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/y^^/ri.rC^ ^(y<^^

LAWS

STATE OF NEW YORK,

FABBED AT THS

ONE HUNDRED AND TWENTY-FIFTH SESSION

LEGISLATURE,

BEGUS JANUARY FIIIST, 1902, AND ENDED MARCH
TWENTY-SEVESTU, 1902, IN THE CITY OF ALBANY.

Vol I.

3. B. LYON COMPANY, STATE PKINTCRS,

L ^29

AUG 2 /925

• • •
• • •«

• • -

• • • •
• • •

• •

• *

CERTIFICATE.

Office of the Secretaby of Statb

OF THE State of New Tobk,
Albany, June 2, 1902.

Pursuant to the directions of chapter 682, Laws of 1892, enti-
tled " The Legislative Law," I hereby certify that the following
volume of the Laws of this State was printed under my direction.

JOHN T. Mcdonough,

Secretary of State.

In this volume, every act which received the assent of a majority
of all the members of ttfe Legislature, three-fifths of all the mem-
bers elected to either House thereof being present, pursuant to
section 21 of article 3 of the Constitution of this State, is desig-
nated under its title by the words " passed, three-fifths being pres-
ent." And every act which received the assent of a majority
of all the members elected to each branch of the Legislature,
pursuant to section 15 of article 3 of the Constitution of this
State, is designated under its title by the words " passed, a ma-
jority being present." And every act which received the assent
of two-thirds of all the members elected to each branch of the
Legislature, pursuant to section 9 of article 1 of the Constitu-
tion of this State, is designated under its title by the words
" passed by a two-thirds vote." [See " the legislative Law,"
chapter ()S2, Laws ©f 1892, as amended by chapter 63, Laws
of 1894.]

LIST OF OFFICERS.

**S45w Cbnteats of published volumes of sesMlon laws -The Pecretary of State shall
annually cause * * * a statement of the names and residences of the Oovernor, i ieuteu
ant-OoT<*rno'', Senators and Members of Assembly, and pr< sidioK officers of both Houses in
office during: each session * * * to be printed and bound. • • • ." Lay§ of 19^1,
ChAp. G^ Sec. 45.

NAMES AND BE8IDENCES

Of the Governor, Liexjtenant-Governor, Senators, Members of assem-
bly AND Presiding Officers op Both Houses of the L. gislaturb of
THE Stat« of New York at the Time of the Passage of the Laws Con-
tained IN This Volume.

OOTFRNOB.

r5E>'JAMIN B. ODELL. Jr ♦ALBANY, Albany County.

l-IEUTENAN r-GOV* RMOK.

TIMOTHY L. WOODRUFF Brooklyn, Kings County.

CLKRK OP THE SEN AT P.

JAMES S. VVaiPFLE Salamanca, Caitarauuus lounty.

BKNAIUUS.

10,

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

N\ME.

County.

A.l dress.

William M. McKinney

William Willets Cocks .

Tnomaa H. CuUea

Suffolk

Nor tb port.
Old WoHtbury.
Brooklyn.
B rook I J' n.

N»8Rau

Kings

Arthur J. Audett

Kings

James Henry McCabe*

Rudolph C. Fuller

Br< oklyn.
Brook U n.

Patrick H McCarren

Henry Marshall

Hrooklyn.
Brooklyn.
Bro klvn.

Joseph Wagner

John Francis Ahearn

'1 imothy D. Sullivan

New York ...

Now York

New York

New York.
New York.

Samuel J. Foley

New York.

Bernard F. Martin

New York

New York.

Thomas Francis Orady

Nathaniel A. Elsberg

Patrick F. Trainer

George W. Plunkitt

Victor J. Dowling

Samuel Scott Slater

Thomas F. Donnelly

Joeeph P. Hennessy

Isaac N. Mills

New York

New York.
New York.

New York

New York.

New York

New York.

New York

New York.

New York

New York.

New York

New York.

Westchester . .

Oran&re

Mount Vernon

Louis F. Qoodsell

Highland Falls.
C hatham.

Henry S. Ambler

Columbia

Greene

William S. 0. Wiley

Catskill.

William L. Thornton

Uobart iLrum

Sullivan

Monticello.

Schoharie

Schoharie.

Edgar Truiuan Brackett

Saratoga

Saratoga Springs.

* Official residence.

LIST OF OFFICERS.

SENATORS —(Continued).

29..
30..
31..
82..
88..
84..
85..
86..
87..
88..
89..
40..
41..
43..
48..
44..
45..
46..
47..
48..
49..
50..

County.

James Briggs McEwan

William D. Barnes . . .

Spencer Q. Prime

George R. Malby

James D. Feeter

Garry A. Willard

Elon R. Brown

Horace White

Nevada N. Stranahan

George Edward Green

Benjamin Martin Wilcox . . . .

Edwin C. Stewart

Franklin D. Sherwood

John Rainps

Merton E. Lewis

William W. Armstrong

Timothy E. Ellsworth

Lester Uayden Humphrey. . .

Henry W. Hill

Samuel J. Ramsperger

George AUen Davis

Frank Way land Higgins

Albany

Rensselaer...

Essex

St. Lawrence.
Herkimer ....

Oneida

Jefferson ....
Onondaga. ..

Oswego

Broome

Cayuga ....
Tompkins . . .

Steuben

Ontario

Monroe

Niagara

Wyoming ....

Erie

Cattaraugus. .

Address.

Albnny.

Brainard.

Rochodter.
Ogdensburgh*

Little Falls.

Boonville.

Watertown.

Syracuse.

Fulton.

Binghamton .

Auburn.

Ithaca.

Homellsville.

Canandaigua.

Rochester.

Rochester,

Lockport.

Warsaw.

Buffalo.

Clean.

Spc^nkcr of the Amieinblr*

Hon. S. Frkderick Nixon Westfield, Chautauqua County.

Clerk of the Assembly.

Hon. Archie E. Baxter Elmira, Chemung County.

MRMIIERS OF ASSEMBLY.

1..
2..
3..

4..

1..
2..
1..
2..
1..
2..
1..
2..

1..

NAME.

William L. Coughtry
Abram 8. (>oon ....".
Robert J. Hi(2:gins . . .
Thomas G. Ross ....

Jesse S. Phillips

James T. Rogers

Fred E. Allen

Myron E. Fisher ....
Albert T. Fancher...

Ernest G. Treat

Charles J. Hewitt . . .
J. Samuel Fowler. . . .
S. Frederick Nixon..
Charles H. Enipp ....

Jotham P. AUds

John F. O'Brien

Elbert Payne

Henry A. Dickinson.

James R. Cowan

John T.Smith

Albany

Allegany ..
Broome ....
Broome ....
Cattaraugus
Cattaraugus
Cayuga ....

Cayuga

Chautauqua.
Chautauqua,
Chemtmg. . .
Chenango...
Clinton ....
Columbia. . .
Cortland . . .
Delaware . .
Dutchess . . .

Address.

Slingerlands.

Preston Hollow.

Albany.

Watervliet.

Andover.

Binghamton.

Whitney's Point.

Delevan.

Salamanca.

Weedsport.

Locke.

Jamestown.

Westfield.

Elmira.

Norwich.

West Chazy.

Hudson.

Cortland.

Hobart

Fishkillon-Hds'n.

LIST OF OFFICERS.

Vll

MEMBERS OF ASSRM BLY — (Contlnved).

2.
1.
2.
3.
4.
5.
6.
7.
8.

1.
2.
1.
2.
3.
4.
5.
6.
7.
8.
0.
10.

11.

12.
13.
U.
15.
16.
17.
18.
19.
20.
21.

1.
2.
3.
4.

10.
11.
12,

•

Francis G Landon. . . .

John H. Bradley

Edward R. O'Malley. .
Anthony F. Burke. ..

Wm. Schneider

Charles F. Brooks

G<*orge Ruehl

John K. Patten

Elijah Cook

Jamea M. Graeff

Halbert D. Stevens. . .
Clarence W. Smith. ..

8. Percy Hooker

William W. Rider. . . .
Samuel M. AUston. . . .

Lewis W. Day

James A. Outterson. . .

John Hill Morgan

John McKeown

James J. Mclnemey..
Charles H. Ck>tton. ...

Greorge Langhorst

Simon Ash

Peter J. Lally

John C. L. Daly

William P. Fitzpatrick

John Rainey

Waldo R Blackwell...
Howard L. Woody . . .

James M. Manee

JohnB Ferre

Harry Howard Dale. .
Gustavus 0. Weber. . .

Harris Wilson

Jacob D. Remsen

John Wolf

William H. Pendry . . .

Joseph H. Adams

Lewis H. Stiles

OttoKelsey

Avery M. Hoadley . . . .

Martin Davis

George H. Smith

Richard Gardiner

Isaac W. Salyerds. . . .

John W. Candee

Thomas F. Baldwin . .
Joseph P. Bourke ....
Anthony J. Barrett. . .
WiUiam H. Bums....

Edward R. Finch

Harry E. Oxford

James E. Duress

Cha8.S. Adler

James A. Allen

JohnF. McCullough..
Clarence McAdam....
Leon Sfmders

Dutchess

Erie

Erie..,

Erie

Essex .

Franklin

Fulton and Hamilton.

Genesee.

Greene

Herkimer.

Jefferson

Kings.

Kings

Kings.

Kings

Kings .

Kings

Lewis

Livingston

Madison

Monroe

Montgomery.

New York

New Yoik

New York

^tantsburgh.

Buffalo.

Tonawanda.

Hamburgh.

Westport.

Malone.

Johnstown.

LeRoy.

Catskill.

Ilion.

Sacketts Harhor.

Carthage.

Brooklyn.

Glen field.

Geneseo.

Earlville.

llochebter Juncfn

Rochester.

Scottsville.

Hagaman.

New York,

New York.

New York,

New York.

New York,

New York.

New York,

Vlll

LIST OF OFFICERS.

MBMBERS OF ASSEMBLY — (Contlnnecl)*

13..

14.

15..

16..

17..

18..

19..

21..

2i.

23..

24..

25..

26..

27,.

28..

29..

80..

81..

b2.

83..

84..

85..

1..

2..

1..

2..

3..

1..

2..

3..

4..

1.
2.

1.
2.
8.
1.
2.
8..

1..
2.

NAME.

1.
2.
I..

Richard S. Reilley

Henry W. Doll

James E. Smith

Samuel Prince

James J. Fitzj<erald. . . .

G^eorge P. Richter

Julius H. Seymour. . . .
John H. Fitzpatrick. . . .

William S. Bennet

William F. Meeks

Josiah T. Newcomb. . . ,

Leo. Ph. Ulmann

John A. Weekes, Jr. .. .

Myron Sulzberger

Gherardi Davis

John r. Dooling

Bain bridge Colby

Gotthardt A. Litthauer

Arthur L. Sherer

Matthew F. Neville

John J. E^an

John J. Scanlon

Franklin Grady

John T. Darrison

John H. Lejjgett

Michael J. McQuade. . .

Fred J. Brill

Edward M Marson ....
James F. Williams . . .
Frederick D. Traub ....

Martin L. Cadin

Fred W. Hammond . . . ,

Jean L. Burnett

John Orr

Louis Bedell

William W. Phipps....

Thomas D. Lewis

Thomas M. Costello.. .

John B Conkling

John R Yale

Luke A. Keenan . . ...

Francis X. Duer. ......

George W. Doughty . .
John M. Chambers . . . .

John F. Ahem

Charles W. Reynolds . .
Ferdinand C. Townsend

George Dickey

Charles S. Plank

Edward A. Merritt, Jr.
William K, Mansfield . .
Andrew J. McMillan. . .

George M. Palmer

OlinT. Nye

Daniel W. Moran

Frank C. Piatt

Gordon M. Patchin . . .
Willis A. Reeve

New York

New York.

Niagara.

Niagara

Oneida

Onondaga

Onondai.a

Onondaga

Ontario

Orarge

Orange

Orleans

Oswego

Otsego

Putnam

Queens

Queens and Nassau . .

Rensselaer

Richmond

Rockland

St. Lawrence. .......

St. Lawrence

Saratoga

Schenectady

Schoharie

Schuyler

Seneca

Steuben

Suffolk

Address.

New York.
New York.
New York.
New York,
New York,
New York.
New York,
New York,
New York.
New York,
New York,
New York.
New York.
New York,
New York.
New York.
New York.
New York.
New York .
New York.
New York.
New York.
New York.
Look port.
Niagara Falls.
Ulica.
Lowell.
Whitesboro.
Baldwinsville.
Syra'^use.
Syracuse.
Syracuse.
Canandaigua.
Orr's Mills.
Goshen,
Albion.
Fulton.
A It mar.
Ct)opeistown,
Brewster.
Astoria.
College Point,
Inwood.
Troy.
Troy.

Petersburg.
Clifton, S. L
Upper Nyack,
Waddington.
Potsdam.
Cohofs.

So. Schenectady.
Coblebkill.
Watkms.
Seneca FalU.
Painted Po^C
Way land.
Pate hog ue.

LIST OF OFFICERS.

MEMBEHS OF ASSEMBLY — (Conclvded).

■r.

NAME.

1.
2.

OeorKe A. Robinaon

Edwin R. Dusinbery

Edwin S. Hanford

George E. Monroe

Robert A. Snyder

Sands Haviland

James L. Fuller

William H. HuRhes

Frederick W. Griffith

John J. Sloane

J. May hew Wainwright . .

James K. Apgar

Henry J. McNair

Ernest R. Bordwell

County.

Suffolk

Sullivan....

Tioga

Tompkins . .

Ulster

Warren . . . . .
Washington
Wayne ....
Westchester
Westchester
Westchester
Wyoming . .
Yates

Addreis.

Sayville, L. I.

Lil>erty.

Waverly.

Dryden.

Saugerties.

Marlboro.

North Creek.

Granville.

Palmyra.

Yonkers.

Hye.

Peekskill.

Arcade.

Penn Yan.

•— ■T •

LAWS

OF THB

* 4 »

STATE OF NEW y5rK.

•-^ r • '

PASSED AT THE ONB HXTMDRBD AND TWBNTT-FIFTH REGULAR SESSION OF THE LEGXS-
LATURB, BEOITN THE FIRST DAY OF JANUART, 1902, AND ENDING THE ITTH DAT OF
MARCH. 1908^ AT THB GITT OF ALBANY.

Chap. 1.

AN ACT to legalize the bondfl of union free tchool district
number seven of the town of Guilderland, in the county of
Albany, dated November first, nineteen hundred and one.
issued for the construction of a new schoolhouse in said dis-
trict, and to provide for the payment of said bonds and the ii^-
terest thereon.

Became a law, January 17, 1902, with the approval of the Governor.

Passed, a majority being present

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

Section 1. The proceedings of the special district meetings, SS^JJ*"
held pursuant to the provisions of section ten of title eight of TSSmw?'
the consolidated school law, in union free school district number Doamof

' education

seven of the town of Guilderland, in the county of Albany, on »»k*"*«^<*-
the fifth day of July, nineteen hundred and one," and the eight-
eenth day of October, nineteen hundred and one, whereat a
majority of the qualified voters of said district present and vot-
ing, did authorize the board of education of said district to raise
upon the taxable property thereof the sum of fifteen thousand
dollars, to be paid in fifteen annual installments of one thou-
sand dollars each on the first day of November in each year
from nineteen hundred and four to nineteen hundred and eight-
een both inclusive, for the purpose of paying for the construc-
tion, heating, ventilation, sanitation and furnishing of a new
school building in said district, and the proceedings of the
board of education in issuing the bonds of said district in pur-

LAWS OF NEW YORK.

[Chap.

Bondi,

declared

▼alldL

• •

Boance of said vote, are ber^bjr legalized, ratified and confirmed,
notwithstanding any d;^£ebl: or irregularities in the language of
the resolutions dire^tJ^g'said sum to be raised and paid or other-
wise; and the hoi^ih*^ said district issued by the board of educa-
tion thereot:*jiu .pursuance of such proceedings, amounting to
the sum o{ 'fifteen thousand dollars, being fifteen in number of
the denomination of one thousand dollars each, dated Novem-
b^r'SS^t^^nineteen hundred and one, of which one matures Noyem-
» .befr^'first, nineteen hundred and four, and one each year on
, •.Nbvember first for fourteen years thereafter, with interest at
the rate of four per centum per annum, payable semi-annually,
are hereby declared to be valid and subsisting obligations of
said school district.

§ 2. The board of education of said union free school district
number seven, in the manner provided in article seven of title
^vtod^T 8€ven of the consolidated school law, shall cause such taxes to
be levied and collected, as may be necessary to pay the install-
ments and interest of said bonds as they shall become due, until
said bonds and the interest thereon are fully paid*

§ 3. This act shall take effect immediatelj.

collected.

Aot

emended.

Ctiap. 2.

!A.N ACT to amend chapter three hundred and twenty-lwo ol the
laws of eighteen hundred and ninety, entitled "An act to re-
vise, amend and consolidate the several acts relating to the vil-
lage of Plattsburgh, and to repeal certain acts and parts of
acts,'' relating to village elections.

Became a law, January 22, 1902, with the approval of the Governor.

Passed by a two-thirds vote.

The People of the Sta4e of New York, represented in Senate and
Assembly, do enact as follows:

Section 1. Section two of title three of chapter three hundred
and twenty-two of the laws of eighteen hundred and ninety,
entitled "An act to revise, amend and consolidate the i^everal
acts relating to the village of Plattsburgh, and to repeal certain
acts and parts of acts," is hereby amended to read as follows:

§2. An election of officers of the village to be called the
annual village election, shall be held on the first Tuesday of
May in each year at a place in said village to be

3.] ONE HUNDRED AND TWENTYPIPTH SESSION. 8

appointed by the board of trustees, which place shall be at some
convenient place to be fixed and provided by the board of trus-
tees, which board shall cause notice thereof to be published at 5*J{JSJ2°"
least once in each of the two weeks immediately preceding the
election in one or more newspapers published in said village.
In case the board of trustees shall neglect to so appoint a place
or places and give notice as aforesaid, it shall not invalidate the
election, and the election shall be held at the place or places of
the last preceding election.
§ 2. This act shall take effect immediately.

Ctiap. 3.

AN ACT to amend chapter five hundred thirty-four of the laws
of nineteen hundred and one, entitled *^An act to amend chap-
ter one hundred eighty-two of the laws of eighteen hundred
and ninety-eight, entitled 'An act for the government of cities
of the second class.' ''

Became a law, January 22, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New York, represented in Senate and
Assemblyy do enact aa follows:

Section 1. Section two of chapter five hundred thirty-four of ^^n<,^
the laws of nineteen hundred and one, entitled "An act to amend
chapter one hundred eighty-two of the laws of eighteen hundred
ninety-eight, entitled 'An act for the government of cities of the
second class,' '* is hereby amended so as to read as follows:

§ 2. This act shall take effect January first, nineteen hundred 2k2?e'iSo^
and two.

§ 2. Nothing in this act contained, nor in chapter five hundred
thirty-four of the laws of nineteen hundred and one, shall be
taken or held as granting or conferring any salary to any alder-
man of any of the cities of the second class, for services as such
alderman, for any part of the year nineteen hundred and one;
and no action at law or other proceeding shall be had or main- ^aVniS?
tained, or judgment recovered, in any of the courts of this state *^'*'
for or on account of salaries for or on behalf of any such alder-
man, for services as such, for any part of the year nineteen hun-
dred and one.

I 3. This act shall take effect immediately.

LAWS OP NEW YORK. [Chap.

Ctiap. 4.

AN ACT relntin^ to salaries, fees and emolnments of olBcialSy
subordinates and employees of cities of the second class

Became a law, January 22, 1902, with tbe appVt)Tal of the Grovernor.

Passed, three-fifths being present

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

Section 1. No claim shall be paid and no action at law com-
menced or recovery had, for unpaid salaries, fees or emolumentf
for the services of any city official, subordinate or employee ii.
any city of the second class, rendered prior to January first,
nineteen hundred and two, until the claim therefor shall have
been first presented to and passed upon by the board of esti-
mate and apportionment of said city. And no proceeding shall
be instituted against said city, or against the board of estimate
thereof, on account of such services, salaries, fees or emoluments
so rendered prior to January first, nineteen hundred and two,
unless the same shall be commenced or instituted within two
months after the passage of this act.

§ 2. This act shall take effect immediatelj«

AN ACT to legalize and confirm the acts of the trustees of the
village of Corinth in awarding, issuing and delivering forty-
four thousand dollars, three and one-half per centum, water
bonds of said village, dated August first, nineteen hundred
and one, and declaring said bonds to be legal and binding
obligations of said village.

Became a law, January 29, 1902, with the approval of the Goyernor.

Passed, three-fifths being present.

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

Aettof Section 1. The trustees of the village of Corinth, Saratoga

fittateet

iifgaiised. county, having, pursuant to the authority conferred by a vote
of a majority of the qualified electors of said village at a special
meeting or election of said village held September twenty-third,
nineteen hundred and one, advertised for sale, in the manner pro-
Tided by section one hundred and twenty-nine of the general

6.] ONE HUNDRED AND TWENTY-FIFTH SESSION.

Tillage law, forty-four tbousand dollars water bonds of said Til-
lage, dated August first, nineteen hundred and one, and certain
proposals having been recelTed and rejected and the proposal of
J. H. De Ridder to purchase the said bonds for forty-fous thou-
sand and fifty dollars and accrued interest having been accepted
and the said bonds awarded to him, and the said J. H. De Ridder
baTing paid to said village the amount ofitered in his said pro-
posal, and the said bonds having been delivered to him, the acts
of the said trustees in so awarding, issuing and delivering said
bonds are hereby legalized and confirmed and the said bonds are
hereby declared to be legal and binding obligations of said village
of Corinth.
§ 2. This act shall take effect immediately.

Ctiap. 6.

AN ACT to provide for the appointment of an assistant district

attorney in Saratoga county.

Became a law, January 29, 1002, with the approval of the Governor.

Passed by a two-thirds vote.

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

Section 1. The present district attorney of Saratoga county Dutnoi
and every district attorney of that county hereafter elected or "■jjj^'j
appointed to that oflSce, may appoint a suitable person to be "»*»*^*-
assistant district attorney. Such appointee shall be a coun-
, selor-at-law and a resident of the county. Such appointment
shall be in writing under the hand of the district attorney, and
shall be filed in the oflBce of the clerk of the county. Such ap-
pointee, before he enters upon the duties of his oflSce, shall
take the oath of office prescribed by the constitution. Such
appointment may be revoked by the district attorney making Apl)oH1^
the same, which revocation shall be in writing and shall be mokJd^
filed in said county clerk's office; and unless said appointment
be revoked by the district attorney making the same, then said
appointment shall be for the term of the district attorney mak-
ing such appointment.

§ 2. It shall be lawful for every such assistant district attor-
ney to attend all criminal courts of the county and assist in

AMlstant

distrlAt

attorney

LAWS OP NEW YORK. [CJhap.

conducting all prosecutions therein. It shall also be lawful
for such assistant district attorney to attend and appear before
any grand jury in his county.
§ 3. Prom and after the first day of January, nineteen hun-
toact"ir dred and three, said assistant district attorney shall act as
bo^dof the attorney and counsel of the board of supervisors of said

ftuperTlsors. " ^

county of Saratoga, without additional compensation to the
salary hereinafter specified, but shall be paid any disburse
ments incurred by him as such attorney and counsel by the
board of supervisors.
8*»^y- § 4. Such assistant district attorney shall receive a salary

of six hundred dollars for his services until January first, nine-
teen hundred and three, and thereafter an annual salary of one
thousand dollars, to be paid by the county in the same manner as
the salary of other county officers; and if such appointee shall
resign or said appointment be revoked before the expiration of
any year, or if for any reason said appointee shall have served
less than a full year, he shall be paid in like manner one-twelfth
of such annual salary for each month of service as such assist-
ant district attorney.
§ 6. This act shall take effect immediately.

Ctiap. 7.

AN ACT to amend section one of chapter six hundred fifty-three
of the laws of nineteen hundred one, entitled "An act for the
relief of the towns of Newfane, Wilson and Lewiston, and to
enable each of said towns to refund and adjust its indebted-
ness and to issue bonds therefor," relative to refunding the
indebtedness of each of said towns, and issuing bonds there-
for.

Became a law, January 29, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Aot Section 1. Section one of chapter six hundred fifty-three of

the laws of nineteen hundred one, entitled "An act for the relief
of the towns of Newfane, Wilson and Lewiston, and to enable
each of said towns to refund and adjust its indebtedness and to
issue bonds therefor," is hereby amended to read as follows:

7.] ONE HUNDRED AND TWENTTPIFTH SESSION. 7

§ 1. The supervisor, together with the justices of the peace, tl^StSi^
or any three of such officers, of each of the towns of Newfane, ^^"^
Wilson and Lewiston, are hereby authorized to execute under
their hands and seals, and to issue new bonds with interest*
bearing coupons in the name of such towns, for the purj^ose of
redeeming, taking up and retiring the bonds, or such part
thereof as remain unpaid, heretofore issued by the supervisor,
together with the justices of the peace, or any three of such
officers, of each of said towns of Newfane, Wilson and Lewis-
ton, for the purpose of redeeming, taking up and retiring
the bonds formerly issued by the railroad commissioners
of each of said towns in aid of the Lake Ontario Shore
Railroad Company, or to pay any judgment entered on
said bonds and coupons. Such new bonds shall bear interest at intorMt.

^ when paj'

a rato not exceeding four per centum per annum, payable an- •*>*••
nually; shall be made payable not less than one or more than
thirty years from their date; shall be exempt from taxation for
town, county, municipal or state purposes; and an amount equal
to not less than two per centum of the whole amount of such
new bonds shall be payable each year after the issue thereof.
The principal and interest of such new bonds shall be payable
at such place as shall be designated in said new bonds and
coupons. Each of said towns shall have the right to call
in and pay the whole or any part of said bonds and
coupons which shall remain unpaid at the end of twenty years
from the date thereof, at any time when the payment of interest
is due and payable. Said new bonds may be issued to the hold-
ers of said old bonds or coupons or the owner of any judgment
recovered thereon in sufficient amount to take up the old bonds
and due and past due coupons and judgments recovered thereon,
owned by them respectively; or in the discretion of said super-
visors and justices, respectively, they may sell said new bonds
at a price not less than par, and with the proceeds thereof take ▲ppucation
up said old bonds and due and past due coupons and judgments
recovered thereon; but no greater amount of such bonds shall
be issued than is sufficient to take up and retire said old bonds
and coupons, including judgments thereon which have been
recovered against said towns, respectively, and they shall be
used for no other purpose. Before said supervisor and jus-
tices, or any of them, of said towns, respectively, shall issue

LAWS OF NEW YORK.

[Chap.

Bond wltll

■tirrtlea

requiriKL

A.athorlt]r
toadJasL

any such bonds they shall give to such town a bond with sureties
who shall justify in at least twenty-five thousand dollars, said
bond to be approved by the county judge of Niagara county and
conditioned for the faithful discharge of their duties and the
use and application of such bonds as herein required, which
said bond when given shall be filed with the county clerk of
Niagara county. The supervisor and justices of each of said
towns, respectively, are hereby authorized to settle and adjust
said indebtedness, and nothing herein shall be construed as com-
pelling them to issue such bonds until a satisfactory adjustment
is made.
§ 2. This act shall take effect immediately.

Oompens**
Hill oC
Muerlff.

Ctiap. 8.

AN ACT to make the office of sheriff of Schuyler county a sal-
aried office, except as to fees in civil causes and proceedings,
and to regulate the management of said office.

Became a law, January 29, 1002, with the approval of the Governor.

Passed by a two-thirds vote.

The People of the 8ta4e of New York, represented in Senate and
Assembly, do enact as follows:

Section 1. After the expiration of the term of office of the
present sheriff of the county of Schuyler, the sheriff of that
county shall receive as compensation for his services herein-
after enumerated, an annual salary, not exceeding one thousand
two hundred dollars, which shall be fixed by the board of super-
visors of said county, at least three months prior to the election
of such sheriff, and shall not be increased or diminished during
the term for which any sheriff shall be elected.

§ 2. The salary so fixed by the board of supervisors shall
constitute the whole compensation which shall be allowed or
paid to or received by said sheriff for all official services which
may be performed by him as sheriff in his attendance upon any
and all courts of record held in the county of Schuyler, and for
all services performed by him for the United States of America,
the state of New York, or the county of Schuyler, or chargeable
thereto, or which he is or shall be required or authorized by law
to perform therefor by virtue of his said office as sheriff; and

8.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 9

no compensation, payment or allowance shall be made to him
for his own use for any such services except the salary afore-
said. The said sheriff shall be permitted to occupy free of rent
or charge, that part of the jail building together with all out-
buildings erected for the sheriff's residence in the village of
Watkins, in said county.

§ 3. All fees, emoluments and perquisites which said sheriff l^*^^
shall charge or receive or which he shall be legally authorized, «'«*"^*
required or entitled to charge or receive for conveying prisoners
to state institutions, and for all other services for the United
States of America, or the state of New York, for which fees are
paid, including the moneys he may receive for the board, custody
or care of United States prisoners, shall belong to the county of
Schuyler; and it shall be the duty of said sheriff to exact, col-
lect and receive for said county the full amount allowed by
law of all such moneys, fees, emoluments and perquisites.

§ 4. Such sheriff shall keep in his office, in a proper book or Booiutobe
books, to be provided for that purpose, an exact and true ac-
count of all official services performed by him as sheriff, and
all fees, moneys, perquisites and emoluments received or charge-
able by him therefor pursuant to law. Such book or books shall
show when and for whom every such service shall have been
performed, its nature, and the fees chargeable therefor, and at
all times, during office hours, shall be open to the inspection of
all persons.

S 5. Such sheriff shall transmit to the treasurer of said county veriiM
at the expiration of each calendar month or within Ave days tob?trm

mltted to

thereafter, a verified statement of all moneys received by him SuSj
for fees, perquisites and emoluments for all the services named
in section two of this act, rendered by him in his official capacity
aforesaid. The verification of such statement shall be by the
affidavit of such sheriff that said statement is in all respects
full and true, as herein required, and shall be positive, and not
upon information and belief, and at the same time said sheriff
shall pay over to the treasurer of the county of Schuyler, for
the benefit of said county, all of the moneys so received by him.

§ 6. Every sheriff elected or appointed in said county shall omcw
before entering upon the duties of said office, execute to the
people of this state and file in the office of the county clerk of
said county a bond in the penal sum of not less than five thou-

10 LAWS OP NEW YORK. [Chap.

sand dollars and with such sureties as shall be fixed and pre-
scribed by the board of supervisors of said county. Such bond
shall be conditioned that such sheriff shall well and faithfully
discharge all duties of his office and all trusts reposed in him by
law or by virtue of his office, and shall safely keep and pay over
to such county treasurer as herein provided, all moneys which
shall come into his hands. Said bond shall be approved as to
form and sufficiency of sureties by the board of supervisors if in
session, and if not in session, by the county judge of said county;
and if any such sheriff shall neglect for thirty days to execute
or file any such bond according to the provisions of this act
his office shall thereupon become vacant. Such bond shall be
filed and recorded in the office of the clerk of said county.

§ 7. The jail of the county shall be kept by the sheriff, with
the assistance of his under-sheriff, as now required by law, and
no tramps or vagrants shall be received therein, and therein
fed, lodged or cared for, until due and legal commitment by the
proper authorities. All furniture, implements, material, food
and supplies of whatever nature necessary for the custody and
maintenance of the prisoners detained in said jail, shall be pro-
vided by said sheriff, and his actual and necessary expenses in
providing for the same shall be a county charge and be paid by
e^l^ tli^ county as follows : The sheriff shall keep a correct and item-

expeni

how ke;

sea.
:epL

ized account of such expenses, in a book or books provided for
that purpose, at the expense of said county. Each item of such
account shall specify the date at which it was incurred, to whom
paid, the place where paid, and for what or the purpose for
voQchen. ^hich it was paid. The sheriff shall also obtain a voucher for
each item incurred by him, so far as practicable, and if such
item exceed the sum of five dollars, it shall be duly verified as
to its correctness, and the payment thereof, by the affidavit of
the person furnishing the same. At the end of each calendar
month or within five days thereafter, the sheriff shall present
to the chairman of the board of supervisors of said county, or
a member thereof designated by said board for that purpose, a
written verified statement in detail of all the items of said
expenses for such month. The chairman of said board of super-
visors, or the member thereof designated by said board for that
purpose, shall forthvnth examine such statement, and vdthin
five days after receiving the same, attach his certificate thereto,

8.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 11

certifying what amount thereof he finds correct, and return
said statement with his certificate thereto attached, to said
sheriff. The sheriff shall thereupon present the same to the
treasurer of said county, who shall forthwith pay to said sheriff
the amount certified, by said chairman or member of the board
of superrisors designated for that purpose, to be correct. The
reriflcation of such statement shall be by the affidavit of the
sheriff that said statement is in all respects just and true and
shall be positive, and not on information and belief. In case
any part of said account of said sheriff is not certified by said
chairman, or member of the board designated for that purpose,
to be correct, the same may be presented by said sheriff to the
board of supervisors of said county, for audit, and the amount
allowed therefor shall be paid the same as any other county
charge.

§ 8. The board of supervisors of said county shall designate Jjy'^J***
the number of employees, and the sheriff shall appoint the jailer, ^^^^^
turnkey and janitor for any public buildings placed in his charge
by resolution of said board of supervisors, and other assistants
necessarily employed at the jail of said county for the care and
control of the prisoners detained therein. Said sheriff shall be
responsible for their official acts, the compensation of said em- g^???"**'
ployees shall be fixed by the board of supervisors, and paid "»p*<>'««*
monthly by the county treasurer in the same manner as other
county officers are paid.

S 9. In addition to the salary specified in section one of this Additional

o •' * fees autbo

act, the said sheriff is authorized and entitled to receive the '*****•
fees now allowed to sheriffs in civil causes or proceedings and
paid by litigants or individuals, as and for his compensation for
services and disbursements rendered therein and his .liabilities
thereunder and for the services of the undersheriff and other
employees in his office in such causes and proceedings.

S 10. The said sheriff shall also be allowed and entitled to DUburM-
receive the necessary and actual disbursements incurred by him •iiowed.
In the discharge of the duties designated in section two of this
act and in performing any service for which the county receives,
or is entitled to receive, the fees therefor under this act, which
said disbursements shall be audited and allowed by the board
of sux>ervisors as other claims against the county are audited
and allowed.

13 LAWS OF NEW YORK. [Chap.

§ 11. All acts and parts of acts inconsistent with this act are
hereby repealed.
§ 12. This act shall take effect immediately.

Cliap. 9.

AN ACT to amend the general corporation law in relation to

corporate names.

Became a law, January 80, 1902, with the approval of the Governor.

Passed by a two-thirds vote.

The People of the State of New Yorkf represented in Senate and
Assembly, do enact as folloics:

fimoded. Section 1. Section six of chapter five hundred and sixty-three
of the laws of eighteen hundred and ninety, entitled ^'An act in
relation to corporations constituting chapter thirty-five of the
general laws/' as amended by chapter six hundred and eighty-
seven of the laws of eighteen hundred and ninety-two, chapter
six hundred and seventy-two of the laws of eighteen hundred
and ninety-five and chapter seven hundred and four of the laws
of nineteen hundred, is hereby amended to read as follows:

§ 6. Corporate names. — No certificate of incorporation of a
proposed corporation having the same name as a corporation
authorized to do business under the laws rf this state,
or a name so nearly resembling it as to be calculated
to deceive, shall be filed or recorded in any office for
the purpose of effecting its incorporation, or of authoris-
ing it to do business in this state. A corporation formed by
the reincorporation, reorganization or consolidation of other
corporations or upon the sale of the property or franchises of a
corporation, may have the same name as the corporation or one
of the corporations to whose franchises it has succeeded. No
corporation shall be hereafter organized under the laws of this
state, with the word trust, bank, banking, insurance, assurance,
indemnity, guarantee, guaranty, savings, investment, loan or
benefit as part of its name, except a corporation formed under
the banking law or the insurance law.
§ 2. This act shall take effect immediatelj.

10.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 13

Ctiap. lO.

AN ACT to proTide for the holding of town meetings and ele<y
tions in counties of the state having a certain population.

Became a law, February 4, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. The next town meeting at which town officers shall
be elected in any county of the state having a population of over
four hundred thousand inhabitants and less than six hundred
thousand inhabitants, according to the last federal enumeration,
shall be held on the first Tuesday after the first Monday in SJTdiSfS
November in the year nineteen hundred and three and biennially
thereafter, at the same places as general elections in such towns
are held. No person shall be entitled to vote at any such town
meeting or election unless he is registered and entitled to vote
at the general election held at the same time that such town
meeting is held. All elective town officers shall be elected at
such general election in the same manner and on the same bal-
lot as other officers who may be elected thereat. Certificates ornomh.«"
of nomination of candidates for a town office in any such towns aiSl '****''*
shall be in duplicate, one of which shall be filed with the town
clerk of the town, and the other with the clerk of the county
wherein such town is located, and if nominated, by a political
party, at least twenty days and not more than thirty days be-
fore such town meeting and election is held, or, if independent
I. >minations, at least fifteen days and not more than thirty
days prior thereto. The ballots prepared by the county clerk
shall include the names of all candidates nominated for town
officers in any such towns. The county clerk shall apportion SJjJJJIiof.
to and charge the several towns in any of such counties with ^oSml
their respective proportionate shares of the expenses of the
preparation and distribution of such ballots.

§ 2. Ballots for the submission of questions or propositions
relating to town affairs shall be prepared and furnished at the
expense of the town by the '^lerk thereof, as provided in the
election law. Such ballots shall be distributed by the town gg^'^J'*
clerk at the same time and in the same manner as are other ^

14 LAWS OF NEW YOBK. (Ohap.

ballots to be voted at a general election. An additional ballot
box shall be provided, marked '^ box for town propositions," in
which shall be deposited the ballots cast on town propositions
or questions.

§ 3. At the close of the polls at any such biennial town meet-
ing and election in any snch town the inspectors of election

vmeir"®' shall proceed to canvass the votes for the candidates for the
several town offices, and for and against all town propositions
duly submitted to the voters of such town in the election dis-
tricts where such meeting and election was held, in the same
manner as the votes for other candidates and propositions cast

ore^uo", at the general election are canvassed. The inspectors of elec-

duties of*

tion shall perform the same duties with respect to the canvass
of the vote and the filing of the returns thereof for such town
officers, and all other matters pertaining to the determination
of the result of the election as is now provided by law, with
respect to the canvass of the votes cast at a general election.
All provisions of law relating to the canvass of votes cast at a
general election by the county board of canvassers, to the cor-
rection of clerical errors, the review of the determination by
such board of canvassers, and all other matters pertaining to
the canvass of the votes cast at a general election, shall be
applicable to the canvass of all votes for such town officers and
propositions. The county clerk of any such county shall trans-
mit to the clerk of each town therein a certified copy of the
determination of the county board of canvassers as to the elec-
tion of each town officer and proposition voted for at the town
Se°k^ meeting and election held in such town. The county clerk

certtfl^atei of auy such couuty shall transmit to each person declared by
the board of canvassers thereof to be elected to a town office
therein, a certificate of the determination of such board. No
list of nominations of candidates for town officers to be filled
at any such biennial town meeting and election, or the result
of the official canvass of the vote cast thereat, shall be required
to be published. All the provisions of the election law not
Inconsistent with the provisions of this act shall apply to and
govern town meetings and elections held as provided herein.

§ 4. There shall be elected at the town meeting and election
to be held in each town in any such county on the first Tuesday
after the first Monday of Novemberi in the year nineteen huu-

11.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 16

dred and three, and biennially thcFeafter, one snpervisor, one J^^„j^
town clerk, three assessors, one or three commissioners of high- * **
^ways, one collector, one or two overseers of the poor and not
more than five constables. The persons first elected to the
various offices above mentioned shall enter upon the discharge
of their duties at the expiration of the term of their predecee-
8or9, and serve until and including December thirty-first, nine-
teen hundred and five. Their successors shall be elected at
the biennial election and town meeting held in nineteen hun-
dred and five and biennially thereafter, for the term of two JSJ^"*
years commencing on the first day of January, succeeding their
election. There shall also be elected at such town meeting and
election and biennially thereafter, two justices of the peace for .
terms of four years, beginning on the succeeding first day of
January. The collectors elected at such town meetings and
elections shall enter upon the discharge of their duties after
their predecessors have completed the duties of their offices, in
respect to the collection of taxes and returns thereof, as now
prescribed by law.

§ 6. Nothing in this act shall be deemed to supersede or re-
peal any provision of chapter eight hundred and sixteen of the
laws of eighteen hundred and ninety-five or chapter six hundred
and sixty-three of the laws of nineteen hundred and one or any
amendments to either of such laws.

§ 6. This act shall take effect immediately.

Chap. 11.

AN ACT to legalize the action of a special school meeting in
union free school district number eleven, town of Bichmond-
vllle, county of Schoharie, in designating a site for a school-
house in said district and to legalize the issuance and sale
of bonds by the board of education of said district.

Became a law, February 4, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. The action of the special school meeting of union igSSS"'
free school district number eleven, town of Bichmondville, m^U

legmUaaa.

16 LAWS OP NEW YORK. [Chap.

county of Schoharie, held on the seventh day of June, nineteen
hundred and one, in designating a site for a schoolhouse in said
district, and the action of the board of education of the said
union free school district number eleven, town of Eichmondville,
county of Schoharie, in the issuance and sale of bonds to the
amount of eleven thousand dollars for the purchase of a site
and the erection of a school building thereon and all proceedings
of the school district meetings of said district in relation there-
to, are hereby ratified, confirmed and legalized,
§ 2. This act shall take effect immediately.

Ctiap. 12.

AN ACT to provide for the compensation and expenses for the
legislative session of nineteen hundred and two, of persons
appointed to draft, examine and revise bills.

Became a law, February 4, 1902, with the approval of the Governor.

Passed by a two-tblrds vote.

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

Section 1. The sum of four thousand three hundred and
Beventy-two dollars and forty-two cents, being the balance un-
expended of an appropriation made by chapter four hundred
and nineteen of the laws of nineteen hundred, for the statutory
revision commission, is hereby reappropriated, and the addi-
tional sum of six hundred and twenty-seven dollars and fifty-
eight cents is hereby appropriated, or so much thereof as may
be necessary, for the compensation and expenses during the
legislative session of nineteen hundred and two, of persons
appointed under section twenty-three of the legislative law, to
draft, examine and revise bills. Such compensation and ex-
penses shall be paid by the treasurer on the warrant of the
comptroller, on the order of the temporary president of the
senate and the speaker of the assembly.

§ 2. This act shall take effect immediately.

14.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 17

Chap. 13.

AN ACT providing for the payment of the balance due news-
papers for the publication of the general laws of the state
for the year nineteen hundred and one, and for deficiency in
appropriation for the publication of the session laws and the
official canvass and official notices provided by law.

Became a law, February 4, 1902, with the approval of the Governor.

Passed by a two-thirds vote.

21ie People of the State of New Yorky represented in Senate and
Assembly y do enact as follows:

Section 1. The sum of forty-one thousand dollars, or so much
thereof as may be necessary, is hereby appropriated out of any
money in the treasury not otherwise appropriated, payable by
the treasurer on the warrant of the comptroller, for the payment
of the balance due newspapers in the various counties in this
state for the publication of the general laws of the state for the
year nineteen hundred and one, and the further sum of five
thousand dollars, or so much thereof as may be necessary, is
hereby appropriated for deficiency in appropriation for the pub-
lication of the session laws and the official canvass and official
notices provided by law, which are subject to contract.

§ 2. This act shall take effect immediately.

Chap. 14.

AN ACT to authorize the board of education of the union free
school of the village of Saratoga Springs to borrow money on
notes to be issued by said board, for the purpose of defraying
the expense incurred in erecting a new school house in said
village.

Became a law, February 8, 1902, with the approval of the Governor.

Passed, a majority being present.

The People of the State of New York, represented in Senate cmd
Assembly, do enact as folloics:

Section 1. The board of education of the Union free school 2i?c2t?Jn
of the village of Saratoga Springs, is hereby authorized to borrow wfUJrow

money.

the sum of thirty thousand dcHlars, and to give its obligations

18 LAWS OP NEW YORK. [Chap.

therefor, bearing interest at the rate of not to exceed four pep
centum per annum, payable semi-annually, which notes shall be

.rf*JSS* payable at such time or times, within ten years from their date,
and at such place or places, as the said board of education shall
direct, and shall be signed by the president and secretary of said
board, and sealed with the seal of said board.

."I^r^non'^r § 2. The moneys thus borrowed shall be used solely in defray-
ing expense already inruirred, and to be incurred, in the erection
of a new schoolhouse, known as " School No. 2" in said village,
and shall be deposited with the receiver of taxes of said village
and paid out in the same manner as are other funds of said board.
§ 3. This act shall take effect immediately.

lM*rrow«d.

Ctiap. 15.

AN ACT to release to John H. Gibbons, all the right, title and
interest of the people of the state in and to a lot of land
whereof Charles H. Schild died seized.

Became a law, February 7, 1902, with the approval of the Qovemor.

Passed by a two-thirds vote.

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

Section 1. All the right, title and intepest of the people of the
state of New York, of, in and to a lot of land in " The Green-
wood Cemetery," situate in the borough, formerly city, of Brook-
lyn, county of Kings, in the state of New York, whereof Charles
H. Schild died seized and possessed, which lot is delineated and
laid down on the register, map or plan of the said cemetery and
is thereon designated by the number thirty thousand seven hun-
dred and fifty-four, is hereby released to John H. Gibbons of
said county of Kings, stepson of said Charles H. Schild, and to
the heirs and assigns of said John H. Gibbons.

g 2. This act shall take effect immediately.

17.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 19

Ctiap. 16.

AU ACT to amend chapter fifty-one of the laws of eighteen
hundred and eighty-two, entitled ^'An act in relation to the
supreme court library, located at Delhi," relative to the sal-
ary of the librarian.

Became a law, February 7, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. Section three of chapter fifty-one of the laws of Act

amende^l.

eighteen hundred and eighty-two, entitled ^^ An act in relation
to the supreme court library, located at Delhi" is hereby
amended to read as follows:

8 3. The salary of such librarian shall be four hundred saurrm

^ "^ librarian

dollars per annum, and shall be paid in quarterly payments of
one hundred dollars each, on the last day of each of the
months of March, June, September and December of each year,
by the county treasurer of the county of Delaware, from the
funds in hia hands as such treasurer.
§ 2. This act shall take effect immediately.

Ctiap. 17.

AN ACT to legalize the special election held in the village of
Frankfort for the purpose of determining as to the establish-
ment of a system for supplying the village and its inhabitants
with electric light.

Became a law, February 7, 1902, with the approval of the Governor.

Passed, 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 special election held by and in the village of
Frankfort on the eighteenth day of May, nineteen hundred and
one, at which time was submitted a proposition for the bonding
of said village to an amount not exceeding eighteen thousand
dollars for the purpose of building, erecting, constructing and
maintaining a municipal electric lighting system to be owned

LAWS OP NEW YORK.

[Chap.

Special

^fwtlon

legalized.

by such village to be used for the purpose of supplying such
village and its inhabitants with arc and incandescent lights
shall be deemed to have been held on sufficient notice and in
accordance with the statutes in such cases made and provided,
and such special election is hereby confirmed and legalized and
any bonds issued for such purpose, not exceeding in amount
said sum of eighteen thousand dollars, shall be as binding on
such village as if such special election had been held in accord-
ance with the statute in such case made and provided.
§ 2. This act shall take effect immediately.

Amended*

C]#»rk of cHy
roil re, li<»w
iippointed.

Salarj.

Chap. 18.

AN ACT to amend chapter four hundred and sixteen of the
laws of eighteen hundred and ninety-three, entitled "An act
in relation to the citj; court of Yonkers " and the several acts
amendatory thereof and supplemental thereto.

Accepted by the city.

Became a law, February 7, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. Section one of title three of chapter four hundred
and sixteen of the laws of eighteen hundred and ninety-three,
entitled "An act in relation to the city court of Yonkers " passed
April eighteen, eighteen hundred and ninety-threi*, as amended
by chapter four hundred and eighty-seven of the laws of nineteen
hundred, is hereby amended, so as to read as follows:

§ 1. The clerk of the city court shall bo appointed by the
city judge, by his appointment in writing to be filed with the
city clerk, and shall hold his office during the pleasure of the
city judge. He shall receive such salary as the common council
of the city of Yonkers shall determine, not exceeding the sum
of one thousand five hundred dollars per annum, to be paid
monthly by the city of Yonkers.

§ 2. This act shall take effect immediately.

19.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 21

Ctiap. 19.

AN ACT to amend chapter one hundred and five of the laws
of eighteen hundred and ninety-one, entitled "An act to re-
vise the charter of the city of Buffalo," in relation to the
department of parks.

Accepted by the city.

Became a law» February 7, 1902, with the approval of the Governor.

Passed, 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 three hundred and eight of chapter one hun- ^^^^ed.
dred and five of the laws of eighteen hundred and ninety-one,
entitled "An act to revise the charter of the city of Buffalo," iB
hereby amended to read as follows:

§ 308. There shall be a department of parks, of which the board ?f*5SkT"*
of park commissioners shall be the head. It shall consist of
five members, who shall be appointed by the mayor, who
shall also be a member of said board, ex officio. The name
and style of said board shall be " the park commissioners." JS"" o? ex
The terms of office of the park commissioners in office mi!^foue»

to OMtSO.

at the time the amendment to this section takes effect
shall cease and terminate upon the appointment of the
board of park commissioners pursuant to the provisions of
the section as amended, and such existing board shall turn over
to the board appointed pursuant to this section as amended all
the books, papers, records, money and property in its possession
or under its control as such board of park commissioners. Within Pykcom.
ten days from the time this act takes effect, the mayor shall ap- SliSiTind
point five park commissioners, one for the term of one year, one '™
for the term of two years, one for the term of three years, one for
the term of four years, and one for the term of five years, and
every year thereafter, upon the expiration of the term of office of
a member of such board, the mayor shall appoint a park commis-
sioner for a full term of five years. Should a vacancy occur in JJ^^JTid
said board by reason of death, resignation, or otherwise, except
the expiration of term of office the mayor shall appoint a person
lo fill such vacancy whose term of office shall expire at the end of
the tenn of the one whose vacancy he is a])i)ointed to fill.
§ 2. This act shall take effeot immediately.

22 lULWB OF NEW YOBK, £0

Cl^ap. 20.

AN ACT to authorize and empower union free school, district
number one, of the towns of Ghent and Chatham, county of
Columbia, New York, to build, establish and maintain a pub-
lic library, to acquire, hold and dispose of real and personal
property for such purpose, to use and employ any real estate
now owned by it as a site for the erection of a library building,
and to authorize the board of education of said district to
accept gifts, grants, devises and bequests and to enter into
agreements in regard to the care and maintenance of a public
library within said district.

Became a law, February 7, 1902, with the approyal of the Goyemor.

Passed, a majority being present.

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

to^wtallSh Section 1. Union free school district number one of the towns
Rbwj. of Ghent and Chatham, county of Columbia, New York, shall
have power in its corporate name to acquire by gift, grant
purchase, devise or bequest and to hold and dispose of such
property, real and personal, as shall be necessary for the estab-
lishment and maintenance of a public library within said dis-
trict and to use and employ any real estate now owned by it
for a site for the erection of a library building.
*"*SS^J*' § 2. The board of education of said district is hereby au-
.Ile^L*''^ thorized to enter into any agreement in regard to the erection,
care and maintenance of a public library within said district
that it may deem necessary and expedient, to and with any per-
son or persons who may agree to furnish the necessary money
for erecting a public library building on the lands now owned
by said district or hereafter to be acquired by said district for
such purpose; and in each year after making such agreement
there shall be included in the annual tax levy of said district
the amount necessary to carry out the terms of any agreement
so entered into by said board of education.
SKSSIliu' § 3- The board of education of said district shall not enter
into any agreement as herein provided until after such agree-
ment shall have been approved by a vote of a majority of the
legal Totera of said district present and voting, at an annmal

21.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 23

school meeting held in and for said district, or at a special
school meeting duly called for that purpose.

§ 4. In the event that an agreement is authorized and a
library building is erected in pursuance thereof, said board of
education is hereby authorized to transfer to the said building
all books, pamphlets, papers, documents and other personal
property now constituting the library of said district; and there-
after said library shall be and be maintained as a free publio
library, under such regulations as the board of education may,
from time to time, adopt and provide, and shall be under the Library to

be under

control, management and direction of the board ot education gJJJS'l^^'
of the said district as a part or department of the school of said «^"*'*"*'"
district, and shall be entitled to receive all benefits from the
state now or hereafter provided by the consolidated school law
and the university law for and in aid of public libraries and
school libraries.

§ 6. This act shall take effect immediately.

Ctiap. 21.

AN ACT In relation to the composition of the board of trustees

of the New York public library, Astor, Lenox and Tilden

foundations.

Accepted by the city.

Became a law, February 7, 1902, with the approval of the Oovemor.

Passed, three-fifths being present

The People of the State of New Torky represented in Senate and
Assembly y do enact as follows:

Section 1. The number of the trustees of the New York public Trustee.

lacreased.

library, Astor, Lenox and Tilden foundations, is hereby increased
from twenty-one to twenty-five. Eleven trustees shall continue
to constitute a quorum for the dispatch of any business.

§ 2. The mayor of the city of New York ex-oflScio, the comp-
troller of the city of New York ex-officio, and the president of
the board of aldermen of the city of New York ex-officio, shall
at all times hereafter, by virtue of their respective offices, be
members of the said board of trustees.

§ 3. The other twenty-two members of the board of trustees Eiecttonoi

trust fi£L

of the said corporation shall be elected in such manner and for

LAWS OF NEW YORK.

[Chap.

such terms of office as the by-laws of the said corporation may
from time to time provide.
§ 4. This act shall take effect immediately.

Oountj
cr«*uiiurer»

CO llpfOM^

ttou of.

Deputy

troamraTf
|H>wer of.

AN ACT making the office of treasurer of Broome county a
salaried office and regulating the management thereof.

Became a law, February 13, 1902, with the approval of the Governor.

Passed, a majority being present.

TTie People of the State of New Yo7% represented in Senate and
Assembly, do enact 08 follows:

Section 1. The county treasurer of the county of Broome next
elected or thereafter to be elected or appointed shall receive
annually as compensation for his services and for the services
of his deputy and all persons whom it may be necessary for him
to employ to properly perform the duties of such office, and all
work, labor and duties appertaining thereto, the sum of twenty-
flve hundred dollars, payable quarterly by said county treas-
urer. Such compensation shall not be increased or diminished
during the term of office of any incumbent of said office here-
after elected or appointed.

§ 2. The said county treasurer of Broome county is hereby
authorized to appoint a person to be and to act as deputy treas-
urer of said county to act during the pleasure of said county
treasurer, and to have and possess in the absence of said treas-
urer all the power possessed by him except that of signing
bonds or certificates of indebtedness. The said treasurer shall
be responsible for the acts of said deputy. Such appointments
shall be in writing and filed in the office of the clerk of Broome
county. Any default or malfeasance in office of such deputy
treasurer or of any employee of said treasurer shall be deemed
to be a breach of the condition of the bond or undertaking given
or to be given by such treasurer according to law.

§ 3. It shall be the duty of said treasurer to perform all the
services which he shall be required or authorized by law to per-
form by virtue of or by reason of his holding such office, for
the state, for the county, for towns, corporations and for indi-

22.] ONE HUNDRED AND TWENTf-PIPTH SESSION. 25

viduals, and no compensation, payment or allowance shall be
made to him or said deputy treasurer or to any person whom he
has entrusted with the performance of any duty connected with
said office or appointed to any position of trust or profit there-
under or to any other persons for his or their own use for any
such services except the compensation named in this act.

8 4. All the fees, emoluments and perquisites which such jees. whmn

« ' XT ^ belong to

county treasurer shall charge, retain or otherwise receive or «>«»«»v.
which he shall lawfully be authorized, required or entitled to
charge, retain or otherwise receive shall belong to the county
of Broome. It shall be his duty to exact, retain, collect and
otherwise receive the full amount allowed by law for all such
fees, emoluments and perquisites for said county, and such
treasurer shall require payment in advance for all services
rendered by him or by his deputy or other employee of said office
in his or their official capacity by virtue of any law of this state
or by any order of court or by order of the board of supervisors
of said county for any duty which may hereafter by law devolve
upon him which is not a county charge.

§ 5. In the proper book or books to be prepared by and at the gJ^J*
expense of the said county of Broome such treasurer shall keep
an exact and true account of all official services performed by him
or his deputy or any other person employed in an official capa-
city by said treasurer and of all moneys, fees, perquisites and
emoluments received or charged by him or them pursuant to
law, one of which books shall show therein the itemized and
total receipts and disbursements for each day. Such book or
books shall be deemed a part of the records of such office and
shall at all times during office hours be open to Inspection with-
out charge therefor to all persons desiring to examine the same.

§ 6. Such treasurer shall make a true statement for each JJJJJ^'Jjj
month of all moneys received each day by him or by his deputy
or other employees for fees, perquisites and emoluments for
all services rendered by him or them in his or their official
capacity, and shall transmit and deliver such statement to the
clerk of the board of supervisors of said county within five
days from the expiration of such month. Such statement shall
be properly itemized, which items shall name the person paying,
the total amount of proceeds for which the services are ren-
dered or other available data. Such statement shall show the

26 liAWS OF NEW YORK. [Chap.

total receipts for such month and shall have attached thereto
the affidavit of said treasurer in effect that the same is in all
respects a full and true statement of all moneys by him and
those under him to his knowledge received and chargeable to
said office as herein required, A summary of such monthly re-
ports shall also be prepared by the treasurer and presented to
the board of supervisors on or before the first day of its annual
meeting.

§ 7. At the time of the receipt by said treasurer of any of the
fees, emoluments and perquisites aforesaid he shall credit the
same to the general fund of said county of Broome.

.>mHai § 8. Every treasurer hereafter elected or appointed in said

county shall before entering upon the duties of said office exe-
cute and deliver an undertaking in the form and manner pro-
vided by the county law, except that a surety or guarantee cor-
poration may be accepted as surety. In case said treasurer
gives such undertaking with a surety or guarantee corporation
as surety, the cost of such undertaking shall be a county charge.
Said treasurer may require an undertaking of each person ap-
pointed or employed by him in any official capacity for the faith-
ful performance of the duties of such person and for the
accounting for any moneys which may come into his hands by
virtue of such office or employment, and the county of Broome
shall in no particular be held responsible for any official act
of said treasurer or any of his appointees.

»*H<iaity. § 9. Any officer referred to in this act or any appointee of
such treasurer who shall receive for his own use, or neglect to
account for all moneys, fees, perquisites or emoluments by this
act authorized to be received or intended to belong to and be
for the benefit of Broome county, or any treasurer who neglects
to render to the clerk of the board of supervisors of said county
such monthly statement and such summary to the board of
supervisors, containing therein an account of all fees, perqui-
sites or emoluments received, or to credit the same as therein
required, shall be deemed guilty of a felony and upon conviction
thereof shall forfeit his office or appointment, and shall be pun-
ished by fine of not less than one thousand dollars and not
more than ten thousand dollars, and imprisonment for not more
than ten years, and shall be liable to such county in a civil
action for all moneys so received and not accounted for.

23.1 ONE HUNDRED AND TWENTY-FIFTH SESSION. 27

§ 10. The said treasurer and his deputy and employees shall
be entitled to use and occupy without charge or expense, any
rooms in the Broome county court house that shall be set apart
for that purpose by the board of supervisors of said county.

§ 11. All acts or parts of acts inconsistent with this act in
so far as the same relates to Broome county are hereby re-
pealed.

§ 12. This act shall take effect immediatelj.

Ctiap. 23.

AN ACT to amend section forty-six of chapter one hundred and
Ave of the laws of eighteen hundred and ninety-one, entitled
"An act to revise the charter of the city of Buffalo/' in rela-
tion to eligibility to the office of city treasurer.

Accepted by the city.

became a law, February 13, 1902, with the approval of the Governor.

Passed, three-fifths being present

The Peoph of the State of Neuo Torky represented in Senate and
A8semblyj do enact a8 follows:

Section 1. Section forty-six of chapter one hundred and five of S^^Si
the laws of eighteen hundred and ninety-one, entitled *'An act to
revise the charter of the city of Buffalo," is hereby amended to
read as follows:

§ 46. No person shall be eligible to any city office unless he be
an elector of the city, except as hereafter expresely provided.
Treasurers shall be ineligible for reelection for the next term
after the termination of their offices.

§ 2. This act shall take effect immediately.

LAWS OF NEW YORK.

,[Chap.

Aet
repealed.

AN ACT to ropeal chapter six hundred and nineteen of the laws
of eighteen hundred and eighty-one, entitled "An aet to pro-
vide for the improvement of the Salmon river, and a branch of
the same known as the Mad river, in the counties of Oswego,
Lewis and Jefferson and to make an appropriation therefor."

Became a law, February 14, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The People of the State of New York, represented in Senate and
Assembly, do enact 08 follows:

Section 1. Chapter six hundred and nineteen of the laws of
eighteen hundred and eighty-one, entitled "An act to provide
for the improvement of the Salmon river and a branch of the
same known as Mad river, in the counties of Oswego, Lewis and
Jefferson and to make appropriation therefor" is hereby
repealed.

§ 2. This act shall take effect immediately.

Ant
amended.

Ctiap. 25.

AN ACT to amend chapter one hundred and seventeen of the
laws of eighteen hundred and eighty-three entitled "An act to
amend, consolidate and revise the charter of the village of
Peekskill, and the several acts amendatory thereof," relative
to village taxes.

Became a law, Fobru«Try 18, 1902, with the approval of the Governor.

rassed, three-fifths being present

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

Section 1. Section two of chapter one hundred and seventeen
of the laws of eighteen hundred and eighty-three, entitled "An
act to amend, consolidate and revise the charter of the village
of Peekskill, and the several acts amendatory thereof," as
amended by chapter one hundred and eighty of the laws of
eighteen hundred and eighty eight and chapter four hundred and
eighty-five of the laws of eighteen hundred and ninety-seven, is
hereby amended to read as follows:

25.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 29

§ 2. The board of trustees are authorized and empowered to SSS2«S!
raise money by tax, in the manner as herein provided, to pay all 5^ °'^
contingent and actual expenses of the corporation, and also to
carry into effect the several povv^ers and privileges granted by
this act; but no such tax, except the tax for street expenses
and damages occasioned or assessed by or for laying out or open-
ing streets, alleys or highways, or altering or widening the same,
or the expenses incurred in proceedings to lay out or open streets,
alleys or highways, and except also all sewer expenses, shall be
levied or collected until the same shall have been authorized
by a vote of the taxable inhabitants of the corporation, at their
annual election of officers, or at a meeting called by the board
of trustees, for the purpose of authorizing the assessment and
collection of taxes. Before any tax for contingent or stated
expense of the corporation can be voted for at any such meeting
a notice must be published, by order of the board of trustees J^'SJJSJJJ^
and signed by the president and clerk, for at least two weeks
before such meeting, in all the newspapers published weekly
in said village, stating that the meeting will be called upon to
vote fop a contingent or stated tax, specifying the object or
objects, stating the sum proposed to be raised for each object,
and an estimate by items of the cost of each proposed object,
and submitting one or more resolutions substantially in the fol- SSliI*

lowing form: " Resolved, That the sum of dollars be

raised by tax for the purpose of " (stating concisely the purpose
of raising the proposed tax); if more than one resolution be pro-
posed, they shall be numbered. The vote thereon shall be taken
by ballot, which shall have in the inside the words, "For the
resolution" or "Against the resolution," and deposited in a sepa-
rate box, to be labeled "Village tax"; and when more than one
resolution is submitted, the vote shall have the words "For the
first resolution" or "Against the first resolution," and so as to
each resolution submitted. No contingent or stated expense,
except the expense denominated street expenses, and the dam-
ages occasioned or assessed by or for laying out, opening or
widening streets, alleys or highways, and the expenses attending
the same, and any sewer expense and except also any sum re-
quired to be raised by law, or which is made by law a charge
against said village, which is not thus presented and voted upon,
shall be collected; and no item thus voted, or any part thereof,

30 LAWS OP NEW YORK. [Chap.

shall be used for any other purpose than the specific purpose for
which it was voted, and anj surplus thereof unexpended for that
specific purpose shall be and remain in the treasury, and be
accounted for and reported by the board of trustees; but its
purpose and object may be changed to any other object by a
subsequent reeolution of another meeting, submitted by the
board of trustees, and adopted, after due notice, in the same
manner as herein provided for the resolution directing such tax,
when such change can be made without violating a contract.
The vote on such resolution shall be taken by ballot, having on
raxea. the iuside the words, "For the resolution," or "Against the reso-

amoant of, ' 70

lution"; but the amount of taxes to be raised by the board of
trustees in any one year over and above what are herein denomi-
nated street expenses, and what are required for opening new
streets or alleys, extending or widening streets, and for sewer-
age expense and to pay bonded indebtedness, or fixed charges,
shall not exceed twenty-five thousand dollars.
§ 2. This act shall take effect immediately.

t(> be

diap. 26,

AN ACT to amend the insanity law, relating to the management
of state hospitals, abolishing the boards of managers and
creating boards of visitation, therefor, and extending the
powers and duties of the state commission in lunacy.

Became a law, February 18, 1902, with the approval of the Qovernor.

Passed, three-fifths being present.

The People of ihe State of New Torky represented in Senate and
AssemUi/y do enact a^ follows:

Act ^ ^ Section 1. Article one of chapter five hundred and forty-five
of the laws of eighteen hundred and ninety-six, entitled "An
act in relation to the insane, constituting chapter twenty-eight
of the general laws," is hereby amended by inserting therein a
new section to be known as section six-a and to read as follows:
§ 6-a. General powers as to state hospitals. — ^The eommission
shall :

1. Have the general management, direction and control of the
state hospitals, and of all the property and concerns thereof,
and shall see that their design is carried into effect according
to law and the rules and regulations adopted therefor.

26.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 31

2. Establish and modify rules and regulations regulating the
appointment and duties of officers and employees of each of the
state hospitals and the internal discipline and management
thereof; but until new rules and regulations are established,
the by-laws, rules and regulations established by the boards of
managers shall continue in force. Such rules and regulations
shall not conflict with the rules of the state civil service com-
mission in relation to officers and employees of the state hos-
pitals. Such rules and regulations, or any modifications thereof,
shall take effect when approved by the governor.

3. Maintain an effective supervision and inspection of each of
the state hospitals.

4. Acquire and hold in the name of and for the people of the
state of New York, by grant, gift, devise or bequest, property
to be applied to the maintenance of insane persons in and for
the general use of a hospital. Any grant, gift, devise or bequest
heretofore made for such purpose to the managers of a state
hospital, shall be administered by the state commission in
lunacy, in accordance with the terms thereof.

5. Transfer, if it deems advisable and subject to the approval
of the governor, any of the powers and duties of the superin-
tendent to another officer to be appointed by it. Such officer
shall be deemed a resident officer of the hospital for which he
is appointed.

§ 2. Section nine of such chapter as amended by chapter three
hundred and eighty of the laws of nineteen hundred is hereby
amended to read as follows:

§ 9. Annual report. — ^The commission shall, annually, report
to the legislature its acts and proceedings for the year ending
September thirtieth last preceding, with such facta in regard
to the management of the institutions for the insane as it may
deem necessary for the information of the legislature, includ-
ing estimates of the amounts required for the use of the state
hospitals and the reasons therefor; and also the annual reports
made to the commission by the superintendent of each state
hospital and by the state charities aid association. The com-
mission shall determine from time to time the capacity of each
of the state hospitals and shall incorporate a statement of such
capacity in its annual report to the legislature.

32 LAWS OF NEW YORK. [Chap.

§ 3. Section ten of such chapter as amended by chapter six
hundred and thirty-four of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 10. State hospital districts; how defined.— The state com-
mission in lunacy shall divide the state into as many state hos-
pital districts as there are state hospitals. No county shall be
divided in such classification, unless more than one of the exist-
ing state hospitals be situated within such county. Whenever
the commission shall deem it necessary to more conveniently
care for the insane in the various hospitals, it may change the
limits of such hospital districts. When a new state hospital
shall be established they shall again divide the state
into hospital districts. Such hospital districts shall be
so defined that the number of patients in each dis-
trict shall be in proportion, as nearly as practicable,
to the accommodations which are or may be provided
by the state hospital or hospitals within such district.
The hospital districts in which the Long Island state hospital
and the Manhattan state hospital are located may be subdivided
to provide for the commitment of patients to each of the parts
of such hospitals, established by section thirty-six of this
chapter.

§ 4. Section eleven of such chapter is hereby amended to read
as follows :

§ 11. Change of hospital districts and reassignment of patients. —
When a change or re-establishment of state hospital dis-
tricts shall be made, or a new state hospital district created,
the commission shall make a report thereof, designating the
counties included within each district affected thereby, and file
the same with the secretary of state, and send a copy to the
superintendent of each state hospital, and to each judge of a
court of record, each county superintendent of the poor, and
each county clerk in the state, to be filed in his office.

§ 5. Section fifteen of such chapter, as amended by chapter
three hundred and eighty of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 15. Commission to provide for the prospective wants of the
insane. — The commission shall provide sufficient accommoda-
tions for the prospective wants of the poor and indigent insane
of the state. To prevent overcrowding in the state hospitals,

26.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 83

it shall recommend to the legislature the establishment of other
state hospitals, in such parts of the state as in their judgment
will best meet the requirements of such insane. It shall also
furnish to the legislature in each year, an estimate of the prob-
able number of patients who will become inmates of the respec-
tive state hospitals during the year beginning October first next
ensuing, and the cost of all the additional buildings and equip-
ments, if any, which will be required to carry out the provisions
of this chapter relating to the care, custody and treatment of
the poor and indigent insane of the state. No money shall be
expended for the erection of additional buildings, or for un-
usual repairs or improvements of state hospitals, except upon
plans and specifications to be approved by the commission and
the governor. The cost of such buildings as are to be occupied
by patients erected on the grounds of existing state hospitals,
including the necessary equipment for heating, lighting, venti-
lating, fixtures and furniture, shall in no case exceed the
proportion of four hundred and fifty dollars per capita
for the patients to be accommodated therein. No munic-
ipality of the state shall have the power to modify
or change plans or specifications for the erection, repair
or improvement of state hospital buildings or the plumbing or
sewerage connected therewith. The commission may secure
a blanket policy of insurance covering any or all of the build-
ings, property or fixtures of the state hospitals.

§ 6. Section thirty-one of such chapter is hereby amended to
read as follows:

§ 31. Abolition of boards of onanagers; creation of boards of
visitation. — The boards of managers of the several state
hospitals shall be abolished on the first day of April, nine-
teen hundred and two, and their powers and duties conferred
upon the state commission in lunacy, unless otherwise provided
by law. There shall be a board of visitation for each state
hospital, to consist of five members to be appointed by the
governor. All of such members shall reside within the hospital
district of the hospital for which they are appointed. The
members of each board of visitation first appointed hereunder
shall be apx)ointed for such terms that the term of office of one
member shall expire each year, and annually thereafter

34 LAWS OF NEW YORK. [0

one member shall be appointed for a full term of five years.
If a vacancy shall occur otherwise than by expiration of term,
the appointment of a member to fill such vacancy shall be for
the unexpired term of his predecesfior. No person shall be
eligible as a member of any such board who is an elective state
officer, or a member of the legislature, and if any such member
shall become such elective state officer, or a member of the legis-
lature, his office as a member of such board shall become vacant.
A member of a board of visitation may be removed at the
pleasure of the governor. The members of the boards of visita-
tion first appointed hereunder shall be appointed by the governor
on or before April fifteenth, nineteen hundred and two.

§ 7. Section thirty-two of such chapter, as amended by chap-
ter four hundred and eighty-one of the laws of eighteen hun-
dred and ninety-nine, is hereby amended to read as follows:

§ 32. Powers a^d duties of boards of visitation. — Each of such
boards of visitation shall elect from its members a presi-
dent and a secretary. The president shall preside at all
meetings, and the secretary shall enter the minutes of such
meetings in a book to be provided for that purpose. Each of
such boards shall, by a majority of its members, visit and
inspect each hospital for which it is appointed at least monthly,
and as a board, or by any of its members, when directed by the
governor. Such board shall make a written report in duplicate
to the governor and to the commission in lunacy within ten
days after each visitation, to be signed by each member making
such visitation. Such report shall state in detail the condition
of the hospital visited and of its inmates, and such other mat-
ters pertaining to the management and affairs thereof as in
the opinion of the board should be brought to the attention
of the governor, or the commission in lunacy, and may
contain recommendations as to needed improvements in the
hospital or its management. The resident officers shall admit
such board, or the members thereof, into every part of
the hospital and its buildings, and exhibit to them, upon
demand, all the property, supplies, books, papers, accounts and
writings belonging to the hospital, or pertaining to its business,
management, discipline or government, and furnish copies,
abstracts and reports whenever required by them.

26.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 85

§ 8. Section thirty-three of such chapter, as amended by chap-
ter three hundred and eighty of the laws of nineteen hundred
is hereby amended to read as follows:

§ 33. Expenses of boards of visitation. — The members of a board
of visitation shall not receive any compensation for their
services, but shall receive their actual necessary traveling and
other expenses to be paid by the state treasurer, on the war-
rant of the comptroller, out of any moneys appropriated there-
for.

§ 9. Section thirty-four of such chapter, as amended by chap-
ter six hundred and seventy-six of the laws of nineteen hundred,
is hereby amended to read as follows:

§ 34. Officers. — ^The commission in lunacy, pursuant to the civil
service law and the rules and regulations of the state civil
service commission, shall appoint for each hospital, as often
as vacancies occur therein, a superintendent and a steward.
The superintendent shall be a well-educated physician and
a graduate of an incorporated medical college, of at least
five years' actual experience in an institution for the care
and treatment of the insane. The superintendents and all
assistant physicians of homeopathic hospitals for the insane
shall be homeopathic physicians, but such homeopathic physi-
cians shall not be eligible to appointment in or transfer to state
hospitals that are not for homeopathic treatment. Each superin-
tendent shall be the treasurer of the state hospital for which he
is appointed, and before entering upon his duties as such treas-
urer shall file with the comptroller of the state his undertaking
to the people in an amount and with sureties to be approved by
the state comptroller, to the effect that he will faithfully per-
form his trust as such treasurer. The superintendent or steward
may be removed by a vote of a majority of the commission for
cause stated in writing, and after an opportunity has been given
him, to be heard, and such action shall be final. Such commis-
sion may issue subpoenas and take and hear testimony in respect
to charges made against either of such officers. A witness at-
tending before such commission shall be entitled to the same
fees as a witness attending before a court of record, or a judge
thereof, which shall be paid as other hospital charges. Except as
otherwise provided in this section, superintendents and assistant
physicians may, with the approval of the governor, be transferred

36 LAWS OF NEW YORK. [Chap.

by the commission from one state hospital to another. On the
first day of April, nineteen handred and two, the office of treas-
urer in each of the str.te hospitals shall be abolished, and their
powers and duties shall be conferred upon the superintendent.
A superintendent or a steward in office on such date shall be
continued in office until removed pursuant to law, notwithstand-
ing the change hereby made in the manner of his appointment.

§ 10. Section thirty-five of such chapter is hereby amended to
read as follow^:

§ 35. General powers and duties of superintendent. — The superin-
tendent of each hospital shall be its chief executive offi-
cer, and in his absence or sickness, the first assistant physi-
cian or other officer designated by the superintendent shall per-
form the duties and be subject to the responsibilities of the
superintendent. Subject to the by-laws and regulations estab-
lished by the commission the superintendent shall have the gen-
eral superintendence of the buildings, grounds and farm, to-
gether with their furniture, fixtures and stock, and the direction
and control of all persons therein, and subject to such by-laws
and regulations shall:

1. Personally maintain an effective supervision and inspection
of all parts of the hospital and generally direct the care and
treatment of the patients. To this end the superintendent shall
personally examine the condition of each patient, within five
days after his admission to the hospital, and shall regularly
visit all of the wards or apartments for patients at such times
as the rules and regulations of the hospital shall prescribe.

2. Appoint such resident officers, except the steward, includ-
ing a woman physician, and such employees as he may think
proper and necessary for the economical and efficient perform-
ance of the business of the hospital and prescribe their duties
and, for cause stated in writing, after an opportunity to be heard,
discharge any of such employees in his discretion. The num-
ber of such resident officers and employees shall be determined
by the commission. The commission may, with the approval of
the governor, abolish the office of any of such resident officers
or emploj^ees. The superintendent may with the approval of the
commission, remove any resident officer, except the steward,
for cause stated in writing, after an opportunity to be heard,
and such action shall be final. Upon any such removal

l>o.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 37

he shall make a record thereof, with the reasons therefor,
under the appropriate head in one of the books ot
the hospital. The superintendent, assistant physicians, in-
cluding the woman physician, steward and matron shall con-
stantly reside in the hospital, or on the premises, and shall be
designated the resident officers of the hospital. The assistant
physicians, including the woman physician, shall be graduates
of an incorporated medical college, and shall possess such other
qualifications as may be required by law.

3. Transmit, by mail, to the commission in lunacy, within five
days after any such discharge, information of such discharge,
and of the cause thereof. The commission shall preserve the
name of such officer, or employee, with the facts relating to his
discharge, in a book provided for that purpose.

4. Designate hospital attendants or employees to act as special
policemen, whose duty it shall be, under the orders of the super-
intendent, to arrest and return to the hospital insane persons
who may escape therefrom, and to preserve peace and good
order in such hospital and to fully protect the grounds, build-
ings and patients. Such attendants and employees, acting as
policemen, shall possess all the powers of peace officers on the
grounds and premises of such hospitals and to the extent of
one hundred yards beyond such grounds. The designation of
such attendants and employees as special policemen, in pur-
suance hereof, shall not be deemed to supersede, on the grounds
and premises of such hospital, the authority of peace officers of
the jurisdiction within which such hospital is located.

5. Oive such orders and instructions as he may deem best
calculated to insure good conduct, fidelity and economy in every
department of labor and expense.

6. Maintain salutary discipline among all who are employed
in the institution and enforce strict compliance with his instruc-
( ions and uniform obedience to all rules and regulations of the
hospital.

7. Establish and supervise a training school for attendants
and nurses, under rules and regulations of the hospital.

8. Cause full and fair accounts and records of all his doings
and of the entire business and operations of the hospital, to be
kept regularly, from day to day, in books provided for that
purpose.

38 LAWS OF NEW YORK. [Chap.

9. See that all such accounts and records are fully made up
to the last day of September in each year, and that the principal
facts and results, with his report thereon, be presented to the
commission within thirty days thereafter. The commission may
prescribe the foriti of and the subjects to be embraced in such
reports. Such superintendent shall make other reports at such
times, in such manner and in respect to such matters as the com-
mission may direct.

10. Keep a book, in which he shall cause to be entered at the
time of reception of any patient, his njime, residence and occupa-
tion, and the date of such reception, by whom brought and by
what authority and on whose petition committed, and an
abstract of all orders, warrants, requests, petitions, certificates
and other papers accompanying such person,

§ 11. Section thirty-six of such chapter as amended by chap-
ter six hundred and thirty-four, of the laws of nineteen hundred,
is hereby amended to read as follows:

§ 36. Special provisions relating to Long Island state hospital
and Manhattan state hospital. — ^The Long Island state hospital
is divided into two parts: The part located at Kings Park shall
be known as "Long Island state hospital at Kings Park;" the
part located at Flatbush in the borough of Brooklyn, city of
New York, shall be known as " Long Island state hospital at
Flatbush". Manhattan state hospital is divided into three
parts: The part located on Ward's Island known as the men's
department shall be known as " Manhattan state hospital
east;" the part located on Ward's Island known as the women's
department shall be known as "Manhattan state hospital west;"
the part located at Central Islip as " Manhattan state hospital
at Central Islip". After the tenth day of April, nineteen hun-
dred and two, there shall be one superintendent and one steward
of the two parts of the Manhattan state hospital located on
Ward's Island, whose powers and duties, subject to the provisions
of this chapter shall extend over both parts of such hospital
located upon said island. The commission shall designate one
of the sui)erintendents and one of the stewards of one of such
parts, in office on April first, nineteen hundred and two, to act as
superintendent and steward for both such parts, and upon such
designation, the terras of office of the superintendent and steward
of the other part of such hospital upon said island, shall cease

26.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 39

and determine. Each part of each of such hospitals shall, except
as otherwise provided in this section, be deemed a state hospital
and all the provisions of this chapter relating to the manage-
ment, maintenance and control of state hospitals and the appoint-
ment of resident officers, attendants and employees therein shall
apply to each such part, except that but one board of visitation
shall be appointed for the Manhattan state hospital, and but one
board of visitation for the Long Island state hospital.
Patients shall be committed to and received at each part of
Long Island state hospital and Manhattan state hospital in ac-
cordance with rules to be established by the state commission in
lunacy. The commission may also adopt rules regulating the
transfer of such patients from one part to another of such
hospitals.

§ 12. Section thirty-seven of such chapter, as amended by
chapters three hundred and eighty and six hundred and thirty-
four of the laws of nineteen hundred, is hereby amended to
read as follows:

§ 37. Meeting of superintendents. — The superintendents or
other officers of the several state hospitals, or any of them,
shall meet, upon the call of the commission, at the office of the
commission at Albany, or at such other place as may be desig-
nated by it, to consult with such commission with reference to
matters relating to the care and maintenance of the state hos-
pitals and particularly with reference to the purchase of supplies
for their use.

§ 13. Section thirty-eight of such chapter, as amended by
chapter three hundred and eighty of the laws of nineteen hun-
dred, is hereby amended to read as follows:

§ 38. Salaries of officers and wages of employees. — The com-
mission, from time to time, with the approval in writing of the
governor, secretary of state and comptroller, shall fix the an-
nual salaries of the resident officers of the state hospitalSi
which shall be uniform for like service. They shall classify the
other officers and employees into grades, and determine the
salaries and wages to be paid in each grade, which shall be
uniform in all the hospitals. The salaries and wages shall be
included in the estimates and paid in the same manner as other
expenses of the state hospitals. Food supplies shall be
allowed to officers and employees and the families of

40 LAWS OF NEW YORK, [Chap.

the superintendents, first assistant physicians and stewards.
Food supplies shall continue to be allowed the families
of the assistant physicians residing at the hospitals on
January first, eighteen hundred and ninety-six. Such families
shall consist only of the wives and minor children of such offi-
cers; no other persons, except those regularly employed, shall be
allowed rooms and maintenance, except at a rate to be fixed
by the commission; such supplies shall be drawn from the sup-
plies provided for general hospital use. With the approval of
the commission, officers or employees of state hospitals may
be permitted to live outside of such hospitals, and shall receive
such sums in lieu of the quarters or supplies furnished by the
hospitals, as may be equitable.

§ 14. Section thirty-nine of such chapter, as amended by
chapter three hundred and eighty of the laws of nineteen hun-
dred, is hereby amended to read as follows :

§ 39. Monthly estimate of expenses; contingent fund. — The super-
intendent of each of the state hospitals shall at least once
in each two months as the commission may determine cause to
be prepared triplicate estimates in minute detail, of the expenses
required for the hospital of which he is the superintendent, for
the ensuing two months. He shall submit two of such tripli-
cates to the commission and file the third copy in the office of
the superintendent. The commission may revise estimates for
supplies or other expenditures either as to quantity, quality, or
the estimated cost thereof, and shall certify that it has carefully
examined the same and that the articles contained in such esti-
mate, as approved or revised by it, are actually required for
the use of the hospital, and shall thereupon present such estimate
and certificate to the comptroller. Upon the revision and ap-
proval of such estimate by the commission, the comp-
troller shall authorize the superintendent as treasurer to make
drafts on the comptroller, as the money may be required for
the purposes mentioned in such estimates, which drafts shall be
paid on the warrant of the comptroller out of the funds in the
treasury of the state held for the care of the insane and the
maintenance of state hospitals. In every such estimate, there
shall be a sum named, not to exceed one thousand dollars, as
an emergency fund for which no minute detailed statement
need be made. No money shall be expended for the use of any

I'G.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 41

of the state hospitals, except as provided in this section. Libra-
ries may be furnished to any state hospital by the regents of the
university of the state of New York, subject to regulations
adopted by them and the commission, the expense of which
shall be included in the bi-monthly estimates of the hospital.
Any general expense necessarily incurred by the commission
for or on account of the state hospitals shall be apportioned to
such hospitals on the basis of the number of patients, and in-
cluded in the estimates of such hospitals made as provided in
this section under the direction of the commission.

§ 15. Section forty of such chapter, as amended by chapter
three hundred and eighty of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 40. Powers and duties of superintendent as treasurer. —
The superintendent as treasurer of each hospital shall, subject
to the rules and regulations of the commission:

1. Have the custody of all moneys received from the comp-
troller on account of estimates made by the superintendent and
revised and approved by the commission and keep an accurate
account thereof.

2. Have the custody of all bonds, notes, mortgages and other
securities and obligations belonging to the hospital.

3. Receive all money for the care and treatment of private
ptitients and other sources of revenue of the hospital.

4. Deposit all such money in a bank designated by the comp-
troller conveniently near the hospital, in his name as treasurer,
and send each month to the comptroller and to the commission
a statement, showing the amount so received and deposited
and from whom and for what received, and when such deposits
were made. Such statement of deposit shall be certified by the
proper officer of the bank receiving such deposit. The superin-
tendent as treasurer shall make an affidavit to the effect that
the sum so deposited is all the money received by him, from any
source of hospital income up to the time of the last deposit ap-
pearing on such statement. A bank designated by the comp-
troller to receive such deposits shall, before any deposit is made,
execute a bond to the people of the state, in a sum approved by
the comptroller, for the safe keeping of the funds deposited.

5. Pay out the money deposited for the uses of the state hospi-
tal, upon the voucher of the steward.

42 LAWS OF NEW YORK. [Chap.

6. Keep full and accurate accounts of all receipts and pay-
ments, in the manner directed in the by-laws and according to
books and forms prescribed and furnished by the commission.

7. Balance all accounts on his books, annually, on the last day
of September, and make a statement thereof and an abstract of
the receipts and payments of the past year and deliver the same,
within ten days, to the commission.

8. Render an account of the state of the books and the funds
and other property in his custody, whenever required by the
commission.

9. Execute a release and satisfaction of a mortgage, judgment
or other lien or debt in favor of the hospital, when paid.

10. Receive all moneys for or on account of the sale of lands
of the hospital, of which he is the treasurer.

§ 16. Section forty-one of such chapter is hereby amended to
read as follows:

§ 41. Monthly statements of receipts and expenditures; Youchers. —
The superintendent as treasurer of each state hospital shall, on
or before the fifteenth day of each month, make to the comptrol-
ler and to the commission a full and perfect statement of all the
receipts and expenditures, specifying the several items, for the
last preceding calendar month. Such statement shall be verified
by the affidavit of the treasurer attached thereto, in the follow-
ing form:

I, , treasurer of the state

hospital, do solemnly swear that I have deposited in the bank
designated by law for such purpose, all the moneys received
by me on account of the hospital during the last month, and I
do further swear that the foregoing is a true abstract of all
the moneys received and payments made by me or under my
direction as such treasurer during the month ending on the
day of , 18. .

There shall also be attached thereto the affidavit of the
steward, to the effect that the goods and other articles therein
specified were purchased and received by him, or under his
directions, at the hospital; that the goods were purchased at
a fair cash market price and paid for in cash, or on credit, not
exceeding thirty days, and that he, or any person in his behalf,
had no pecuniary or other interest in the articles purchased;
that he received no pecuniary or other benefit therefrom in the

26,] ONE HUNDRED AND TWENTY-FIFTH SESSION. 43

way of commission, percentage, deductions or presents, or in
any other manner whatever, directly or indirectly; that the
articles contained in such bill were received at the hospital;
that they conformed in all respects to the invoiced goods
received and ordered by him, both in quality and quantity.
Such statement shall be accompanied by the voucher showing
the payment of the several items contained in the statement
and the approval thereof by the superintendent, the amount of
such payment and for what the payment was made. Such
approval may be contained on an audit sheet, which shall refer
to each voucher approved by the superintendent, giving the
number of voucher, the name of the claimant and the amount
at which it was approved. Such vouchers shall be examined by
the commission and compared with the estimates made for the
month for which the statement is rendered, and if found correct
shall be indorsed and forwarded by the commission, with the
statement to the comptroller. If any voucher is found objec-
tionable, the comptroller shall indorse his disapproval thereon,
with the reason therefor, and return it to the treasurer, who
shall present it to the superintendent for correction, and when
corrected return it to the comptroller. All such vouchers shall
be filed in the office of the comptroller.

§ 17. Section forty-two of such chapter, as amended by chapter
three hundred and eighty of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 42. Actions to recover moneys due the hospital. — The super-
intendent as treasurer of any state hospital may bring an action
in the name of the hospital, to recover for the use thereof:

1. The amount due upon any note or bond in his hands belong-
ing to the hospital.

2. The amount charged and due, according to the by-laws of
the hodpital, for the support of any patient therein, or for actual
disbursements made in his behalf for necessary clothing and
traveling expenses, and to enforce any liability created by
statute for the care and support of the insane.

3. Upon any cause of action accruing to the hospital.

§ 18. Section forty-three of such chapter is hereby amended
to read as follows:

§ 43. General powers and duties of the steward. — ^The steward,
under the direction of the superintendent, and subject to the

44 LAWS OF NEW YORK. [Chap.

rules and regulations of the commission, shall be accountable
for the careful keeping and economical use of all furniture,
stores and other articles provided for the hospital, and under
the direction of the superintendent, and subject to such rules
and regulations, shall:

1. Make all purchases for the hospital and preserve the
original bills and receipts thereof, and keep full and accurate
accounts of the same.

2. Prepare and keep the pay-rolls of the hospital.

3. Keep the accounts for the support of patients and expenses
incurred in their behalf, and furnish the treasurer statements
thereof as they fall due.

4. Notify the treasurer of the death or discharge of any reim-
bursing or pay patient, within five days after such death or dis-
charge.

§ 19. Section forty-four of such chapter, as amended by chap-
ter three hundred and eighty of the laws of nineteen hundred, is
herebv amended to read as follows :

§ 44. Purchases and contraet8.-^All purchases of supplies
for the use of the hospital shall be made for cash or on credit
or time, not exceeding sixty days; every voucher shall be duly
filled up, and with every abstract of vouchers paid, there shall
be proof on oath that the voucher was properly filled up and
the money paid. No expenditure for supplies or other
purposes shall be made for the benefit of such hospitals, by con-
tract or otherwise, unless in conformity with the provisions
of this act in relation to estimates. No member of the com-
mission or officer of a hospital shall be interested, directly or
indirectly, in the furnishing of material, labor or supplies for
the use of the hospital, nor shall any such officer act as attorney
or counsel for such hospital. Contracts subject to the approval
of the commission shall be entered into jointly, by the stewards
of the state hospitals for such staple articles of supplies, as it
may be found feasible by the commission to purchase for the
use of the hospitals. Such contracts shall not be let except in
conformity with the provisions of this act relating to estimates.
The state hospitals may manufacture such supplies and
materials to be used in any of such hospitals as can be eco-
nomically made therein. All goods for the use of the hospitals
shall be bought, as far as practicable, of manufacturers or their

20.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 45

immediate agents. All contracts, if let, shall, subject to the
provisions of section thirty-nine, relating to estimates, be
awarded to the lowest responsible bidders. A member of the
commission or an officer, or employee of a state hospital shall
not receive a gift or reward for himself or the hospital from
any person, firm or corporation dealing in goods, or supplies
suitable or necessary, for the use of the hospital. All pur-
chases and contracts made and executed in pursuance of law,
prior to April first, nineteen hundred and two, shall thereafter
be given full force and effect, notwithstanding the change in
the management of the state hospitals.

§ 20. Section forty-five of such chapter is hereby amended to
read as follows:

§ 45. Official oath. — Each superintendent and steward of a hos-
pital, before entering upon his duties as such, shall take the con-
stitutional oath of office and file the same in the office of the
secretary of state.

§ 21. Section forty-six of such chapter is hereby amended to
read as follows:

§ 46. Actions against commissioners in lunacy, or officers of state
hospitals. — No civil action shall be brought in any court
against the commission or a commissioner in lunacy, or an
officer of a state hospital, for alleged damages because of any
act done or failure to perform any act, while discharging their
official duties, without leave of a judge of the supreme court,
first had and obtained. Any just claim for damages against
such commission or commissioner, officer or employee for which
the state would be legally or equitably liable, may be paid out
of any moneys appropriated for the care of the insane.

§ 22. Section fifty-one of such chapter, as added by chapter
three hundred and eighty of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 51. Manhattan state hospital; docks, ferryboats and removal
of dead bodies. — ^The commission is hereby authorized to acquire
by purchase or by lease, for the use of the Manhattan
state hospital, in the city of New York, at some point as nearly
opposite Ward's island as may be available, a dock which shall
be suitable for the purpose of a landing and a depot for the
general use of the hospital; also to purchase or lease one or
more suitable steamboats to be used for the conveyance of

46 LAWS OF NEW YORK. [Chap.

patients and supplies to and from such hospital. Until the
state provides a cemetery for the use of the hospital the com-
missioners of public charities of the city of New York shall
continue to remove the dead bodies of insane patients from
Ward's and BlackwelPs islands, and to provide for the burial
of the unclaimed dead as prescribed by law prior to the pass-
age of chapter two of the laws of eighteen hundred and ninety-
six, and also to afford transportation by their steam ferryboats
for such bodies as are claimed by friends at the hospital, such
removal to be made within twenty-four hours after receipt of
notice from the superintendent of the Manhattan state hospital.

§ 23. Section fifty-three of such chapters, as added by chapter
three hundred and eighty of the laws of nineteen hundred, is
hereby amended to read as follows:

§ 53. Erection, repairs and improvements of state hospital build-
ings.— All plans and specifications for the erection, repairs
and improvements of state hospital buildings shall be pre-
pared by the state architect, and he may employ such ex-
perts, engineers and assistants as may be necessary for the
proper conduct of such work, whose compensation shall be fixed
by said architect, with the approval of the commission, and shall
be paid by the treasurer of the hospital where the work is to
be performed, out of any moneys allotted by the commission
for that purpose. Contracts for such erection, repairs and
improvements may be let by the commission, subject to
the approval of the governor and comptroller, for the
whole or any part of the work to be performed, and in
the discretion of the commission such contracts may be sublet.
The comptroller and the commission shall determine to what
extent and for what length of time advertisements are to be in-
serted in newspapers for proposals for the erection, repairs or
improvements of state hospital buildings. A preliminary de-
posit, or certified check drawn upon some legally incorporated
bank in this state, shall in all cases be required as an evidence
of good faith, upon all proposals for buildings, repairs and
improvements, to be deposited with the treasurer of the
hospital for which the work is to be performed, in an
amount to be determined by the state architect. All contracts
for the erection, repairs or improvements to hospitals, shall

20.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 47

contain a clause that the contract shall only be deemed exec-
utory to the extent of the moneys available, and no liability
shall be incurred by the state beyond the moneys available for
the purpose. The commission is directed, to the fullest extent
deemed practicable, to provide additional buildings for the
removal of the insane from the Flatbush department of the
Long Island state hospital.

§ 24. Article two of such chapter is hereby amended by adding
at the end thereof a new section to be section fifty-four
thereof, and to read as follows:

§ 54. Streets and railroads through hospital lands. — ^No public
street or road for railroad or other purposes shall be opened
through the lands of a state hospital, unless the legislature by
special law consents thereto.

§ 25. Section sixty-nine of such chapter as amended by chap-
ter three hundred and eighty of the laws of nineteen hundred is
hereby amended to read as follows:

§ 69. Patients admitted under special agreement. — ^The commis-
sion may authorize the superintendent of a state hospital to ad-
mit thereto, under special agreement, insane patients, who are
residents of the state, other than poor and indigent insane per-
sons, when there is room for such insane therein. But no
patient shall be permitted to occupy more than one room
in any state hospital. Such patients, when so received,
shall be subject to the general rules and regulations of the hos-
pital. The amount agreed upon for the maintenance of such
insane persons in a state hospital, shall be secured by a properly
executed bond, and bills therefor shall be collected monthly.

§ 26. Section seventy-four of such chapter is hereby amended
to read as follows:

§ 74. Discharge of patients. — ^The superintendent of a state
hospital, on filing his w.ritten certificate with the commission
may discharge any patient, except one held upon an order of a
court or judge having criminal jurisdiction in an action or pro-
ceeding arising out of a criminal offense at any time, as follows:

1. A patient who, in his judgment, is recovered.

2. Any patient who is not recovered but whose discharge in
the judgment of the superintendent, will not be detrimental to
the public welfare, or injurious to the patient; provided, how-

i8 LAWS OP NEW YORK. [Chap.

ever, that before making such certificate, the superintendent
shall satisfy himself, by sufficient proof, that friends or rela-
tives of the patient are willing and financially able to receive
and properly care for such patient after h^s discharge. When
the superintendent is unwilling to certify to the discharge of an
Hnrecovered patient upon request, and so certifies in writing,
giving his reasons therefor, any judge of a court of record in the
judicial district in which the hospital is situated may, upon such
certificate and an opportunity of a hearing thereon being ac-
corded the superintendent, and upon such other proofs as may
be produced before him, direct, by order, the discharge of such
patient, upon such security to the people of the state as he
may require, for the good behavior and maintenance of the
patient. The certificate and the proof and the order granted
thereon shall be filed in the clerk's office of the county in which
the hospital is situated, and a certified copy of the order in the
hospital from which the patient is discharged. The superin-
tendent may grant a parole to a patient not exceeding thirty
days, under general conditions prescribed by the. commission.
The commission may, by order, discharge any patient in its
judgment improperly detained in any institution. A poor and
indigent patient discharged by the superintendent, because he
is an idiot, or an epileptic, not insane, or because he is not a
proper case for treatment within the meaning of this chapter,
shall be received and cared for, by the superintendent of the
poor or other authority having similar powers, in the county
from which he was committed. A patient, held upon an order
of a court or judge having criminal jurisdiction, in an action or
proceeding arising from a criminal offense, may be discharged
upon the superintendent's certificate of recovery, approved by
any such court or judge.

§ 27. This act shall take effect April first, nineteen hundred
and two.

27.] ONE HUNDRED AND TWENTY-FlFTtI SESSION. 49

An ACT to amend the agricultural law, in relation to the pre-
vention of disease in fruit trees, and the pest» that infest the
same.

Became a law, February 19, 1902, with the approval of the Governor.

Passed, a majority being present.

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

Section 1. Sections eighty-two and eighty-three of chapter amended,
three hundred and thirty-eight of the laws of eighteen hundred
and ninety-three, entitled "An act in relation to agriculture,
constituting articles one, two, three, four and five of chapter
thirty-three of the general laws," as amended by chapter four
hundred and eighty-two of the laws of eighteen hundred and
ninety-eight, and chapter four hundred and seventeen of the
laws of nineteen hundred and one, are hereby amended to read,
resj)ectively as follows*.

§ 82. The prevention of disease in fruit trees and the extir-
pation of insect pests that infest the same. — No person shall
knowingly or wilfully keep any peach, almond, apricot or nec-
tarine trees affected with the contagious disease known as yel-
lows. Nor shall any person knowingly or wilfully keep any
pJum, cherry or other trees affected with the contagious disease
or fungus known as black knot nor any tree, shrub or plant
infested with or by the San Jos^ scale or other insect pest
dangerously injurious to or destructive of the trees, shrubs or
other plants; every such tree, shrub or plant shall be a public
nuisance, and as such shall be abated and no damage shall be
awarded for entering upon premises upon which there are trees,
shrubs or plants infected with yellows or black knot or infested
with San Jos6 scale, for the purpose of legally inspecting the
same, nor shall any damage be awarded for the destruction by
the commissioner of agriculture, or his duly authorized agents,
or representatives, of such trees, shrubs or plants, or altogether
destroying such tree, if necessary to suppress such disease, if
done in accordance with the provisions of this article, except
as otherwise herein provided. Every person, when he becomes

50 LAWS OP NEW YORK. [Chap.

aware of the existence of such disease or insect pest in any
tree owned by him, shall forthwith report the same to the com-
missioner of agriculture at Albany, New York, and the said
commissioner shall take such action as the law provides. If
in the judgment of said commissioner of agriculture or the per-
son or persons representing him, the trees, shrubs or other
plants so infected, infested or diseased should be destroyed,
then such destruction shall be carried on and completed under
the supervision of the commissioner of agriculture or the per-
son or persons duly appointed by him and authorized so to do,
without unnecessary delay, but the owner of the trees, shrubs
or plants shall be notified immediately upon its being deter-
mined that such trees, shrubs or plants should be destroyed by
a notice in writing signed by said commissioner or the person
or persons representing him, which said notice in writing shall
be delivered in person to the owner of such trees, shrubs or
plants, or left at the usual place of residence of such owner,
or if such owner be not a resident of the town, by leaving such
notice with the person in charge of the premises, trees, shrubs
or plants or in whose possession they may be; such notice shall
contain a brief statement of the facts found to exist whereby
it is deemed necessary to destroy such trees, shrubs or plants,
and shall call attention to the law under which it is proposed
to destroy them, and the owner shall within ten days from the
date upon which such notice shall have been received, remove
and burn all such diseased or infested trees, shrubs or plants.
If, however, in the judgment of the commissioner of agricul-
ture, any trees, shrubs or plants infected with any disease or
infested with dangerously injurious insects can be treated with
sufficient remedies, he may direct such treatment to be carried
out by the owner under the direction of the commissioner's
agent or agents, any person refusing or failing to comply with
the directions of the commissioner of agriculture or his duly
authorized agents in carrying on the work of extirpating dan-
gerously injurious insect pests and fungus or other diseases,
shall be guilty of a misdemeanor. In case of objections to the
findings of the inspector or agent of the commissioner of agri-
culture, an appeal shall be made to the commissioner of agricul-
ture, whose decision shall be final. An appeal must be taken
within three days from service of said notice, and shall act as

27.] ONE HUNDRED AND TWENTT-FIPTH SESSION. 51

a stay of proceedings until it is heard and decided. When the
commissioner of agriculture, or the person or persons appointed
by him, shall determine that any tree or trees, shrubs or other
plants must be treated or destroyed forthwith, he may employ
all necessary assistants for that purpose, and such person or
persons, agent or agents, employee or employees, may enter
upon any or all premises in any city or town necessary for the
purposes of such treatment, removal or destruction.

§ 83. Appointment and duties of the agent of the commis-
sioner of agricalture. — ^When the commissioner of agriculture
knows or has reason to believe that any such contagious disease
exists, or that there is good reason to believe that it exists,
or danger is justly apprehended of its introduction in any town
or city in the state, or that any dangerously injurious insect
pest exists within this state, and has reason to believe that dan-
ger may be justly apprehended from its existence, he shall
forthwith send some competent person and such agent or agents
as he may deem necessary to assist in extirpating said pest or
pests, disease or diseases, and the said commissioner of agri-
culture is hereby authorized and empowered to take such stops
and do whatever may be deemed necessary to so control or
prevent the spread or extirpate said pest or pests, disease or
diseases, and he shall cause an examination to be made at least
once each year, prior to September first, of each and every
nursery or other place where trees, shrubs or plants, commonly
known as nursery stock, are grown for sale, for the purpose
of ascertaining whether the trees, shrubs or plants therein kept
or propagated for sale are infected with any such contagious
disease or diseases or infested with such pest or pests. If after
such examination it is found that the said trees, shrubs or other
plants so examined are free in all respects from any such con-
tagious or infectious disease or diseases, dangerously injurious
pest or pests, the said commissioner or his duly authorized
agent or other person designated to make such examination,
shall thereupon issue to the owner or proprietor of the said
stock thus examined a certificate setting forth the fact that
the stock so examined is apparently free from any
and all such disease or diseases, pest or pests.
Should any nurseryman, agent or dealer or broker send
out or deliver within the state, trees, vines, shrubs, plants,

52 LAWS OF NEW YORK- [C

buds or cuttings commonly known as nursery stock, and which
are subject to the attacks of insects and diseases above pro-
vided for, unless he has in his possession a copy of said cer-
tificate, dated within a year thereof, deface or destroy such
certificate, or wrongfully be in possession of such certificate,
he shall be guilty of a misdemeanor. All nursery stock con*
signed for shipment, or shipped by freight, express or other
means of transportation shall be accompanied by a copy of said
certificate attached to each car, box, bale, bundle or package.
Any person consigning for shipment or shipping nursery stock
as above, without such certificate attached, shall be guilty of
a misdemeanor. All transportation companies within this state
receiving or carrying nursery stock from any point without the
state to any point within the state shall immediately, upon
receiving such consignments, notify the commissioner of agri-
culture of the fact that such consignment is in their possession,
giving the name of the consignor and consignee, and the point
of destination of such consignment. All trees, plants, shrubs,
buds or cuttings, commonly called nursery stock, grown in any
nursery in this state, in which San Jos^ scale has been found
within two years of the date of the dissemination of said nursery
stock or grown in said nursery within one-half a mile of where
said scale was found, and also all nursery stock from outside of
this state, disseminated or planted in this state, after the first
day of July, nineteen hundred and two, must be fumigated with
hydrocyanic ^^as, in such manner as may be directed by the
commissioner of agriculture of this state. Such fumigation
must be done by the grower, consignor or consignee of such
stock before planting, dissemination or reshipment, except such
trees, shrubs, plants, buds or cuttings grown in this stjite as
are planted by the grower or propagator for himself, or such
as from its nature or state of growth would be exempt; in such
cases the said commissioner shall declare such trees, shrubs,
plants, buds or cuttings free from such treatment. All nursery
stock brought into this state from outside of this state must
be accompanied by a certificate from the consignor that it has
been fumigated as aforesaid. Should any such stock arrive
without such certificate, the transportation company delivering
it shall at once notify the said commissioner to that effect. The
consignee shall also at once notify him of that fact, and shall

28.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 53

proceed to fumigate said stock, as directed by the commissioner
of agriculture, without delay. Should any nursery stock pur-
chased within one year be found infested with San Jos6 scale
on the premises of any nurseryman, it shall not be considered
such an infestation as to require the fumigation of other stock
not so purchased. The words " nursery stock '* wherever used
In this article shall apply to and include all trees, shrubs, plants,
buds, willow grown for nursery, baskets, or other commercial
purposes, or cuttings, whether grown in a nursery or elsewhere,
so far as it relates to fumigation. The provisions of this and
the preceding section shall not apply to florists' greenhouse
plants, flowers and cuttings commonly known as greenhouse
stock.
§ 2. This act shall take effect immediately.

AN ACT to amend section seven of chapter three hundred and
sixty of the laws of eighteen hundred and ninety-eight, enti-
tied "An act to amend chapter four hundred and thirteen of
the laws of eighteen hundred and ninety-seven, entitled *An
act relating to state finance, constituting chapter ten of the
general laws, and known as the state finance law/ in refer-
ence to the education fund."

Became a law, February 10, 1002, with the approval of the Governor.

Passed, a majority being present.

The People of the State of New Torky represented in Senate and
AsaemUy, do enact a^ follows:

Section 1. Section seven of chapter three hundred and sixty Act

"^ amended

of the laws of eighteen hundred and ninety-eight entitled "An
act to amend chapter four hundred and thirteen of the laws
of eighteen hundred and ninety -seven, entitled *An act relating
to state finance, constituting chapter ten of the general laws,
and known as the state finance law ' in reference to the educa-
tion fund " is hereby amended to read as follows:

§ 7. Any sums of principal received by the said commissioners
in any county in which a savings bank or trust company is
situated shall be forthwith deposited in some savings bank or

54 LAWS OF NEW YORK. [Chap.

trust company in said county to the credit of said commis-
sioners, and shall there remain until the same is reinvested
in mortgage in conformity with the provisions of this act. In
any county in which there is no savings bank or trust company,
the commissioners may deposit any sums of principal received
by them in an incorporated bank within said county in which
the said commissioners keep their accounts as such; provided,
however, that if such moneys are not reinvested in mortgage
within sixty days, the said commissioners shall cause the same to
be deposited in some savings bank or trust company to their
credit as such commissioners, where the same shall remain until
it can be reinvested in mortgages as provided by this act.
§ 2. This act shall take effect immediately.

AN ACT to make the office of sheriff of Franklin county a
salaried office, in part, and to regulate the management
thereof.

Became a law, February 19, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

SSSS' Section 1. After the expiration of the term of office of the

^^^^^ present sheriff of the county of Franklin, the sheriff of that
county shall receive as compensation for all services hereinafter
enumerated, an annual salary of twelve hundred dollars, and in
addition maintenance for himself and family, as herein provided.
§ 2. Such salary and maintenance shall constitute the whole
compensation which shall be allowed or paid to or received by
said sheriff for all the official services which may be performed
as sheriff in his attendance upon any and all courts of record
held in the county of Franklin, and for all services performed
by him under this act or for the United States of America, the
state of New York, or the county of Franklin, or chargeable
thereto or which he is or shall be required or authorized by law
to perform by virtue of his office as such sheriff; and no com-
pensation, payment or allowance shall be made to him or re-

29.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 55

ceived by liiin for his own use for any such services except the
aforesaid maintenance and salary and the fees specified in sec-
tion ten of this act.

§ 3. All f eeSy emoluments and perquisites which such sheriff bS^Dg^to'
shall charge or receive, or which he is entitled to receive as a
peace officer, or which he shall legally be authorized, required
or entitled to charge or receive for conveying prisoners to state
or other institutions, and for all other services for the United
States of America, or the state of New York, or for the county
of Franklin, for which fees are paid, including the moneys he
may receive for the board, custody or care of United States or
other prisoners, shall belong to the county of Franklin; and it
shall be the duty of said sheriff to exact, collect and receive for
said county the full amount allowed by law of all such moneys,
fees, emoluments and perquisites. This section shall apply to
Chinese persons committed to his custody under the Chinese
exclusion act.

§ 4. Such sheriff shall keep in his office in a proper book or ^J^l^
books to be provided for that purpose, an exact and true ac-
count of all the official services performed by him as sheriff,
and of all fees and moneys, perquisites and emoluments re-
ceived or chargeable by him therefor pursuant to law; such book
or books shall show when and for whom every such service shall
have been performed, its nature, the fees chargeable therefor,
and at all times, during office hours, shall be open to the inspec-
tion of every person.

§ 5. Such sheriff shall transmit to the treasurer of said county SSJSJent*,
within the first five days of each month, a statement duly veri- SiSS»d'i£^

county

fied, of all moneys received by him for fees, perquisites and treasurer,
emoluments for all services rendered by him in his official ca-
pacity as herein provided; the verification of such statement
shall be by affidavit of said sheriff, that said statement is in all
respects full and true as herein required and shall be positive
and not on information and belief, and at the same time said
sheriff shall pay over to the treasurer of the county of Frank-
lin, for the benefit of said county, the whole amount of the
moneys so received by him since making the last preceding
report.

§ 6. Every such sheriff before entering upon the duties of his SSSt*
office, shall execute to the county of Franklin, and file with the

LAWS OF NEW YORK.

[Chap.

Sheriff,
duties oL

Jnnttor,
salary of.

Exi>ense9,
to be a
county
charge.

treasurer of said county, an undertaking to said county, in addi-
tion to any other required by law, in the sum of five thousand
dollars, with two sufficient sureties, to be approved by the
county judge of Franklin county, to the effect that he will faith-
fully perform the duties of his office, and pay over to the treas-
urer of said county, as herein provided, all moneys which shall
come into his hands as herein provided.

§ 7. It shall be the duty of such sheriff to keep and properly
care for the jail and court house of said county; preserve all
property belonging thereto and situate therein, and he shall be
responsible for the custody, maintenance and control of all
prisoners and persons detained in said jail. On the first day of
January of each year the purchasing committee, hereinafter
named, shall take an inventory of all property of every kind
and nature belonging to the county in the possession of the
sheriff, and the said sheriff shall be chargeable therewith, and
at the end of each year the said sheriff shall account for all the
property in the last inventory contained or purchased since the
last inventory was taken, and he shall be liable to pay to the
county of Franklin, the value of any property which shall be
missing and not accounted for, at such time and in such manner
as the said purchasing committee shall direct. The board of
supervisors may provide a janitor for the court house and for
attending to the heating of the same and of the county clerk's
office at a salary not exceeding one dollar per day for each and
every day in the year.

§ 8. The board of supervisors at each annual meeting shall
appoint a committee of three persons who may be members of
such board, which committee shall designate one as chairman,
and which shall be known as the purchasing committee of said
county, and it shall be the duty of the sheriff of said county,
subject to the supervision, control, approval and direction of
such purchasing committee, to purchase and provide all furni-
ture, implements, material, food and supplies of whatever
nature necessary for the custody, care and maintenance of the
sheriff and his family, jailer and turnkey, matron and cook and
of the prisoners and persons detained within said jail, and the
cost of the same and any actual and necessary expenses of the
sheriff in providing the same, shall be a county charge and be
paid by the county, as follows: The sheriff shall keep a cor-

29.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 57

rect and itemized account of such cost and expenses in a book
or books provided for that purpose, at the expense of said
county. Each item of such account shall specify the date at £gSS|
which it was incurred, to whom paid, the place where paid, ^^"^ ^^^^
and for what, and the purposes for which it was paid. The
said sheriff shall also ' obtain a voucher for each item v<moh«M.
incurred by him, so far as practicable, and if any such
item exceeds the sum of ten dollars, it shall be duly
verified as to its correctness, and the payment thereof by the
afiidavit of the person furnishing the same. At the end of each
calendar month or within five days thereafter, the sheriff shall
present to the chairman of such purchasing committee, a writ-
ten, verified statement in detail of all the items so expended
for such month; and the said chairman shall forthwith examine
such statement, and within five days after having examined the
same, attach his certificate thereto, certifying what amount he
finds correct, and authorized by such committee, and thereupon
such chairman shall return to the sheriff said statement with
his said certificate attached thereto. The sheriff shall there-
upon present the same to the county treasurer of Franklin
county, who shall forthwith pay to said sheriff the amount
certified by said chairman to be correct and allowed. The ver-
ification of such statement shall be by the affidavit of the
sheriff, that said statement is in all respects full and true, and
shall be positive, and not on information and belief. In case
any portion of said account of said sheriff is not certified by
said chairman to be correct, the same may be presented by said
sheriff to the board of supervisors of said county for audit, and
the amount therefor may be paid as other county charges.

§ 9. With the approval of the board of supervisors there
may be employed at the jail of said county, for the care,
custody, maintenance and control of the prisoners and persons
detained therein and other necessary services, one officer to be
known as jailer and turnkey whose annual salary shall not Jj/'*'^,
exceed four hundred dollars, a matron whose annual salary
shall not exceed two hundred and eight dollars, and a cook Sg^^
whose annual salary shall not exceed two hundred and eight
dollars, such salaries fo be fixed by the board of supervisors
at each annual session, and each of said persons shall be ap-
pointed by the sheriff and hold office during his pleasure, and

LAWS OP NEW YORK.

[Chap.

able
monthly.

Dttlmrfe-

the said sheriff shall be responsible for all their ofiBeial acts,
SS!r,'S^ and the compensation of the sheriff and said persons shall be
paid monthly by the county of Franklin.

§ 10. In addition to the salary specified in section one, of this
act, the sheriff is authorized and entitled to charge, take and
receive the fees now allowed to sheriffs by law in civil causes
and proceedings, and paid by litigants or individuals as and
for his compensation for services and disbursements rendered
therein, and his liabilities thereunder, and for the services of
the under-sheriff, deputies and other employees of his office in
such cases and proceedings. But this section shall not permit
said sheriff to retain to his own use any moneys paid for the
care and custody and board of Chinese persons held under the
Chinese exclusion law.

§ 11. The said sheriff shall also be allowed and entitled to
receive the necessary and actual disbursements incurred by him
in the discharge of the duties required by this act, for which
the county receives or is entitled to receive, the fees therefor
under this act, which said disbursements shall be audited and
allowed by the purchasing committee and paid monthly by the
county.

§ 12. Any officer referred to in this act who shall receive to
his own use, or for the use of another, any fee, perquisite or
emolument contrary to the provisions of this act, or shall
neglect to account for any such fee, perquisite or emolument
by this act declared to belong to the county of Franklin, shall
'be guilty of a misdemeanor, and be liable to said county in a
civil action for any moneys so received or received for the use
of said county and not accounted for and paid to the treasurer
pursuant to the foregoing requirements.

§ 13. All acts or parts of acts inconsistent herewith are
hereby repealed.

§ 14. This act shall take effect immediately*

Penalty,
for neslect.

30.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 59

Ctiap. 30.

AN ACT to amend article four of the agriculture law, by adding
thereto three sections in relation to the slaughtering, sale and
transportation of calves and veal.

Became a law, February 19, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The People of the State of New Yoi% represented in Senate and
Assembly^ do enact as follows:

Section 1. Article four of chapter three hundred and thirty- i^*ended.
eight of the laws of eighteen hundred and ninety-three, enti-
tled "An act in relation to agriculture, constituting articles
one, two, three, four and five of chapter thirty-three of the
general laws " as amended by chapter four hundred and ninety-
one of the laws of eighteen hundred and ninety-eight, chapter
one hundred and eighteen of the laws of nineteen hundred and
chapter three hundred and twenty-one of the laws of nineteen
hundred and one is hereby amended by adding at the end
thereof three new sections to be numbered respectively sections
seventy-e, seventy-f and seventy-g, to read as follows:

§ 70-e. Slaughtering and selling veal for food. — No person
shall slaughter, for the purpose of selling the same for food,
or expose for sale or sell within this state, or bring or cause
to be brought into any city, town or village within this state
for food any calf or carcass of the same, or any part thereof
except the hide, unless it is in good healthy condition and was
at least four weeks of age at the time of killing. Any person
or persons duly authorized by the commissioner of agriculture,
may examine any calf or veal found within this state offered
or exposed for sale, or kept with intent to sell as food, and if
such calf is under four weeks of age, or the veal is from a calf
killed under four weeks of age, or from a calf in an unhealthy
condition when so killed, he may seize the same and cause it
to be destroyed or disposed of in such manner as to make it
impossible to be thereafter used as food.

§ 70-f. Shipping veal. — On and after the passage of this act it
shall be unlawful for any corporation, partnership, person or
persons to ship to or from any part of this state any carcass
or carcasses of a calf or calves or any part of such carcass ex-

60 LAWS OP NEW YORK. [Chap.

cept the hide, onleBS they shall attach to every carcass or part
thereof so shipped in a conspicuous place a tag, that shall stay
thereon during such transportation, stating the name or names
of the person or persons who raised the calf , the name of the
shipper, the points of shipping and the destination and the age
of the calf.

§ 70-g. KeceiYing veal for shipment by common oairiers. —
On and after the passage of this act, no railroad company, ex-
press company, steamboat company, or other common carrier,
shall carry or receive for transportation any carcass or car-
casses of calves, or any part of the same except the hide, unless
the said carcass or carcasses or parts thereof shall be tagged
as herein provided.

§ 2. This act shall take efFect immediately.

Ctiap. 31.

AN ACT to repeal section one hundred and forf y-slx of the agri-
cultural law.

Became a law, February 10, 1902, with the approval of the Governor.

Fassed, a majority being present

The People of the State of New Torky represented in Senate and
Assemblt/y do enact as follows:

A^^ Section 1. Section one hundred and forty-six of chapter three
hundred and thirty-eight of the laws of eighteen hundred and
ninety-three, entitled "An act in relation to agriculture, consti-
tuting articles one, two, three, four and five of chapter thirty-
three of the general laws," as added by chapter three hundred
and forty-six of the laws of nineteen hundred, and as amended
by chapter two hundred and twenty-four of the laws of nineteen
hundred and one, is hereby repealed.
§ 2. This act shall take effect immediately.

32.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 61

Ctiap. 32^

AN ACT to establish a law library in the sixth judicial district
to be known as " the David L. Pollett memorial library."

Became a law, February 19, 1902, with the approval of the Governor,

Passed, three-fifths being present

The People of the State of New York^ represented in Senate and
Assemhly, do enact as foUotcs:

Section 1. There is hereby established " The David L. Follett SSbShed
memorial library," to be located at Norwich, and which shall
be designated as " The supreme court library at Norwich."

§ 2. The said library shall be under the care and manage- 2?SJS^y u
ment of a board of trustees, which board shall consist of five '°*"***®'
members, who shall be appointed by the governor from among
the members of the Chenango county bar, who shall have
practiced law for at least ten years. Upon the passage of this
act the governor shall appoint one member of said board who J^******
shall serve until the thirty-first day of December nineteen hun- ;S§*2S5S*
dred and six, one member who shall serve until the thirty-first ^
day of December, nineteen hundred and five, one member who
shall servo until the thirty-first day of December, nineteen hun-
dred and four, one member who shall serve until the thirty-
first day of December, nineteen and three and one member who
shall serve until the thirty-first day of December, nineteen
hundred and two. At the expiration of such term the governor
shall appoint successors to said trustees who shall serve for
five years and until their successors have been appointed. The
said board of trustees shall have power to receive, by gift or Trustees,

^ / •/ o power of

devise, any property conveyed for the purpose of a law library
and hold and manage the same and may make rules and regu-
lations for the management and protection of said library and
prescribe penalties for the violation thereof. They may sue for
and recover such penalties and may maintain actions for any
injury to said library or its property. They may procure proper
furniture for said library; hire suitable rooms; provide fuel and
lights, and defray all the incidental expenses of the care and
management of said library, including the proper insurance
thereof. The amounts required therefor shall be paid by the
treasurer of the county of Chenango, upon the certificate of a
resident justice of the supreme court, if there be one, and if

LAWS OF NEW YORK.

[Chap.

Expenses,
to bea
oounty
otuuveu

Lfbrarlan,
term of
ofllce and
salary of.

not upon the certificate of any justice of the snpreme court of
the sixth judicial district, out of the moneys raised in said
county for court expenses, which sums as well as the salary
of , the librarian hereinafter specified, shall be a county charge
upon said county of Chenango. All appropriations made for
said library shall be paid by the treasurer of the state to said
trustees to be by them or by a majority of them disbursed in
the purchase of books for said library and for the necessary
rebinding of the same.

§ 3. The librarian of The David L. Follett memorial library
shall be appointed by said board, and shall hold office during
the pleasure of said board. The salary of said librarian shall
be paid quarterly on the first days of January, April, July and
October in each year and the amount thereof shall be fixed in
the month of October in each year for the following year by said
board, but such salary shall not exceed five hundred dollars in
any year, and the same shall be paid by the treasurer of the
county of Chenango out of the moneys raised in said county
for court expenses upon the certificate of the resident justice
of the supreme court, if there be one; and if not upon the cer-
tificate of any justice of the supreme court in said district.
Said librarian shall be subject to the direction of the said board
and shall be governed by such rules as it shall from time to time
establish and ordain.

§ 4. This act shall take effect immediately.

amended.

Ctiap. 33.

AN ACT to amend chapter four hundred and eighty-eight of

the laws of nineteen hundred, entitled "An act to authorize

the city of Yonkers to equip and maintain additional fire

houses and issue bonds therefor," in relation to the amount

of bonds to be issued therefor.

Accepted by the city.

Became a law, February 19, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The PeopU of tlw State of New York, represented in Senate and
Assemhhj, do enact as foUotcs:

Section 1. Section one of chapter four hundred and eighty-
eight of the laws of nineteen hundred, entitled "An act to

34.] ONE HUNDRED AND TWENTY-FIFTH. SESSION. 63

authorize the city of Yonkers to equip and maintain additional
fire houses and issue bonds therefor/' is hereby amended so as
to read as follows:

§ 1. The common council of the city of Yonkers is authorized ^^™,^
to issue bonds of said city in an amount not exceeding Sf.^fo'^^'^
fifty thousand dollars, to be known as fire department bonds. ""*
Said bonds shall be signed by the mayor and city clerk and
sealed with the city seal, and shall bear interest at a rate not interett.
exceeding four per centum per annum, and shall mature at such
times as the common council shall determine. Said bonds shall ^^^,
be sold at not less than par value, and the proceeds thereof appu^
including all premiums shall be expended under the direction of
the board of fire commissioners in equipping, maintaining
and providing with necessary apparatus fire houses in the
city of Yonkers. The common council is authorized in addi-
tion to all other sums now authorized by law to raise by tax
each year a sum sufficient to pay the interest and principal of
said bonds becoming due during said year.

§ 2. This act shall take effect immediately.

Chap. 34.

AN ACT to legalize and confirm the organization and existence
of onion free school district number four of the town of Green-
burgh, and to legalize and confirm the proceedings of the
board of education and legal voters of such union free school
district, relative to the levy of a tax and the issuance and sale
of certain bonds of said district.

Became a law, February 19, 1002, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. The organization and existence of a union free Prooeed-

" Ingg

school district known as " Union free school district number »e«a»»»«^
four of the town of Greenburgh," in the county of Westchester,
and all proceedings heretofore at any time had by the board of
education and by the legal voters of said district as such union
free school district, or otherwise, are hereby, in all respects,
legalized and confirmed.

64 LAWS OF NEW YORK. [Chap.

§ 2. All the proceedings heretofore had by the board of educa-
tion and by the legal voters of such school district relative to
the purchase of land for a site for a new school building and
to the voting of a tax for such purchase and for the erection
of a school building on said land, as authorized by the vote of
the qualified voters of said district at a meeting thereof called
and held on the sixteenth day of September, nineteen hundred
i^Seand and one, and relative to the issuance and sale of the bonds
JiSiSwd. of said district in the sum of sixty thousand dollars for the
purchase of said land and erection of said building, authorized
at meetings of the board of education thereof, duly called and
held on the fourth day of October, nineteen hundred and one
and on the thirty-first day of October, nineteen hundred and
one respectively, be, and the same are in all respects legalized
and confirmed and the said board of education is hereby author-
ized and empowered to execute and deliver said bonds in accord-
ance with and pursuant to the said proceedings.
§ 3. This act shall take effect immediately.

AN ACT creating a city court in and for the city of Pough-

keepsie. New York.

Accepted by the city.

Became a law, February 20, 1902, with the approval of the Governor.

Passed by a two-thirds vote.

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

Section 1. City court. — An inferior local court of criminal and
civil jurisdiction, to be called and known as the city court of
the city of Poughkeepsie, is hereby created and established in
and for said city, with the jurisdiction and powers hereinafter
provided. The city judge shall be the judge of the court. The
court shall be open for the transaction of business each day in
the year at designated times fixed by the city judge, but upon
Sundays and legal holidays the court shall be open only for the
purposes provided by law.

§ 2. Appointment of city judge et cetera. — ^The city judge of
the city of Poughkeepsie shall be appointed by the mayor. The

35.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 65

term of office of said city judge shall be for four years, and hia
salary shall be the sum of fifteen hundred dollars per annum
to be audited, allowed and paid by the common council; and no
person shall be appointed such city judge, who shall not be an
attorney and counsellor-at-law admitted to practice in the sev-
eral courts of this state, and who shall have practised law for
at least five years, previous to such appointment. Immediately
after the passage of this act, the mayor shall make and file the
appointment of such city judge whose term of office shall con-
tinue until and including the last day of December, nineteen
hundred and five, when the vacancy shall be filled as herein-
before provided. The city court so created shall have, subject
to the limitations of this act, jurisdiction of civil and criminal
actions and proceedings in said city. The mayor of the city
shall have and retain all powers conferred upon him by law. The
appointment of said city judge so made as provided by this act
shall not be revoked. The said city judge shall only be removed
from office as provided by law for removal of justices of the
peace in towns.

§ 3. Punishment for contempts et cetera. — ^The same power
and authority as is conferred upon courts of record as provided
by article second title first of chapter first of the code of civil
procedure for punishment of contempts of courts is hereby con-
ferred upon said city judge; but an appeal may be taken from
an order adjudging a person in contempt in the same manner as
is an appeal from a judgment. Pending the determination of
such appeal the person adjudged in contempt, if imprisoned,
may be admitted to bail by the judge of said city court or of
the county court, or by a justice of the supreme court, in such
an amount, or by an undertaking in such form and terms, and
with such sureties, as shall be approved by such judge or justice.

§ 4. Appointment of clerk et cetera. — ^The city judge is author-
ized and empowered to appoint a clerk, who shall be known as
the " clerk of the city court '^ and whose salary shall be the sum
of seven hundred and fifty dollars per annum, to be audited,
allowed and paid by the common council.

§ 5. Duties of court clerk. — ^The clerk shall have the power to
take informations upon which warrants for the arrest of per-
sons charged with the commissions of a crime may be issued by

said city judge. The clerk shall also have the power to issue

66 LAWS OF NEW YORK. [Chap.

and sign subpoenas, to administer oaths to witnesfies, to make
and sign executions, commitments and certificates of conviction
when authorized by the court, and to certify to, and sign copies
thereof for the execution of any judgments rendered in said
city court. He shall also have the power to make, sign and
certify all returns on appeals taken from said city court, either
civil or criminal; and shall also have the power to appear before
any court of civil or criminal jurisdiction to give evidence in
relation to the records or proceedings of said city court. The
clerk shall have the power to issue and sign summons and pre-
cepts in all cases of which the city court has jurisdiction, but he
shall not issue or sign any warrants or order of arrest in a civil
action, or any warrant of attachment or any requisition in
replevin. All penalties in criminal cases, and all costs in civil
cases shall be paid to the clerk, who shall keep an itemized ac-
count of the same. It shall be the further duty of the said clerk
to pay into the city treasury once in each month all penalties
and costs received by him during the previous month. At the
time of paying such money into the city treasury the clerk shall
also file with the city chamberlain an itemized account thereof,
which shall be filed by said city chamberlain, and known as the
*' monthly report " of the city court. The clerk of the city court
shall give a bond to the city for the faithful performance of his
duties in an amount to be fixed by the common council.

§ G. Rooms and supplies. — The common council of the city
shall provide suitable rooms and properly furnish the same for
holding court therein, provide for furnishing the necessary
blanks, books, statiouery, and other necessary articles for use
of said court; and provide for the payment of all necessary
expenses of said court.

§ 7. Jurisdiction in civil actions and proceedings. — Except as
limited by the next succeeding section, the city court shall have
jurisdiction in the following civil actions and proceedings, to
wit:

1. An action to recover damages upon or for breach of con-
tract, express, or implied, other than a promise to marry, when
the sum claimed does not exceed three hundred dollars.

2. An action to recover damages for personal injury or an
injury to property, where the sum claimed does not exceed three
hundred dollars.

35.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 67

3. An action for a fine or penalty not exceeding three hundred
dollars.

4. An action upon a judgment not exceeding three hundred
dollars, rendered in said court, or in any court of the state of
local jurisdietiony not being a court of record.

5. An action to recover one or more chattels, with or -without
damages, for the taking, withholding or detention thereof,
where the value of the chattels as stated in the affidavit of the
plaintiff does not exceed the sum of three hundred dollars.

6. To render Judgment upon the confession of the defendant
where the amount confessed does not exceed the sum of six hun-
dred dollars.

7. Summary proceeding under title two chapter seventeen of
the code of civil procedure, and the application for the removal
of a person from real property in such proceedings may be made
to the city judge, as is provided in section twenty-two hundred
and thirty-four of the code of civil procedure and the proceedings
before the city judge and in the city court shall be as is pre-
scribed by said title.

8. Any other civil action or proceeding or provisional remedy
of which courts of justices of the peace or a justice of the peace
of towns have jurisdiction, including bastardy cases in which the
city judge shall sit as the court

§ 8. Not to take cognizance of certain actions. — The city court
shall not take cognizance of a civil action in either of the fol*
lowing cases:

1. Where the title to peal property comes in question as lA
prescribed in title three of chapter nineteen of the code of civil
procedure, and when such question arises, the pleadings and
practice shall be the same as are provided by law for courts of
justices of the peace of towns in regard thereto.

2. When the action is to recover damages for false imprison-
ment, libel, slander, criminal conversation, seduction, or ma-
licious prosecution.

3. Where in the matter of accounts, the sum total of all the
accounts of both parties, proved to the satisfaction of the court,
exceeds six hundred dollars.

4. Where the action is brought against an executor or an ad*
ministrator as such, except where the amount of the claim does
not exceed the sum of three hundred dollars, and the claim has

08 LAWS OF NEW YORK, [Chap.

been duly presented to the executor or administrator and re-
jected by him.

§ 9. Processes, practice ct cetera, appeals from judgment et
cetera. — ^The processes and all mandates of the city court, the
service and enforcement thereof, the proceedings thereunder, and
the practice and procedure in said court, and before
the city judge, and the jurisdiction of said court of
persons, and subject matter, shall be the same as in
courts of justices of the peace in towns except as
otherwise provided in this act, and all provisions of law
applicable to justices of the peace in towns and the courts held
by them, and the proceedings had before them, and to their of-
ficial acts, duties and powers, shall apply to the city court and
the judge thereof except as qualified by this act. Appeala may
be taken from judgments of the city court, and all proceedings
before the city judge may be reviewed and transcripts of judg-
ment filed in the office of the clerk of the county of Dutchess; and
the enforcement of such judgments shall be had in the same man-
ner and with like force and effect as in courts of justices of the
peace in towns, except security need not be given to perfect an
appeal, but only to stay execution. When the party or parties
are not entitled to a new trial as is provided for on appeals from
courts of justices of the peace, the county court on such an appeal
from such judgment may, on such an appeal, review the facts,
afilrm, reverse or modify the judgment appealed from, or order
a new trial before the city court or judge, with costs to abide the
event; and for the purpose of determining the jurisdiction of such
city court, except as the same is increased or extended or modi-
fied by this act, the city shall be regarded as a town.

§ 10. Opening and vacating judgments. — The city court in civil
cases shall have power to open and vacate any judgment ren-
dered therein, upon such terms and conditions as it may deem
just within the time limited for an appeal therefrom, and the
city judge may make an order staying, in the meantime, pro-
ceedings upon such judgment until the hearing and decision of
the motion therefor; and upon the service of such order upon the
officer having the mandate for the enforcement thereof shall be
stayed accordingly. Five days' notice in writing of an applica-
tion to open or vacate such judgment must be given by the party
making the same; and such notice shall be served a8 is provided

35.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 69

by law, for serviug notices of appeal from judgment of a justice
of the peace.

§ 11. Clerk's minutes et cetera. — ^AU entries of the clerk's
minutes or copies thereof duly certified by the clerk and with the
seal of the court thereto annexed, shall for any purpose be evi-
dence in all courte of the fitate of the facts therein stated; and in
actions and proceedings for the recovery of fines and penalties
the certificate of the clerk of the city, under the corporate seal
of said city, setting forth any ordinance, by-law, rule, or regula-
tion and certifying the adoption of the same, and the date of such
adoption shall be presumptive evidence, of the existence and
adoption of any such ordinance, by-law, rule or regulation.

§ 12. Costs and fees. — In all civil actions and proceedings
brought in this court the same cos>ts and fees and legal disburse*
ments shall be paid, taxed and recovered, as in actions or pro-
ceedings before justices of the peace in towns. The court shall
demand and receive of the moving party prepayment of all such
fees, unless the party shall file an affidavit in writing, showing
to the satisfaction of the court that the action or proceeding is
begun in good faith and that the applicant is without means to
pay such fees, in which case the judge may, in bis discretion,
issue the proper process without charging for court fees, but
shall in all cases require the applicant to pay in advance the fee
of the officer for serving such process. Such fees shall be paid
to the clerk of the court. All policemen or constables or peace
officer's fe*»s received by the clerk of the city court and all other
costs and fees received by him shall be paid to the city chamber-
lain once in each month, and shall belong to the city; and the
city judge or clerk shall not directly or indirectly receive to his
own u«e any fees or perquisites except his salary. In addition to
such fees and disbursements as may have been paid or incurred
by the prevailing party, he shall be allowed as costs in case he
has appeared by an attorney admitted to practise in courts of
record of this state (and not otherwise), the following sums as
expenses:

1. If a judgment ie rendered for plaintiff upon default or by
confession, to the plaintiff three dollars.

2. If judgment is rendered for plaintiff otherwise than upon
default, or by confession, to the plaintiff, three dodlars and an
additional sum equal to ten per centum of the recovery when the

70 LAWS OF NEW YORK. [Chap.

action 16 brought to recover a sum of money, or ten per centum
of the value of the property as fixed by the judgment, when the
action is brought to recover a chattel, but not in any case to ex-
ceed twenty-five dollars in all.

3. If a judgment of non-suit is rendered for defendant without
trial, to the defendant two dollars.

4. If a judgment is rendered for defendant after trial, except
as specified in the next subdivisioin, to the defendant five dollars;
and the court in its discretion, may allow five dollars additional.

5. If an aflSrmative judgment is rendered for the defendant, to
the defendant the same sum as if he had been a plaintiff.

6. No costs or fees shall be allowed or incurred in an action
brought upon a judgment of this court, unlese such action be
brought more than five years from the recovery of the judgment
Fued on.

§ 13. Jurisdiction of city court and city judge in criminal cases.

1. The city judge in all criminal actions and proceedings and
special proceedings of a criminal nature for and on account of
offences committed or charged to have been committed within
the city shall have all the jurisdiction and authority which a
justice of the peace of a town would have if such offence were
committed or charged to have been committed in a town, includ-
ing bastardy proceedings, in which latter proceeding it shall
not be necessary for the city judge to associate with himself
another magistrate. And the city court shall possess and exer-
cise all the powers conferred upon courts of special sessions, and
shall be subject to the exercise of such powers to all provisions
of law relating to courts of special sessions, and upon conviction
in said court for any misderaetinor of which the court has juris-
diction the same sentence may be imposed as might be imposed
were such conviction had by a court of special sessions.

2. And shall in all criminal proceedings have power and au-
thority to hold courts of special sessions with such jurisdiction
as now is or hereafter may be conferred upon courts of special
sessions.

3. All powers and authority conferred upon the recorder of the
city of Ponghkeepsie by law or a court of special sessions therein
are hereby conferred upon said city judge or the city court
except as otherwise provided in this act, and where by the
provisions of law now existing, exclusive jurisdiction is con-

35.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 71

ferred upon courts of special sessions in said city and the re-
corder, the city court created by this act shall have such ex-
clusive jurisdiction.

§ 14. When complaint shall be withdrawn; costs to be paid. —
When any complaint shall be made before said city judge in any
criminal proceeding and such proceeding shall be withdrawn, the
said complain*ant shall, if the city judge so directs, pay the costs
and fees of the proceeding, and the same may be enforced by
the said city judge in the same manner as provided by statute
in which courts of justices of the peace can enforce and collect
the same.

§ 15. Amount of fees et cetera; deposits of fees; account of
criminal business; dockets to be kept. — ^The clerk of the city
court shall keep an account of all criminal business done by the
city court or judge, which, by law, is now made a charge upon
the county of Dutchess, and at the annual meeting of the board
of supervisors the same shall be audited and ordered paid to the
chamberlain of the city. He shall keep an account of all proceed-
ings of the city court or judge, and in the docket a complete and
accurate record of all processes issued from and returned to said
court; and of all proceedings in every civil or criminal action;
and all proceedings brought therein or before the city court or
judge; and shall enter therein the judgment and decision of said
court or judge. Such docket shall have the same force as evi-
dence in courts of this state as dockets of justices of the peace
in towns.

§ 16. Execution of mandates by private persons. — The city
}udge or the clerk in issuing any mandates or precept, ex-
cept a venire, may at the request of the party, whenever he
deems it expedient so to do, empower, by written authority in-
dorsed upon the mandate or precept, any proper person of full
age, not a party to the action, to serve or otherwise execute ic.
For that purpose the person so empowered has all the power
and authority and is subject to all the obligations and liabilities
of an officer and constable; and his return is evidence in like
manner as a constable's.

§ 17. Acting city judge, designation of, et cetera, compensa-
tion.— In case of sickness, absence from the city, disability or in-
ability to act, of the said city judge, the mayor shall designate in
writing to be filed with the city clerk, an attorney and counsellor-

72 LAWS OF NEW YORK". [Chap.

at-law, residing within the city of Ponghkeepsie who shall only
during such sickness, absence from the city, disability or inability
of the city judge, act in the place and fftead of such city judge;
and all the power and authority conferred upon such city judge as
provided by this act is conferred upon the person so designated
such acting city judge, including jurisdiction in all cases and
proceedings then pending before such city judge except
where actual trial has commenced; and the said acting city
judge shall add in signing all processes and mandates ^^ acting
as city judge." The compensation of such acting city judge
shall be such as the common council shall determine not ex-
ceeding the sum of five dollars for every day actually spent in the
discharge of the duties provided for in this act, to be audited,
allowed and paid by the common council upon the presentation
by such acting city judge of a verified bill of items for his service.
Claims for such services, if any, shall be presented to the com-
mon council monthly. And every case, action or proceeding com-
menced or heard by said acting city judge shall be reported by
said acting city judge to the city judge immediately upon his
resuming the duties of his office; but the acting city judge hav-
ing entered upon the trial of an action or proceeding shall retain
jurisdiction of the same until the final determination thereof.

§ 18. The officers and services of processes, warrants and man-
dates, et cetera. — All peace officers of the county of Dutchess and
police officers of the city of Ponghkeepsie are authorized and
empowered to serve all and any mandates, warrants or processes
issued by the said city judge or city court or acting city
judge and said police officers are empowered with the same
authority as constables of a town for all purposes and such
police and peace officers are not entitled to the fees for services,
which shall belong to the city of Poughkeepsie. It shall be the
duty of the police board to appoint some intelligent and experi-
enced person or persons connected with the police force to attend
the city court, who shall, to such extent as the rules of said city
judge may reasonably require, aid in bringing facts before the
city judge in criminal proceedings pending in said city court.

§ 19. Oaths and acknowledgments by city judge and clerk. —
The said city judge and clerk of the city court shall have the
power to administer oaths and take acknowledgments within the
county of Dutchess.

36.] 0]S^E HUNDRED AND TWENTY-FIB^TH SESSION. 73

§ 20. Abolishing office of justice, et cetera. — ^The justice's
court and the office of justices of the peace and recorder and the
office of constables in said city of Poughkeepsie are hereby
abolished, and shall cease to exist after the passage of this act.

§ 21. Appointment of a new city judge in event of death or
removal. — ^In the event of the death or the removal of said city
judge the mayor shall appoint a city judge aB herein provided,
for the unexpired term.

§ 22. Transfer of cases, et cetera. — Immediately after the
appointment of the city judge as provided in this act the said
recorder and the justices of the peace of the city of Poughkeepsie
are hereby directed to transfer all actions and proceedings before
any or either of them to said city judge and the said city judge
is hereby authorized to continue the same in the same manner
as if originally commenced before him.

§ 23. Bnles. — ^The city judge may make rules not inconsistent
with any laws of this state, to govern the practice and procedure
in the city court, fixing the sum of money required as a pre-
liminary deposit to secure prepayment of fees by parties in civil
actions.

§ 24. All acts and parts of acts inconsistent with the provision
of this act, are hereby repealed.

§ 25. This act shall take effect immediately.

Chap. 36.

AN ACT making an appropriation for paying interest on the

canal debt.

Became a law, February 20, 1002, with the approval of the Goyernor,

Passed, three-fifths being present.

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

Section 1. The sum of two hundred and flfty-flve thousand dol-
lars, or 80 much thereof as may be necessary, is hereby appro-
priated from the canal debt sinking fund' for the payment of
the interest on the canal debt, as the same shall become due
during the fiscal year beginning on the first day of October,
nineteen hundred and two.

§ 2. This act shall take effect immediately.

74 L^iWS OF NEW YORK. [Chap.

Chap. 37.

AN ACT to amend the lien law, by providing for the filing of
liens against funds of the state applicable to a public im-
provement.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New Tork^ represented in Senate and
AssemUy^ do enact as follows:

Section 1. Section five of chapter four hundred and eighteen
of the laws of eighteen hundred and ninety-seven, entitled "An
act in relation to liens, constituting chapter forty-nine of the
general laws," is hereby amended to read as follows:

§ 5. liens under contracts for public improvements. — ^A per-
son performing labor for or furnishing materials to a con-
tractor, his sub-contractor or legal representative, for the con-
struction of a public improvement pursuant to a contract by
such contractor with the state or a municipal corporation, shall
have a lien for the principal and interest of the value or agreed
price of such labor or materials upon the moneys of the state
or of such corporation applicable to the construction of such
improvement, to the extent of the amount due or to become due
on such contract, upon filing a notice of lien as prescribed in
this article.

§ 2. Section twelve of such chapter is hereby amended to read
as follows:

§ 12. Notice of lien on account of public improvements. — At
any time before the construction of a public improvement is
completed and accepted by the state or by the municipal cor-
poration, and within thirty days after such completion and ac-
ceptance, a person performing work for or furnishing materials
to a contractor, his sub-contractor, assignee or legal representa-
tive, may file a notice of lien with the head of the department
or bureau having charge of such construction and with the
comptroller of the state or with the financial officer of the
municipal corporation, or other officer or person charged with
the custody and disbursements of the state or corporate funds
applicable to the contract under which the claim is made. The
notice shall state the name and residence of the lienor, the
name of the contractor or sub-contractor for whom the labor

37.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 75

was performed or materials furnished, the amount claimed to
be due or to become due, the date when due, a description of the
public improvement upon which the labor was performed and
materials expended, the kind of labor performed and materials
furnished and give a general description of the contract pur-
suant to which such public improvement was constructed. If
the name of the contractor or sub-contractor is not known to
the lienor, it may be so stated in the notice, and a failure fo
state correctly the name of the contractor or sub-contractor
shall not affect the validity of the lien. The comptroller of the
state or the financial officer of the municipal corporation or
other officer or person with whom the notice is filed shall enter
the same in a book provided for that purpose, to be called the
" lien book." Such entry shall include the name and residence
of the lienor, the name of the contractor or sub-contractor, the
amount of the lien and date of filing, and a brief designation
of the contract under which the lien arose.

§ 3. Section seventeen of such chapter, as amended by chap-
ter twenty-five of the laws of eighteen hundred and ninety-nine,
is hereby amended to read as follows:

§ 17. Duration of lien under contract for a public improve*
ment. — If the lien is for labor done or materials furnished for
a public improvement, it shall not continue for a longer period
than three months from the time of filing the notice of such
lien, unless an action is commenced to foreclose such lien within
that time, and a notice of the pendency of such action is filed
with the comptroller of the state or the financial officer of the
municipal corporation with whom the notice of such lien was
filed, or unless an order be made by a court of record, continu-
ing such lien, and a new docket be made stating such fact. And
the supreme court of this state, or any justice thereof, or the
county court of the county in which such lien was filed, or the
county judge of such county, are hereby authorized to make an
order continuing any such lien for a period not exceeding six
months, upon the application of a lienor upon such affidavits
or evidence as in the opinion of such court or judge shall be
deemed sufficient. Nothing in this act contained, however, shall
prevent any such court or judge from making a new order con-
tinning such lien in each succeeding six months, if in the dis-
cretion of such court or judge the same shall be deemed just

76 LAWS OF NEW YORK, [Chap.

and equitable. This section as hereby amended, shall apply
to all liens under contract for public improvements, now on file,
in which the time for making application to the court for a con-
tinuance thereof has not expired, when this amendment takes
effect.

§ 4. Section twenty of such chapter, as amended by chapter
one hundred and sixty-nine of the laws of eighteen hundred and
ninety-eight, is hereby amended to read as follows:

§ 20. Discharge of lien for public improYement. — ^A lien against
the amount due or to become due a contractor from the state
or a municipal corporation for the construction of a public
improvement may be discharged as follows:

1. By filing a certificate of the lienor or his successor in in-
terest, duly acknowledged and proved, stating that the lien is
discharged.

2. By lapse of time, when three months have elapsed since
filing the notice of lien, and no action has been commenced to
enforce the lien.

3. By satisfaction of a juderment rendered in an action to en-
force the lien.

4. By the contractor depositing with the comptroller of the
state or the financial officer of the municipal corporation, or the
officer or person with whom the notice of lien is filed, such a
sum of money as is directed by a justice of the supreme court,
which shall not be less than the amount claimed by the lienor,
with interest thereon for the term of one year from the time of
making such deposit, and such additional amount as the justice
deems sufficient to cover all costs and expenses. The amount
so deposited shall remain with the comptroller or such financial
officer or other officer or person until the lien is discharged as
prescribed in subdivision one, two or three of this section.

5. Either before or after the beginning of an action by a con-
tractor executing an undertaking with two or more sufficient
sureties, who shall be freeholders, to the state or the municipal
corporation with which the notice of lien is filed, in such sums
as the court or a judge or justice thereof may direct, not less
than the amount claimed in the notice of lien, conditioned for
the payment of any judgment which may be recovered in an
action to enforce the lien. "The sureties must together justify
in at least double the sum named in the undertaking. A copy

. ;i8.J ONE HUNDRED AND TWENTY-PIFTH SESSION. 77

of the undertaking with notice that the sureties will justify
before the court or a judge or justice thereof at the time and
place therein mentioned must be served upon the lienor, not
less than five days before such time. Upon the approval of the
undertaking by the court, judge or justice, an order shall be
made discharging such lien. The execution of such undertaking
by any fidelity or surety company authorized by the laws of this
state to transact business shall be equivalent to the execution
of such an undertaking by two sureties and such undertaking^
if excepted to, shall justify through its officers or attorney
in the manner required by law of fidelity and surety companies.
Any such undertaking may be executed in such undertaking as
surety by the hand of its officers or attorney duly authorized
thereto by resolution of its board of directors, a certified copy
of which resolution under the seal of such company, shall be
filed with each undertaking. Except as otherwise provided
herein the provisions of article five of title six of chapter eight
of the code of civil procedure are applicable to an undertaking
given for the discharge of a lien on account of public improve*
ments.
§ 6. This act shall take effect immediately.

Chap. 38.

AN ACT to amend the county law, in relation to taxes on dogs

killing or injuring angora goats.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The People of the State of Neto York, represented in Senate and
AssemUy, do enact as follows:

Section 1. Section one hundred and fourteen of chapter six
hundred and eighty-six of the laws of eighteen hundred and
ninety-two entitled "An act in relation to counties, constituting
chapter eighteen of the general laws," as amended by chapter
five hundred and sixty of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 114. Application of proceeds of tax. — ^The collector of each
town shall pay over the taxes so collected to the supervisor of
the town, and the moneys so collected and paid over shall, in

78 LAWS OF NEW YORK. [Chap.

each town, constitute a town fund for paying the damages
arising in such town, from dogs killing or injuring sheep or
angora goats; and such moneys, or the balance thereof, which
shall remain in the hands of the supervisor of any town for
the period of one year, may by a vote of the town board of any
town, be appropriated for the purpose of building and repair-
ing highways and bridges, or for the payment of the contingent
expenses of such town.

§ 2. Section one hundred and seventeen of such chapter is
hereby amended to read as follows:

§ 117. Liability of owners of dogs for injuries. — ^The owner or
possessor of any dog that shall kill or wound any sheep or
lambs or angora goats or kids, shall be liable for the value of
such sheep or lamb, or angora goat or kid, to the owner thereof,
without proving notice to the owner or possessor of such dog, or
knowledge by him that his dog was mischievous or disposed to
kill sheep or angora goats.

§ 3. Section one hundred and eighteen of such chapter is
hereby amended to read as follows:

§ 118. Duties and powers of fence viewers. — ^The owner of
any sheep or lambs, or angora goats or kids, that may be killed
or injured by dogs, may apply to any two fence viewers of the
the town, village or city where such sheep or lambs, or angora
goats or kids were killed or injured, who shall inquire into the
matter, and examine witnesses in relation thereto, and if they
shall be satisfied that the same were killed by dogs, and in no
other way, they shall certify such fact, the number of sheep
or angora goats killed, and the number injured, and the value
of the sheep or angora goats killed or injured immediately
previous to such killing or injury, the value of the sheep or
angora goats after being so killed or injured, together with the
amount of their fees.

§ 4. Section one hundred and twenty-one of such chapter as
amended by chapter one hundred and seventy-one of the laws of
eighteen hundred and ninety-seven, is hereby amended to read
as follows:

§ 121. Tax to pay orders for sheep or angora goats killed. —
Whenever the amount of the orders for damages, given by the
town board to the owners of sheep or angora goafs killed or
injured by dogs, shall exceed the amount of the dog fund in the

38.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 79

hands of the supervisor of such town, the town board may, in its
discretion, add to the accounts of such town, the amount of
such orders then due and unpaid, but the amount so added
shall not exceed the sum of three hundred dollars in any one
year.

§ 5. Section one hundred and twenty-two of such chapter is
hereby amended to read as follows:

§ 122. When owner shall refund. — If, after receiving the
amount of such damages from the supervisor, the owner of the
sheep or angora goats so killed or injured shall receive or re-
cover the value or any part thereof, from the owner or possessor
of the dog or dogs doiirg the damage, he shall repay to the
supervisor the sum so recovered. In case of his refusal or
neglect, the supervisor shall bring an action therefor against
him in the name of the town, which sum, when received, shall
be returned to the dog fund of the town.

§ 6. Section one hundred and twenty-three of such chapter
is hereby amended to read as follows:

§ 123. Dogps chasing sheep or angora goats to be killed. — Any
person may kill any dog wl}ich he shall see wrongfully chasing,
worrying or wounding any sheep or angora goats.

§ 7. Section one hundred and twenty-four of such chapter is
hereby amended to read as follows:

§ 124. Owner to kill dog after notice. — The owner or pos-
sessor of every dog, to whom notice shall be giyen of any injury
done by his dog to any sheep or angora goat, or of his dog hav-
ing chased or worried any sheep or angora goat, shall, within
forty-eight hours after such notice, cause such dog to be killed;
for every neglect so to do, he shall forfeit two dollars and fifty
cents, and the further sum of one dollar and twenty-five cents
for every forty-eight hours thereafter, until his dog shall be
killed, unless it shall satisfactorily appear to the court before
which an action shall be brought for the recovery of the said
penalties, that it was not in the power of such owner or pos-
sessor to kill such dog.

§ 8. Section one hundred and twenty-six of such chapter is
hereby amended to read as follows:

§ 126. Who deemed owner of dog. — Every person in possession
of any dog, or who shall suffer any dog to remain about his house
for the space of twenty days, previous to the assessment of a

80 LAWS OF NEW YORK. [Chap.

tax, or previous to any injury, chasing or worrying of sheep or
angora goats, or any such attack made by a dog, shall be
deemed the owner of the dog for all the purposes of this article.

§ 9. Section one hundred and twenty-seven of such chapter,
as added by chapter six hundred and eighty of the laws of
eighteen hundred and ninety-six, is hereby amended to read as
follows:

§ 127. Penalties, collection and application of. — ^The penalties
imposed by this article for failure to kill dogs as prescribed
therein shall be collected by the supervisor of the town where
they are incurred, upon complaint being made to him of such
failure, in the manner provided by the'town law for the recovery
of penalties given by law to a town for its use. Such penalties
when so collected shall be paid into the town fund provided hf
this article for the payment of damages incurred by dogs killing
sheep or angora goats in such town.

§ 10. This act shall take effect immediately.

Ctiap. 39.

AN ACT to amend the statutory construction law, In relation
to the performance of contracts on public holidays.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. Section twenty-four of chapter six hundred and
seventy-seven of the laws of eighteen hundred and ninety-two,
entitled "An act relating to the construction of statutes, con-
stituting chapter one of the general laws,'' as amended by chap-
ter six hundred and fourteen of the laws of eighteen hundred
and ninety-seven, is hereby amended to read as follows:

§ 24. Public holidays; half holidays. — The term holiday in-
cludes the following days in each year; the first day of January,
known as new year's day; the twelfth day of February, known
as Lincoln's birthday; the twenty-second day of February,
known as Washington's birthday; the thirtieth day of May,
known as memorial day; the fourth day of July, known as inde-
pendence day; the first Monday of September, known as labor
day, and the twenty-fifth day of December, known as Christ-

40.] ONE niTNDRED AND TWENTY-FIFTH SESSION. 81

mas day, and if either of such days is Sunday, the next day
thereafter; each general election day and each day appointed
by the president of the United States or by the governor of
this state as a day of general thanksgiving, general fasting and
prayer, or other general religious observances. The term, half
holiday, includes the period from noon to midnight of each
Saturday which is not a holiday. The days and half days afore-
said shall be considered as the first day of the week, commonly
called Sunday, and as public holidays or half holidays, for all
purposes whatsoever as regards the transaction of business in
the public offices of this state, or counties of this state. On
all other days and half days, excepting Sundays, such offices
shall be kept open for the transaction of business. Where a
contract by its terms requires the payment of money or the
performance of a condition on a public holiday, such payment
may be made or condition performed on the next business day
succeeding such holiday, with the same force and -effect as if
made or performed in accordance with the terms of the con-
tract.
§ 2. This act shall take effect immediately.

Chap. 40.

AN ACT to amend chapter four hundred and seventy-six of the
laws of eighteen hundred and ninety-four, entitled "An act
empowering the northside water commissioners of a fire dis-
trict in a part of the town of Waterford, county of Saratoga,
to contract with electric light companies organized under
the laws of this state, or with any person or persons, for
lighting the streets and public highways in said district and
providing for the payment therefor by assessment, levy and
collection thereof upon the taxable property of such district,"
in relation to report of treasurer.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. Chapter four hundred and seventy-six of the laws ^^

of eighteen hundred and ninety -four, entitled "An act empower-

82 LAWS OP NEW YORK. [Chap

ing the northside water commissioners of a fire district in a
part of the town of Waterford, county of Saratoga, to contract
with electric light companies organized under the laws of this
state, or with any person, or persons^ for lighting the streets
and public highways in said district and providing for the pay-
ment therefor, by assessment, levy and collection thereof upon
the taxable property of such district," is hereby amended by
inserting therein after section five a new section to be numbered
six^ to read as follows:

§ 6. On or before the fifth day of November in each and every
year the treasurer of said northside water commissioners shall
file in the office of the town clerk of the town of Waterford an
itemized statement of all receipts and expenditures, under this
act, for the year ending November first, last preceding.

§ 2. Section six of said chapter four hundred and seventy-six
is hereby renumbered section seven.

§ 3. This act shall take effect immediately.

amended.

Chap. 41.

AN ACT to amend chapter ninety of the laws of nineteen hun-
dred and one, entitled "An act empowering the northside
water commissioners of the town of Waterford, county of
Saratoga, to contract with the water companies for sprink-
ling Saratoga avenue in said district and providing for the
payment therefor " in relation to report of treasurer.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

^^__^.. Section 1. Chapter ninety of the laws of nineteen hundred
and one, entitled "An act empowering the northside water
commissioners of the town of Waterford, county of Sar-
atoga, to contract with water companies for sprinkling Sar-
atoga avenue in said district and providing for the payment
therefor," is hereby amended by inserting therein after section
four a new section to be numbered five, to read as follows:

§ 5. On or before the fifth day of November in each and every
year the treasurer of said northside water commissioners shall

42.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 83

file in the oflQce of the town clerk of the town of Waterford
an itemized statement of all receipts and expenditures, under
this act, for the year ending November first, last preceding.

§ 2. Section five of said chapter ninety is hereby renumbered
section six.

§ 3. This act shall take effect immediately.

AN ACT to amend chapter six hundred and eighty-eight of the
laws of eighteen hundred and ninety-three, entitled ^'An act
empowering the Northside water commissioners of a fire dis*
trict in a part of the town of Waterford, county of Saratoga,
state of New York, to purchase the necessary lands in said
district, and to erect a hose-house or fire building thereon, or
purchase one already erected, to issue bonds for the same
and providing the manner of payment thereof/' in relation to
report of treasurer.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the Staie of New ForJb, represented in Senate and
Assemhlyy do enact as follows:

Section 1. Chapter six hundred and eighty-eight of the laws Act
of eighteen hundred and ninety-three, entitled "An act empow-
ering the northside water commissioners of a fire district in a
part of the town of Waterford, county of Saratoga, state of
New York, to purchase the necessary lands in said district,
and to erect a hose-house or fire building thereon, or purchase
one already erected, to issue bonds for the same and providing
the manner of payment thereof," is hereby amended by inserting
therein after section five a new section to be numbered six, to
read as follows:

§ 6. On or before the fifth day of November in each and every
year the treasurer of said northside water commissioners shall
tile in the office of the town clerk of the town of Waterford an
itemized statement of all receipts and expenditures, under this
act, for the year ending November first last preceding.

2. Section six of said chapter six hundred and eighty-eight Ji
hereby renumbered section seven.

§ 3. This act shall take effect immediately.

84 LAWS OF NEW YORK. [Chap

Clriap. 43.

AN ACT to amend the forest, fish and game law, relative to

fishing in Cassadaga and Bear lakes.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The People of the State of New 7ork, represented in Senate and
Assembly y do enact as follows:

tended. Section 1. Section eighty-two of chapter twenty of the laws
of nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," ae amended by chapter five hundred
and ninet^'^seven of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 82. Fishing in Chautauqua, Cassadaga and Bear lakes. —
Fish of any kind shall not be taken in Chautauqua, Cassadaga
and Bear lakes in Chautauqua county from May first to June
fifteenth, both inclusive, unless by the state for purposes of
propagation. Black bass, yellow bass, rock bass and muscal-
longe shall not be taken from December first to June fifteenth,
both inclusive, except as provided in section eighty-three.

§ 2. Section eighty-three of said chapter twenty, as amended
by chapter six hundred and thirty-eight of the laws of nineteen
hundred, is' hereby amended to read as follows:

§ 83. Chautauqua, Cassadaga and Bear lakes exception. —
Muscallonge and billfish may be taken with spears, using fish
houses and decoys, on Mondays and Thursdays of each week for
five consecutive weeks, beginning on the first Monday of Febru-
ary. No such fish house, decoy or spear shall be upon the ice
or waters of Chautauqua, Cassadaga and Bear lakes, in
Chautauqua county, between the hours of six o'clock at night
and six o'clock in the morning, or on any day except Monday
or Thursday as above provided. Bullheads may be fished for
and taken through the ice with hooks and line or tip-ups, in
Chautauqua, Cassadaga and Bear lakes. All fish houses or
other contrivances for hiding fishermen, shall at all times be
open to the inspection of peace officers or protectors, and unless
in actual transit from the shore to or from a fishing place are
hereby declared to be a public nuisance upon the ice or waters

AL] ONE HUNDRED AND TWENTY-FIFTH SESSION. 85

of Chautauqua, Cassadaga and Bear lakes at all times not
herein allowed. Such nuisance may be summarily abated by
any officer or private person by the destruction thereof.
§ 3. This act shall take effect immediately.

Chap. 44.

AN ACT to authorize the city of Mount Vernon to borrow
money by the issue of bonds, for the purpose of meeting
temporary deficiencies.

Accepted by the city.

Became a law, February 20, 1002, with the approval of the Governor.

Passed, three-fifths being present.

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

Section 1. The common council of the city of Mount Vernon
is hereby authorized and empowered, by resolution of its body,
to issue and sell bonds in the name, in behalf of and upon the uonds.

Issue of,

credit of said city, in an amount not exceeding in the aggregate auuioiixeci.

the sum of one hundred and seventy-five thousand dollars par

value, so far as the same may be determined advisable and

necessary by said common council, for the purpose of paying all

existing claims, lawfully due and owing by said city, and also

for the purpose of supplying and meeting all deficiencies now

existing in the various funds of the treasury of said city, and

to provide sufficient funds to liquidate the necessary expenses

of said city for the current fiscal year; and the proceeds of said -V^JJ^^JJs"

bonds shall be applied by said common council for the objects

and purposes herein stated, and for no other purpose.

§ 2. Said bonds shall be issued in the name and under the E^ScJ SuT
seal of said city, signed by the mayor and comptroller thereof,
and shall be for the sum of one thousand dollars each, with
interest coupons attached. They shall be payable at such time
within forty years from their date, as the said common council
shall determine, with interest payable semi-annually at a rate
not exceeding four per centum per annum; and the principal and ^iJJ^'p*^
interest thereof shall be payable at the office of the city treas- p^'J^*"^
urer of said city. They shall be numbered consecutively from
one to the highest number issued, and be known and designated

86 LAWS OF NEW YORK. [Chap.

as "deficiency bonds", and be in such form as the common
council shall prescribe, and shall contain a recital that they
are issued pursuant to and in conformity with the provisions
of this act, which recital shall be conclusive evidence of their
validity, and of the regularity of their issue; and the comp-
troller of said city shall keep a record in his office of the num-
ber of each bond, its date, amount, rate of interest, when pay-
able, and the name of the purchaser thereof.
ulu<yf § 3. Said common council shall sell and dispose of said bonds,

or any part thereof, at not less than par and accrued interest,
at public auction, or by sealed proposals, after giving at least
ten days notice there of, to be published in the two official news-
papers of said city at least twice, and by such other notice as
the common council shall deem proper to give.
S 4. This act shall take effect immediately.

Chap. 45.

AN ACT authorizing the common council of the city of Auburn,
to complete the paving of East Genesee and Genesee streets,
authorized by chapter five hundred and thirty-nine of the
laws of nineteen hundred and one, and when completed to
borrow money to pay for such improvement, issue the bonds
of said city securing such loan, include the amount thereof,
with interest thereon, in the tax budget, and levy and raise
the same by taxation, as authorized by said chapter five hun-
dred and thirty-nine, had such paving been completed in the
year nineteen hundred and one.

Accepted by the city.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, tliree-fifths being present.

The People of the State of New 7ork, represented in Senate and
Assembly, do enact as follows:

Section 1. The common council of the city of Auburn, shall
upon the completion of the paving of East Genesee and Genesee
streets between Seminary avenue and Court streets, (a contract
for which has been entered into by and between said city of
Anhnrn and the Rnrber asphalt paving company, in accordance
with the provisions of chapter five hundred and thirty-nine of

46.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 87

the laws of nineteen hundred and one) and after determining
the aggregate cost of said improvement, borrow the money to
pay for such improvement and issue the bonds of said city, gjjj^
securing such loan, 'and include the amount of such bonds and
interest thereon, until by their terms they become due and pay-
able, in the tax budget and levy and raise the same by taxation^
as in and by said chapter five hundred and thirty-nine author-
ized had such paving been completed in the year nineteen hun-
dred and one, in manner, form and amount as in and by said
chapter provided, with the same force and effect in all things,
as if said chapter five hundred and thirty-nine had originally
authorized such action upon the completion of said paving, with-
out limitation to the year nineteen hundred and one.
§ 2. This act shall take effect immediately*

Ctiap. 46.

AN ACT authorizing the paving of a portion of South street

in the city Of Auburn, and providing the method and means

of payment therefor.

Accepted by the city.

Became a law, February 20, 1002, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New Tork^ represented in Senate and
Assembly y do enact as follows:

Section 1. At any time within one year after the passage of ^^^^^
this act, a petition may be presented to the common council of p'^^"'^
the city of Auburn by the owners of at least one-half of the
lineal feet frontage of all real property (other than city prop-
erty) fronting and abutting on South street in said city, between
the terminus of the present brick pavement in said street and
the south line of Swift street, asking that that portion of South
street, together with all street intersections be paved with
asphalt, one-half of the total expense thereof to be paid by the J^Jj^jjft
owners of real property (other than 'the city) fronting and
abutting on that portion of said street to be paved, and the
remaining one-half to be paid by the city at large and defrayed
by a general tax. Upon receiving said petition, within the time
herein limited, said common council may cause a survey, map, maTX'bS'

mMle.

88 LA\^'S OF NEW YORK. [Chap.

plans and specifications for paving with asphalt, to be made bj
the city surveyor, which map shall show the number of lineal
feet on South street of all lots and parcels of land fronting and
abutting on that portion of said street proposed to be paved.
Said common council shall, after adopting said map, plans and

ucauoi'^ot. specifications, cause a notice to be published for at least six
days in a daily newspaper published in said city, briefly describ-
ing said improvement and the manner in which it is proposed
to pay therefor; that the map, plans and specifications for the
same are on file in the oflice of the city survej^or where they can
be seen and examined, and requiring all persons interested to
attend the common council, at a time and place therein ap-
pointed, when an opportunity will be given them to be heard in
the premises.' At the time and place appointed the common
council shall hear all persons interested and may thereupon

ikm?S tt make such order or determination, with reference to such pav-

paviDg of

■treeta. ing, as to its mcmbcrs shall seem proper. Such paving, if
ordered, shall include all street intersections and the furnishing,
grading for, setting and resetting, when needed, of the curb on
both sides of said street, and street intersections.

§ 2. If the common council shall determine to pave said street
with asphalt, it shall cause a notice to be published for one
week in a daily newspaper published in said city, and in such
other papers as its members may deem advisable, describing
briefly the paving to be done; that copies of the specifications
and proposals for doing the work can be obtained of the city
surveyor and that sealed proposals to contract therefor will be
received by the mayor, for the time named in said notice. Each

SJciTto sealed proposal shall be accompanied by a certified check, pay-

pi*Spolil"i^ able to the order of the city treasurer, for such amount as the
common council shall designate, to become and be the property
of the city if such proposal be accepted and the person, persons
or corporation making it does not, within ten days after notifi-

exwuifwi cation of its acceptance, enter into and execute a contract to
do such paving in conformity with the specifications and the pro-
posal accepted, and execute and deliver concurrently therewith,
a bond with two or more sureties, to be approved by the mayor,
justifying in all in double the sum for which the person, persons
or corporation proposes to do the work, conditioned for the
faithful performance of such contract in all of its particulars,

io.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 89

by the contractor. Instead of such certified check each sealed
proposal may be accompanied, in the first instance, by a bond
signed by the person, persons or corporation so proposing, and
by two or more sureties to be approved by the mayor, justifying
in all in double the sum for which it is proposed to do the work,
conditioned that if such proposal be accepted, the person, per-
sons or corporation making the same, will within ten days after
notification of its acceptance, enter into a contract with the
city to do such paving, in accordance with the specifications and
proposal accepted, and that the contractor will faithfully per-
form such contract in all of its particulars.

§ 3. At the first regular meeting after the date named in said o™ST*'
notice, the mayor shall present to the common council all sealed
proposals and all bonds and certified checks accompanying the
same, received by him, and the same shall be then opened and
considered. The common council may reject any or all pro-
posals received if its members deem it for the best interests of
the city so to do. If either of the proposals so received shall
be regarded favorable to the city and the check or bond accom-
panying the same is acceptable, the common council shall ac-
cept the same and direct the mayor and city clerk to enter into
a contract with the party whose proposal is accepted. Such con-
tract shall provide for and require the contractor to keep such
pavement in repair for a period of eight years after its comple-
tion without cost or expense to the city or residents upon said
street therefor. The common council may appoint an inspector
of such paving and fix his compensation.

8 4. The common council may at any time during the prog- Advnncos

'^ to t*on-

ress of such work, pay to the contractor such portion of the traciora.
contract price not exceeding the value of the work then com-
pleted, (to be certified by the city surveyor), as its members may
d'?em advisable, but such payment if made, shall not be an ac-
ceptance of that portion of the paving then completed, or a
waiver of any of the rights of the city with reference thereto.
Such payments may be made from the contingent fund or the
common council may borrow money, upon the credit of the city
of Auburn, at a rate of interest not exceeding five per centum
per annum, to make such payments, in which event it shall
direct the mayor and city clerk to execute and deliver to the
person or corporation from whom said money is borrowed, an

90 LAWS OF NEW YORK. [Chap.

obligation therefor signed by them, in the name of the city, and
under its seal, payable at the office of the city treasurer at the
time when the contract for said paving provides the work shall
be fully completed, and when due may, if the paving is not fully
completed, extend the time of payment of such obligation or
obligations but not beyond the time when said paving is actually
completed.

iioiriS?'"*' § 5. When said paving shall have been fully completed in
accordance with said specifications and contract, and so certi-
•fled by the city surveyor, the common council shall at its first
regular meeting after such certification is filed in the office of
the city clerk, accept the same and determine the aggregate cost
thereof, including the paving of all street intersections, the com-
pensation of the inspector, the furnishing, grading for, setting
and re-setting of curbs, interest paid or payable upon all obli-
gations given as hereinbefore authorized, and all other disburse-

biJrTol!/* ments connected therewith, and shall borrow money upon the

•"•*n«y- credit of the city of Auburn, at a rate of interest not exceeding
five per centum per annum, to pay for such improvement, and

bondJ?* 8^^W direct the mayor and city clerk to issue the bonds of the city
for such aggregate amount, with interest thereon, payable semi-
annually, signed by them, in the name of the city and under its
seal, and payable at the office of the city treasurer in five equal
installments (as near as may be) one in one year, one in two
years, one in three years, one in four years and one in five years
from their date. If for any reason the money needed can not be
borrowed the common council shall cause coupon or registered
bonds of the city, to be issued in the amounts, form, and man-
ner, and payable at the times and place hereinbefore directed,
cause them to be properly signed by the mayor and city clerk,
the seal of the city attached, and delivered to the city treasurer
who shall negotiate them, at not less than par and accrued
interest. All bonds issued shall contain a recital that they are
issued pursuant to and in conformity with the provisions of
this act, which recital shall be conclusive evidence of their
validity and of the regularity of their issue.

Ap^jnioB- g g^ Q£ ^jjg aggregate cost so determined, the common council
shall fix and determine the amount to be paid by any street rail-
way company, whose tracks are laid in or through any portion
of the street so paved, in conformity with the provisions and

40.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 91

requirements of its franchise, or of any existent law applicable
thereto, and shall add to the one-half of the balance of such
aggregate cost, so determined, interest thereon nntil the last
installment of bonds issued therefor become by their terms due
and payable, and shall, by resolution, direct the assessors of
the city of Auburn to assess the total amount thereof upon the
real property abutting and fronting upon that portion of South
street so paved, each lot or parcel to be assessed proportion-
ately to its frontage or number of lineal feet upon said street.
The remaining one-half of said aggregate cost shall be paid by
the city and the common council shall provide for the payment ^/♦f^j"/;^"'
thereof with interest thereon, by adding one-fifth of the princi- S^^'tJSiJj;
pal thereof, with interest accrued or to accrue on such one-half,
to, and including the same in, the tax budget of each year, after
the determination of the aggregate cost of said improvement,
until the bonds issued in payment thereof are fully paid and
retired.
8 7. Upon receipt of a copy of said resolution the assessors Aiwemimrat

^ *^ '^ * -^ roll lo be

shall immediately proceed to assess the amount directed, upon «"*<*«• •ic-
the real property (other than city property) abutting and front-
ing upon that portion of South street so paved assessing each
lot or parcel proportionately to its frontage or number of lineal
feet upon said street, and shall make and subscribe an assess-
ment roll thereof. Upon the completion of such assessment
roll, the assessors shall give five days notice by publication in
a daily newspaper published in said city, of the fact that said
assessment roll is completed; that the same can be seen and
examined at the office of the assessors, and that at the time
appointed in said notice, which shall be within thirty days from
the receipt of said resolution, they will hear the objections of
persons interested. Such notice shall contain the names of all
persons appearing upon such assessment roll. At the time
appointed the assessors shall hear objections, at their office in
the city hall, and may adjourn from time to time, not exceeding
in all ten days, for that purpose. They may add to such assess-
ment roll any property liable to assessment, which may have
been omitted therefrom, upon giving written notice to the
owner, agent or occupant of such property of their intention so
to do, by mailing a copy thereof, addressed to such owner, agent
or occupant at his last known place of residence, at least three

\)2 LAWS OF NEW YORK. [Chap.

days before the final correction of such roll, or by personal
service at least one day before such final correction. At the
time appointed in the published notice, or upon any adjourned
day, siUil assessors may correct or change any of the amounts
in said assessment roll, by increasing or diminishing the same
according to the justice of the case. The assessment roll when
completed, shall be immediately filed in the office of the city
clerk and thereupon the respective amounts assessed therein
shall become and be liens upon the lands upon which the same
are assessed. Such assessment roll shall be presented to the
common council at its next regular meeting thereafter; the
common council shall thereupon direct the mayor and city clerk
to issue and sign the proper warrant commanding the city
treasurer to collect the several amounts appearing in said
assessment roll.
SJItmT"' § 8. The city treasurer upon receiving such warrant and

serve

nouce. assessment roll, and within ten days thereafter, shall serve or
cause to be served, upon each of the persons whose names
appear in said roll a notice in substance as follows:

•

Office of the city treasurer. Auburn, New York (give date).
To (name of owner or property assessed,)

Take notice that I have received the warrant for the collec-
tion of assessments for paving South street; that (describe
property) is assessed to you in the sum of dollars (state amount)
for said improvement. You are hereby required to pay said
sum to me, at my office in the city hall, in five equal payments
as follows; the first payment to be made on or before the first
day of the month preceding the month in which the first install-
ment of bonds issued for such improvement become by their
term due and payable, namely (state date when payment
required,) and one of such payments to be made on the same
date in each year thereafter, until said assessment is fully paid,
or in default of such payments, or either of them, the same will
be collected in the manner provided by law.

(Name of city treasurer.)

City Treasurer.

Such notice may be served upon such persons either person-
ally or by depositing the same enclosed in a sealed envelope in
the post office in said city, directed to said persons at their last

4i;.] ONE HUNDRED AND T\\ ENTY-FIFTH SESSION. 93

kuown place of residence according to the best information
which the city treasurer may be able to obtain, the postage
thereon being prepaid. Said city treasurer shall also, com-
mencing with or before the date of said notice, give notice twice {Jjj^jj,*
a week for three weeks in a daily newspaper published in said °*^"®*'
city, that he has received such assessment roll and that he will
receive at his oflSce the amounts therein set forth in like man-
ner and times as stated in the notice above described and that
in default of such payments, said assessments or any install-
ments thereof, will be collected in the manner provided by law.

§ 9. If such assessments or any installments thereof shall
not be paid, when the same by the terms of said notice become
due and payable, and shall not be paid previous to the collec-
tion of the next annual city tax, they shall, including six per
centum per annum thereon, up to that time, be added to the intnrent to
annual city tax on the respective lots or parcels of land upon JJyJJ^Jyj
which said unpaid amounts are assessed and thereafter the
aggregate amount, in each case, shall be regarded and described
in all i^roceedings as "tax'' and shall be collected in the same
manner, with like percentage, power and effect as the city taxes
of said city are collected; but the provisions of this section
shall not prevent the enforcement of the lien of such assess-
ment, as hereinafter authorized.

§ 10. No error or mistake in the name of the owner of any
lands assessed for said improvement, or the fact that the name
appearing in the assessment roll for such improvement as owner
of any lands is not the owner thereof, nor irregularity in adver-
tising any resolution notice or other proceeding for which said
assessment shall have been made, nor any omission of any
officer, agent or contractor to carry out any detail of any reso-
lution or contract, shall, invalidate said assessment or assess-
ment roll, except only where fraud is shown, but the amount
assessed and appearing therein as being assessed upon said
lands shall nevertheless be a lien upon said lands, and such lien
may be enforced and foreclosed by action, in any court having
jurisdiction to foreclose mortgages upon real estate.

§ 11. The city treasurer shall keep a separate account for separate
such improvement, to be designated as "the South street paving be kept uy
fund." He shall place to the credit of said fund the money bor- "''®'-
rowed or realized from the negotiation of the bonds of the city

94 LAWS OF NEW YORK. [0

issued to pay for such improvement together with all assess-
ments received by him therefor, and the amount included in the
tax budget each year to pay the proportion of the cost of said
improvement charged upon the city, when collected. All orders
drawn upon the city treasurer to pay for such improvement
shall be a charge upon said fund. When the bonds issued for
such improvement are due and presented for payment the city
treasurer shall pay the same out of and from said fund. In
case sufficient money has not been received to pay said bonds,
the necessary amount shall be transferred from the contingent
fund to said "South street paving fund" by the city treasurer,
and thereafter the assessments or tax received for such
improvement shall be used to reimburse said contingent fund,
so far as the same shall be necessary for that purpose. All
Ho M^of "" bonds paid by the city treasurer shall be immediately canceled
and presented to the common council at its next' regular meet-
ing thereafter.
§ 12. This act shall take effect immediately.

buuda.

Ctiap. 47.

AN ACT to amend chapter eight hundred and eighty-two of the
laws of eighteen hundred and sixty-nine, entitled "An act to
incorporate the village of Green Island, and for other pur-
poses," in relation to the preparation of the assessment-roll.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-flfths being present

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

amended. Scction 1. Scction forty-one of chapter eight hundred and
eighty-two of the laws of eighteen hundred and sixty-nine, enti-
tled "An act to incorporate the village of Green Island, and for
other purposes," is hereby amended to read as follows:

§ 41. It shall be the duty of the board of trustees, on or before
the first Monday of April in each year, to cause to be copied from
the last preceding assessment-roll of the taxable property
in the town of Green Island a list of all the taxable prop-
erty within the limits of the said village, and the valuation

4S.] ONE HUNDRED AND TWENTY-FIFTH SEBSION. 96

thereof, as fixed in said roll, which list, when so made, shall be
adopted by the said board, and shall constitute and be the assess-
ment roll of the taxable property within the limits of said vil-
lage for the current year; and whenever the taxable inhabitants
of said village shall, pursuant to the provisions of this act^ at a
general or special meeting, or whenever the trustees of said vil*
lage shall, in cases where they are authorized so to do, direct
any sum of money to be raised by tax, it shall be the duty of the
said board of trustees to assess and apportion the amount or ^^^^'
amounts thereof upon all persons, incorporated companies, asso-
ciations and property named in said roll, in the same manner and
proportion, as nearly as may be, as taxes are required by law to
be apportioned and assessed upon the assessment rolls prepared
by the assessors of the town of Green Island.
§ 2. This act shall take effect immediately.

Ctiap. 48.

AN ACT to legalize certain acts of the overseers of the poor
of the town of Albion, county of Orleans.

Became a law, February 20, 1902, with .the approval of the Governor*

Passt^d, three-fifchs being present

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

Section 1. The acts of the overseers of the poor of the town ^ota of
of Albion, county of Orleans, in accepting conveyances of real o? SI?SS!ir
property and mortgages thereon in behalf of such town, for the
care and support of certain poor persons therein, and in selling
and transferring such real property and discharging mortgages
thereon, and in using the profits of such sales and transfers for
the benefit of such poor persons, are hereby legalized, ratified
and confirmed. Such conveyances, mortgages and discharges
shall be of the same force and validity as though the overseers
of such town had been legally authorized to accept such con-
veyances and mortgages and make such sales and transfers.

{ 2. This act shall take effect immediately;.

Jii LAWS OF NEW YOEK. IGuap.

Chap. 49.

AN ACT authorizing the city treasurer of the city of Anbnrn
to transfer from the bridge fund of that city to its contingent
fund, the sum of three thousand five hundred dollars, to be
used for the contingent expenses of the city, and providing
for the reimbursement of the bridge fund from excise money.

Accepted by the city.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, three-flfths being present

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

uJ2S3^ Section 1. The city treasurer of the city of Auburn is hereby
l^an^M^ authorized to and shall, upon being directed so to do by the
common council of said city, (such action being approved by the
mayor,) transfer from the bridge fund of said city to its con-
tingent fund, the sum of three thousand five hundred dollars,
to be used for contingent purposes.

§ 2. If such transfer be directed and made, said city treas-
urer shall take from the first money received by him, after the
passage of this act, from licenses issued under the provisions
of the liquor tax law, the sum of three thousand five hundred
dollars, and place the same to the credit of, and in, the bridge
fund, to reimburse it for the money taken therefrom under the
provisions of this act.
S 3. This act shall take effect immediatelj.

money.

50.] ONE HUNDBED AND TWENTY-FIFTH SESSION. 97

Chap. 50.

AN ACT to enable the city of Albany to grant an easement In,
or convey, or lease a plot of ground sufficient and adequate
in size from that portion of real estate belonging to the city
of Albany, known as the almshouse farm, for the purpose and
to be used for the erection thereon of a building for the
advancement of science.

Accepted by tlie city.

Became a law, Febmary 20, 1902, with the approyal of the Governor.

Passed, three-fifths being present

The People of the State of New TorJ^ repreeented in Senate and
Aseemhlyf do enact as foUowa:

Section 1. The city of Albany is hereby authorized and em- |^'**52?of
powered to grant an easement in, or to convey or lease to Union iSJi*'
university, or to any other properly constituted* persons or au-
thorities a plot of ground not exceeding six acres in extent of
that portion of real estate, of which the city of Albany is now
seized and possessed, known as the almshouse farm, which plot
of ground shall be accurately defined and described by metes
and bounds in the conveyance, lease or grant thereof, and which
grant, lease or conveyance thereof shall be made in considera-
tion of and upon the condition that there shall be erected upon
said land so granted, leased or conveyed within five years after
the execution and delivery of said grant, lease or conveyance, a
building which shall be used upon completion, and thereafter to
continue always to be used, for the advancement of science in
some one or more of its branches under penalty of the for-
feiture of said land to said city of Albany upon failure in ful-
fillment of said condition. The commissioner of public works
shall nevertheless have authority, subject to the approval of the
persons or authorities in control of said building, to lay out and
maintain said premises and grounds as if the same was still a
part of the lands used for park purposes. Whenever the said
persons or authorities, to whom such conveyance is to be made^
and who shall have charge of said building shall signify their
willingness to comply with the conditions herein imposed, the
mayor of the city of Albany shall execute and deliver to Union

lAWS OP NEW YORK.

[Chap.

university, or to other properly oonstituted persons or authori-
ties subject to the conditiona and provisions mentioned a deed,
lease or grant describing a plot of ground, not exceeding six
acres in extent, which shall be a portion of the real estate now
owned by the city of Albany, known as the almshouse farm.
§ 2. This act shall take effect immediately.

UonoC

DatlML

belong to

OOUAtJ.

Ctiap. 51.

AN AOT to make the office of sheriff of Broome county a sal-
aried office, and regulating the management of said office.

Became a law, February 20, 1902, with the approval of the Governor.

Passed, a majority beln^ present

The People of the State of 2few York, repreaentei in Senate and
^Aasemhlfff do enact as foUowa:

Section 1. After the expiration of the term of the office of
the present sheriff of the county of Lroome, and thereafter,
the sheriff of the county of Broome sliall receive as compen-
sation for all his services an annual salary of three thousand
dollars per annum, which salary shall not be increased or di-
minished during the term for which such sheriff shall have been
elected or appointed.

§ 2. It shall be the duty of such sheriff to perform all the
services which he is or shall be required or authorized by law
to perform, by virtue of or by reason of his holding such office
for the state, for the county, city of Binghamton and for in-
dividuals, including his duties as officer of the courts and keeper
of the jail, and no compensation, payment or allowance shall be
made to him for his own use for any such servicesi except the
salary aforesaid.

§ 3. All the fees, emoluments or perquisites which such sher-
iff shall charge or receive, or which he shall legally be author-
ized, required or entitled to charge or receive shall belong to
the county of Broome. It shall be his duty to exact, collect
and receive the full amount allowed by law of all such fees,
emoluments or perquisites for said county, and such officers shall
require payment in advance for all services rendered by him,
or by his under-sheriff in his or their official capacity by virtue
of any law of this state or by order of the courts, or by order

BL] ONE HUNDRED AND TWENTY-FIFTH SESSION. 99

of the board of supervisors of said county, or any duty that
may hereafter by law be devolved upon him that is not a
county charge; and such sheriff and his under-sheriff shall per-
form such duties as he may be able, and shall contract with
such deputies as he may be able for such percentage of fees,
earned by them, as shall be just and proper, and as shall be
approved by the board of supervisors of said county, and shall
require payment by said deputies of such proportion of fees,
so earned by them to himself, for the benefit of the county of
Broome.

§ 4. Said sheriff so elected or appointed shall appoint an vnan-
under-sheriff who shall receive as compensation for his services, JS|,"eom"*
an annual salary of one thousand dollars to be paid monthly ^°'**^"'''
by the county treasurer.

§ 5. Said sheriff so elected or appointed shall appoint a {^^^^j;^
jailor, who shall receive as compensation for his services, an ^nor'^'**

Jftllor

annual salary of six hundred dollars to be paid monthly by the
county treasurer.

§ 6. The sheriff of the county of Broome, under this act, shall ;J,°?wSice
be allowed annually a sum of money not to exceed four hundred uunLl h«ii,
dollars, for the hiring of such aoditional help for the proper
care of the jail and the maintenance of the prisoners therein
confined, as he may deem necessary. The payment of any such
help shall be made monthly by the county treasurer of said
county upon vouchers of parties rendering such services, duly
verified by them, and certified to by the said sheriff; no such
party, so employed shall however receive a sum monthly in
excess of fifteen dollars.

§ 7. Each sheriff shall, within ten days after he shall have
received notice of his election, or appointment, and before he
shall enter upon the discharge of the duties of his office, execute
to the people of the state of New York, a joint and several
bond, in the penal sum of ten thousand dollars, with two or official

^ • bond.

more sufficient sureties, to be approved by the board of super-
visors, as to form, manner of execution and sufficiency of sure-
ties; the conditions thereof to be to the effect that such sheriff
shall faithfully perform all the duties of his office according
to law. And if any such sheriff shall neglect for thirty days
to execute or file any such bond, according to the provisions
of this acty his office shall thereupon become vacant. Such

100 LAW^ OP NEW YORK. [Chap.

bond shall be filed with the clerk of the board of supervisors,
and by said clerk delivered to the county clerk's office in said
county of Broome, and recorded therein.
nogM to be § 8. In a proper book or books, to be provided at the expense
of said county, such sheriff shall keep an exact and true account
of all official services performed by him or his under-sheriff
or deputies, with whom he has contracted for a portion of fees,
earned by them, and all moneys, fees, perquisites and emolu-
ments received or chargeable by him or them, pursuant to law.
Such book or books shall constitute a part of the records of
such office, and shall at all times, during office hours, be open
to the inspection, without fee or charge therefor, of all persons
desiring to inspect the same.
monSS^ § ^' '^^^ sheriff shall, within five days after the expiration of
tSbTSn^ each calendar month, transmit to the treasurer of Broome

Dilttedto

f22SL» county, a statement of all services mentioned in the last section
as shall have been performed by him, of the amounts' properly
chargeable therefor, and the moneys received by him on ac-
count thereof. Such statements shall also contain an account
of the moneys actually expended by the sheriff, under-sheriff or
deputies in the performance of said services, which account
shall show the purpose for which such expenditures were made,
and the amount of each separate item so expended. Such state-
ments shall be verified by the affidavit of the sheriff or the
person instructed and directed to receive such moneys, or mak-
ing such expenditures, to the effect that the said statement is
in all respects correct and true, and the said services were
actually performed and the moneys therein charged were act-
ually received, and the expenses stated to have been made were
actually made for the purposes therein mentioned. The said
sheriff at the time of rendering said account shall pay the sum
of money so received by him to the treasurer of the county of
Broome. The said sheriff, at the time of delivering to the said
treasurer the statements aforesaid, shall deliver two duplicates
thereof to the clerk of the board of supervisors together with
the affidavit attached. The said clerk shall forthwith examine
said statement, and shall, within five days, after having received
the same, attach thereto his certificate certifying what amounts
thereof he finds correct, and shall return the same, so certified
to the said sheriff. The duplicate in the hands of the said olerk

5L] ONE HUNDRED AND TWENTY-FIFTH SESSION. 101

shall be filed in his office. Upon presentatioti of the said state-
ment with the clerk's said certificate attached, the county
treasurer shall pay to the said sheriff the anrount certified by
said clerk to be correct. In case any portion of the account
rendered by the said sheriff, in any month, is not allowed and
certified by said clerk, the same may be presented by the sheri£f|
for audit to the board of supervisors at their next meeting, and
the amount allowed therefor shall be paid as any other county
charge.

§ 10. The jail of the county shall be kept by the sheriff of the
county as now required by law. All furniture, implements, }S™i?"'^
materials, food and supplies of whatever nature necessary for ^r^'^u?^
the custody and maintenance of the prisoners detained within
the jail shall be furnished by the county of Broome. All such
articles shall be purchased by the county of Broome. The
sheriff shall keep, or cause to be kept, correct and itemized ac-
count of all supplies or other articles furnished for the jail, in
the books to be provided for that purpose by the board of super-
visors of said county.

§ 11. The board of supervisors of Broome county shall ap-
point annually some person or persons who shall furnish to the
sheriff such items of supplies as may be requested by him in
writing, providing such items are for supplies and materials
necessary for the proper care and maintenance of the prisoners
in such jail.

§ 12. All transportation of prisoners, furniture implements,
material, tools, and supplies of whatever nature, necessary for
the custody and maintenance of prisoners and persons detained
in the custody of. the sheriff, and employed on the highways of
Broome county, shall be done, contracted for or provided by
said sheriff and the accounts thereof, and the necessary dis- Diphnne.

men to.

bursements in doing and providing the same and traveling and
hotel bills for transporting the prisoners shall be a county
charge and shall be paid by the county upon the sheriff's render-
ing a correct and itemized account of such disbursements made
by him or contracted for by him. Such sheriff shall keep in a Aecoant or
book, or books, provided for that purpose, at the expense of jjj»»jj«» »»«^'
said county, each item of said amount specifying the date on
which it was incurred or contracted for, whom contracted with
and to whom paid, the place where paid, and for what and the

102 hASSra OF new TOEK. [Chap,

purpose for whic]>*i(Va8 paid or contracted. The sherilBt shall

vonohen. ^^so obtain a%vjinbber for each item incurred by him so far as

,• • • • •

practicable^ a^ijl if any such item exceeds the sum of twenty-
five d9U4r*s.St shall be duly verified as to its correctness, and the
payntef^J;* &ereof by the affidavit of the person furnishing the
.aant^. The sheriff shall render his statement for expenses paid
.•/•••fer* contracted for as above set forth, in the manner provided
•.•./•/•for in section nine hereof, and the certifying thereto and the

\ \* * payment thereof made as specified in such section.

OeMtatto g ^3 j^ ^^^Yl be the duties of the deputies as said sheriff

?^ru. shall contract with for a portion of fees earned by them, to
make reports to said sheriff at the end of each quarter year of
the amount of fees earned by them and the proportion thereof
payable to said sheriff, and within ten days from the expiration
of said quarter, pay the proportion belonging to said county
to said sheriff. And any officer referred to in this act who shall
receive to his own use or neglect to account for any money, fees,
perquisites or emoluments by this act declared to belong to
and be for the benefit of the county of Broome, or who neglects
to render to said county treasurer or sheriff an account of all

nISiSS'**' ^^^* received, or to pay over the same as herein required, shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine or imprisonment or both at the dis-
cretion of the court before whom such officer shall be convicted,
and shall be liable to said county in a civil action for all moneys
so received and not accounted for.

^pfoyecfc § 1^« The sheriff shall require bonds, subject to his approval,
from his under-sheriff, jailor and deputies to secure him for the
faithful performance of the duties and accounting of all fees,
perquisites and emoluments.

bS^JSJd § 15. All sums of money to be paid by and under the pro-

tioiJ"^ visions of this act shall be raised by taxation as the other
county expenses are raised, and the salaries of said sheriff,
under-sheriff, jailor and help shall be paid as salaries of other
county officers are paid.

§ 16. The sheriff or under-sheriff shall perform all services re-
quired of said officers, within the limits of the city of Bingham-
ton, and no pay shall be allowed to any deputy sheriff for ser-
vices within said limits, except in extraordinary emergencies
and except services for attendance at court*

52.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 103

§ 17. All acts and parts of acts inconsistent with this act am
hereby repealed.
§ 18. This act shall take effect immediately.

AN ACT to amend the highway law relative to the appolnfmenf

of county engineers.

Became a law, February 20, 1902, with tbe approyal of tbe Govemof;

Passed, a majority being present.

The People of the Btaie of New Yorhf represented in Senate and
Assembly, do enact as foUows:

Section 1. Section fifty-five of article two of chapter five hnn- aoi
dred and sixty-eight of the laws of eighteen hundred and ninety,
entitled ^^An act in relation to highways, constituting chaptec
nineteen of the general laws,'* as added by chapter three hun-
dred and thirty-three of the laws of eighteen hundred and
ninety-three, and as amended by chapter two hundred and
thirty-nine of the laws of nineteen hundred and one, is herebj
further amended to read as follows:

§ 55. County engineer. — ^The board of supervisors of any
county may appoint a county en^neer, who shall be removable ^?55|"5Ji„
at its pleasure. The term of office of each county en^neer so and^SSLy
appointed shall be three years, unless sooner removed, and his mSSSZ
salary shall be fixed by the board' of supervisors and be a county
charge, except that if he be employed by the state engineer and
surveyor in the supervision of the construction of an improved
highway pursuant to chapter one hundred and fifteen of the
laws of eighteen hundred and ninety-eight, such portion of his
salary, during such employment, as shall be allowed by the
state engineer and surveyor shall be Included as an expense of
the cost of construction of such improved highway, and paid in
the manner provided by law for the payment of such expenses.

§ 2. This act shall take effect immediately.

LU4 LA.WS OF N£W. YOBK. £Cbap.

53.

AN ACT to amend chapter one hundred and fifteen of the laws
of eighteen hundred and ninety-eight, entitled ''An act to
provide for the improvement of public highways/* relative
to the maintenance of improved highways.

Became a law, Febmary 20, 1002, with the approval of the Governor.

Passed, a majority beins present

The People of the State of 2few Tork^ represented in Senate and
Assembly^ do enact as follows:

Tmendsd. Sectiou 1. Acceptance of highway; maintenance. — Section
twelve of chapter one hundred and fifteen of the laws of eighteen
hundred and ninety^eight, entitled "An act to provide for the
improvement of the public highways " is hereby amended to read
as follows:

upon com- S 12. Upou the completiou of such highways, or sections

Eletloaof o Mr r ^ w ,

^hwaji, thereof, so constructed by such engineer, and his acceptance of

the same, and after payment has been made as herein provided,
such engineer shall inform the board of supervisors of such
county that the highways or sections thereof designated have
been constructed as herein provided; and he may serve notice
on said board to accept such highway thus constructed, which
notice shall be filed in the office of the clerk of said county; and
twenty days after the service and filing of said notice, such high-
way or section thereof shall be deemed accepted by said board
of supervisors of such county; and thereafter they shall main-
meat of tain the same as a county road, and may apportion the expense
thereof upon the town or towns which such board deems bene^
flted thereby; and the commissioners of highways of the town
or towns, respectively, wherein such improved highways lie shall
care for and keep the same in repair, under the direction and
supervision of the state engineer and surveyor and such rules and
regulations aa he may prescribe. If any board of supervisors
or any commissioner of highways shall fail or neglect to properly
perform such duties within such time as may be prescribed by
such engineer for the performance thereof, such engineer may
cause the same to be performed and the expense thereof to be
paid by the state treasurer out of any funds in his possession
not otherwise appropriated, upon whom such engineer shall

expeiUMi

54.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 105

make draft therefor^ and the amount thereof shall be charged by
the comptroller against the county In which such improved high-
way shall be located, and be included by the board of supenrisors
of such county in its next annual tax levy as a county
charge, unless the same be apportioned as above provided, in
which case it shall be included in the tax so levied upon the
toiwn or towns to which it shall be apportioned.
§ 2. This act shall take effect immediately.

m»

AN ACT to amend the banking law, relative to the appoint*

ment of deputy superintendents.

Became a law, February 20, 1902, with tbe approval of the Governor

Passed, a majority being present

The People of the Staie of Tfew Torkj represented in Senate an4
Aseemblffy do enact as foUowa:

Section 1. Section five of the banking law is hereby amended
so as to read as follows :

§ 5. Deputies, clerks and examiners of the bank department.—
The superintendent of banks shall employ from time to time
such clerks and examiners as he may need to discharge in a
proper manner the duties imposed upon him by law. They shall
perform such duties as he shall assign to them. He shall fix
their compensation, which shall be paid monthly on his certifi-
cate and upon the warrant of the comptroller in the first in-
stance out of the treasury. He shall appoint a first and second
deputy, who shall within fifteen days from the time of notice of
their appointments take and subscribe the constitutional oath
of office, and file the same in the office of the secretary of state.
The duties of the second deputy shall be especially with refer-
ence to the supervision, under the direction of the saperinten-
dent, of building and mutual loan corporations or associations,
co-operative loan associations, and mortgage, loan or investment
corporations. In case of the absence or inability to act, or
vacancy in the office of superintendent for thirty successive
days, neither of his deputies shall thereafter act as superin-
tendent until the first deputy, or in his absence, inability to

106 LAWS OF NEW YORK. [Ohaf.

act, yacancy ar failure to qualify, the second deputy shall
have executed to the people of the state a bond in the penalty
of fifty thousand dollars, with two sureties to be approved by
the comptroller and treasurer of the state, conditioned for the
faithful discharge of the duties of the offtce of superintendent
while such deputy acts as such superintendent.
§ 2. This act shall take effect immediately.

AN ACT to amend section one hundred and forty-fire of the
charter of the village of Fulton, being chapter two hundred
and sixty-nine of the laws of eighteen hundred and ninety-
eight.

Became a law, February 20, 1902, with the approval of tbe Governor.

Passed, a majority being present

The People of the State of New Yorky represented in Senate and
AssemUjfy do enact as foUows:

^** ,^ Section 1. Section one hundred and forty-five of chapter two
hundred and sixty-nine of the laws of eighteen hundred and
ninety-eight is hereby amended to read as follows:

§ 145. The board of light commissioners may contract, in the
name of the village, with an individual or corporation, for light-
ing the streets, public grounds and public buildings of the vil-
lage by gas, electricity or other substance; but such contract
shall not be made for a longer period than ten years,
nor at an expense for each fiscal year exceeding two and a half
mills on every dollar of taxable property of the village, as ap-
pears on the last preceding village assessment roll, unless
authorized at a village election. The amount of such contract
shall be paid in semi-annual installments, commencing with the
date of the contract.
§ 2. This act shall take effect immediately.

56-J ONE HUUDBED AND TWENTY-FIFTH SESSION. 107

AN ACT to Incorporate the Jewish theological seminary of

America.

Became a law, February 20, 1002, with the approral of the Goverdor.

Passed, a majority being present

The People of the Btaie of New Tork^ represented in Senate and
Assembly y do enact as foUows:

Section 1. Jacob H. SchifF, Leonard Lewisohn, Daniel Gug-oorpom-
genheim, Mayer Sulzberger, Gyrus Adler, Simon Guggen-
heim, Adolphus S. Solomons, Felix M. Warburg, Philip S. Henry
and Louis Marshall, and their associates and successors, are
hereby constituted a body corporate by the name of The Jewish corporau
theological seminary of America, in perpetuity, to be located o»^<«**
in the city of New York, for the purpose of establishing and
maintaining a theological seminary for the perpetuation of the
tenets of the Jewish religion; the cultivation of Hebrew litera-
ture; the pursuit of biblical and archaeological research; the
advancement of Jewish scholarship; the establishment of a
library, and for the education and training of Jewish rabbis
and teachers. Such corporation shall possess the general
powers prescribed by the general corporation law of the state Powm.
of New York, except as the same are inconsistent herewith.

§ 2. The board of directors of said corporation shall consist Board of
of not less than ten nor more than seventeen members, as shall '^ '*'
from time to time be fixed by its by-laws. The persons named
in section one of this act are hereby appointed directors of said
corporation, with power to add other persons to their number.
A majority of the whole number of directors at any time in
office shall constitute a quorum for the transaction of business.
There shall be two classes of directors, to be known respectively
as class A and class B. The persons herein named as directors,
and their successors, shall constitute class A, and such other
directors as shall be chosen as hereinafter provided shall con-
stitute class B. Directors of class A shall hold ofSce during
their respective lives or until resignation or removal from office.
All vacancies in said class, however created, shall be filled by vaoneiM
the remaining members of said class. Directors of class B
shall be elected or chosen in such manner and for such terms

108

LAWS OF NEW YORK.

[Chap

PowenoC
iilreoton.

Autliorltj
to fonsoll-
daio with
other cor^
poratlooi.

as shall be from time to time provided by the by-laws. The
directors may select from their number an executive committee
of not less than five, who at intervals between meetings of the
directors may transact such business of the corporation as the
directors may authorize, except to grant degrees or to make
removals from office.

§ 3. The directors for the time being shall have power to
grant and confer the degrees of rabbi, hazen, master and doctor
of Hebrew literature, and doctor of divinity, and in testimony
thereof to award suitable diplomas, and also to award certifi-
cates of proficiency to persons qualified to teach in Hebrew
schools.

§ 4. Such corporation is authorized and empowered to con-
solidate with any other corporation or corporations, association
or associations, having the same or similar objects and purposes
now existing or hereafter to be formed under the laws of this
state, or of any other state, by the affirmative vote of at least
two-thirds of its directors, on such terms and conditions, not
tSSSSoS^ inconsistent herewith, as shall be specified in an agreement with
the corporation or corporations, association or associations,
with whom such consolidation shall take place, to be executed
in duplicate by the assenting directors of the corporation hereby
constituted and under the respective corporate seals of this
corporation and of the corporation or corporations, association
or associations, so consolidating, one of which shall be filed in
the office of the secretary of state of this state and the other in
the office of the clerk of the county of New York. Thereupon
the said consolidated corporation shall be possessed of all of
the powers herein provided for, and shall be vested with the
title of all of the property of the corporations and associations
so consolidating without any other deed or transfer.

§ 5, The corporation hereby constituted is authorized and
empowered to take by deed, gift, conveyance, lease, devise or
bequest real and personal property to the extent of three mil-
lions of dollars, and to hold and devote the same and the income
arising therefrom for its proper uses and purposes,

§ 6. This act shall take effeot immediately.

andflllDg
oC

OfATitfl and
gifts to
Morijoratlon.

57.] ONE HUNDRED AND TWENTY-PIFTH SESSION. 109

AN ACT to create a board of equalization in and for the countj

of Columbia.

Became a law, February 20, 1902, with the approval of the Qovemor.

Passed, a majority being present.

The People of the State of New Yorh^ represented in Senate and
Assembljfj do enact as follows:

Section 1. There shall be created and established in and for J5|;jjj*
the county of Columbia a board of equalization, consisting of ^^I^^a,
three commissioners of equalization, not more than two of
whom shall be adherents of the same political party, each of
whom shall hold oiBce for the term of three years from the first
day of September next succeeding the date of his appointment,
except that a person appointed to fill a vacancy caused other-
wise than by expiration of term, shall hold office for the balance
of the unexpired term.

§ 2. One of such commissioners shall be a resident of the city RMidenoe

of C(HniulA>

of Hudson, one shall be a resident of one of the towns in said ^^oatM,
county outside of the city of Hudson, and one shall be a resi-
dent of the third judicial district, outside of the county of
Columbia; and if any commissioner shall remove into the city
or town wherein another commissioner resides, or if the com-
missioner appointed from the city of Hudson shall remove there-
from, or if the commissioner appointed from outside said
county shall remove into said county, the term of office of the
one so removing shall at once become vacant.

§ 3. On or before the first day of August, nineteen hundred commm-
and two, the county judge of Columbia county shall appoint p^*"""***'
three commissioners of equalization, subject to the proyisions
and limitations of this act as to their qualifications. In each
third year thereafter the board of supervisors of said county
shall, at its annual session in like manner and with like limita-
tion, by the concurring vote of at least two-thirds of all the
members of said board, appoint three commissioners to hold
office for three years. If at any session of the board of super-
Tisors at which, according to the proyisions of this act, commis-
sioners are to be appointed, said board for any reason shall fail
to appoint smoh oommissigners, before the final adjournment of

110 LAWS OP NEW YORK. [Chap

such session, the clerk of said board shall, within thirty days
give the county judge of said county written notice of such fail
nre to appoint, and the county judge shall, on or before the first
day of August next succeeding, appoint such commissioners.
If the office of any commissioner shall become vacant before the

vacanciej, expiratiou of his term, the vacancy shall be filled for the bal-
ance of the unexpired term by said board of supervisors, in like
manner as in making an appointment for a full term, except
that such appointment may be made at a special session of said
board. If said board shall omit or neglect to make such
appointment to fill such vacancy for the space of thirty days
after said vacancy occurs, such vacancy shall forthwith be filled
by the appointment of a commissioner by the county judge.

§ 4. Each commissioner shall, within ten days after receiving
notice of his appointment and before entering upon the dis-

offloiAi charge of his duties, take the constitutional oath of office and

oath.

file the same in the office of the clerk of Columbia county.

compenw g 5^ Each commissioncr shall be paid for his services five
hundred dollars per year, which sum shall include all expenses
incurred by such commissioners in the discharge of their duties.

DutiM § 6. Between the first day of September and the first day of

December in each year, the commissioners shall examine the
assessment rolls of the several towns in their county and shall
visit each town therein for the purpose of ascertaining whether
the valuations in one town or ward bear a just relation to the
valuations in all the towns and wards in the county, and they
may increase or diminish the aggregate valuations of real estate
in any town or ward by adding or deducting such sum upon the
hundred as may, in their opinion, be necessary to produce a just
relation between all the valuations of real estate in the county,
but they shall in no instance reduce the aggregate valuations
of all the towns and wards below the aggregate valuations as
made by the assessors.

Report. § 7. On or before the first day of December in each year, the

commissioners shall file with the clerk of such board of super-
visors their report of the equalized valuations of real estate,
signed by a majority of such commissioners, and the same shall
be binding and conclusive on such board of supervisors as an
equalization of the assessments of real estate for such year.

68.] ONE HUNDRED AND TWENTY-FIFTH SESSION. Ill

§ 8. All acts and parts of acts inconsistent with the pro-
Tisions of this act are hereby repealed.
§ 9. This act shall take effect immediatelj.

amendwL

AN ACT to amend chapter fiye hundred and twenty-six of the
laws of nineteen hundred, entitled ''An act authorizing the
city of Schenectady to issue bonds to the amount of seventy-
five thousand dollars to raise money for high school pur-
poses/' by increasing the amount to be raised by said city for

snch purposes.

Accepted by the city.

Became a law, Febiuary 24, 1902, with the approval of the GoTemor.

Passed, three-fifths being present

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

Section 1. Section one of chapter five hundred and twenty- ^^^
six of the laws of nineteen hundred, entitled '^An act author-
izing the city of Schenectady to issue bonds to the amount of
seyenty-five thousand dollars to raise money for high school pur-
poses," is hereby amended to read as follows:

§ 1. The common council of the city of Schenectady iStoteiSS*'
hereby authorized to issue one hundred and thirty-five bonds ^^^^
of said city under its corporate seal for the sum of one
thousand dollars each, bearing interest at the rate of four per
centum per annum, payable semi-annually, which bonds shall be
payable at such time or times within thirty years as the said
common council shall direct and shall pledge the faith and credit
of said city for their payment and shall be signed by the mayor
and the treasurer of said city, which bonds may be issued upon
the request of the board of education of the city of Schenectady
to said common council and in such amount or amounts not ex-
ceeding one hundred and thirty-fiye thousand dollars in the
aggregate as said board shall request

§ 2. This act shall take effect immediately.

112 liAWS OF NEW YORK. [Chap,

AN ACT to amend the state finance law, in relation to the
acceptance of certain trusts by the comptroller in behalf of
the state.

Became a law, February 24, 1902, with the approval of the Governor.

Passed, three-fiftlis being present.

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

Section 1. Chapter four hundred and thirteen of the laws of
eighteen hundred and ninety-seven, entitled "An act in relation
to state finance, constituting chapter ten of the general laws,"
is hereby amended by adding to article one thereof a new sec-
tion, to be section thirty-nine and to read as follows:

§ 39. Acceptanoe of trusts by comptroller. — The state comp-
troller may accept and hold in behalf of the state, if for the
public interest,, a gift, devise or bequest' to the state of New
York, heretofore or hereafter made in trust, for the support
of the common and union free schools of the state or of any
school district or municipality therein. He shall cause such
gift, devise or bequest to be kept as a distinct fund, and shall
invest the same in the stocks and bonds of the United States
or of this state, for the payment of which the faith and credit
of the United States or of this state are pledged, or in the
stocks or bonds of any county, town, city, village or school
district of the state authorized by law to be issued. The comp-
troller shall annually pay the income thereof to the superin-
tendent of public instruction, who shall cause such income to
be distributed in acordance with the terms of such gift, devise
or bequest.

§ 2. This act shall take effect immediately.

CO.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 113

Ctiap. 60,

AN ACT to simplify the procedure, facilitate the settlement
and reduce the expenses of receivers on dissolution of monied
corporations.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New Yorky represented in Senate and
Assemhlf/, do enact as follows:

Section 1. Whenever the attorney-general shall commence an
action against a monied corporation upon the information of
either the superintendent of insurance, or the superintendent
of banks, for the dissolution or sequestration of the property or
annulment of the charter of a corporation formed under or sub-
ject to the banking or insurance law, and shall be satisfied that
it is unsafe and inexpedient for such corporation to continue
doing business, the supreme court may, on his application, in
a case provided by law, appoint a receiver thereof, and may on ^•{J^f*
such appointment grant an injunction restraining such cor- ™^«»*<>'-
poration from carrying on its business until the further order
of the court. The court may, in its discretion, dispense with
notice of the application.

§ 2. The court, on granting an order without notice, either
for the appointment of a receiver or for an injunction, or for
both forms of relief, as herein provided, shall make an order ^^^^ ^^^^^
that the corporation so proceeded against show cause at a term
of the court to be held not more than thirty days thereafter,
why such receiver and injunction should not be permanent.
Such order shall be served not less than eight days before the
date ux>on which the hearing thereon is to be had. Unless the
court otherwise directs, the receiver appointed in the first in-
stance shall be permanent receiver of such corporation, and
the injunction shall be continued during the pendency of the
litigation. Such receiver shall, unless otherwise ordered by the
court, continue to act as such up to and after final judgment,
and until the affairs of the corporation shall be finally settled
and its property distributed by him according to law. The bond Bond.
to be given by the receiver on his appointment shall be fixed

at Buch sum and so conditioned as that it shall continue in

114 LAWS OF NEW YORK. [Chap.

force and effect until the final discharge of such receiver, in
eluding any liability which may be incurred by said receiver
by virtue of his appointment as such in the final judgment, in
c;ise he shall be so named therein,
indh?^'' § 3. It shall be the duty of the receiver to take an inventory
praioai. ^^^ make an appraisal of the assets and property of the cor-
poration. In case the corporation is subject to the banking
op^t?"' law, two disinterested appraisers shall be appointed by the
mentof. euperintondent of banks to aid in this duty, and in case the
corporation is subject to the insurance law, such appraisers
Bhail be appointed by the superintendent of insurance. Ten
days' notice of such inventory and appraisal shall be given to
the corporation and such inventory and appraisal shall be com-
pleted and filed with the clerk of the supreme court in the
county in which the trial is to be had, within ninety days after
the appointment of such receiver, and a certified copy thereof
in the office of the attorney-general, and in the office of the
Buperintendent of banks, or in the office of the superintendent
of insurance, as the case may be, unless for good cause shown
the officer appointing such appraisers shall, in writing, extend
the time for the completion thereof. Such appraisers shall re-
oompeiuar ^^jy^ ^g Compensation a reasonable sum, not exceeding fifteen
appraisers. ^^j|j^j,g p^j. ^^y ^j^^ actual and necessary expenses, to be paid
by the receiver upon the approval of the officer by whom they
were named. The receiyer shall be chargeable with the amount
of such inventory and shall be relieved therefrom to the same
extent and upon the same grounds as in the like case of an
executor. He shall proceed, immediately upon his appoint-
ment, to convert the assets of the corporation into cash.
oouuml § 4. The receiver may employ not to exceed one counsel and
may make such payment upon account for legal services dur-
ing the progress of the receivership as shall be just and proper,
but no such payment on account shall be made to any counsel
except upon the approval thereof in writing by the attorney-
general, and such payments shall be subject to the order of
the court in whole or in part upon the final settlement of the
receiver's accounts to the same extent as the accounts of gen-
eral assignees are subject to revision and allowance; but no
compensation shall be allowed to an attorney for a receiver
unless an agreement for his compensation has been made in

GO.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 115

writing, upon the approval of the attorney-general. Additional
counsel shall be employed only upon the written approval of
the attorney-general.

§ 5. Within thirty days after a receiver qualifies he shall
cause to be published, once a week for twelve weeks in a news- ©"nSSIe""
paper published at the principal place of business of the cor-
poration, a notice to all creditors of the corporation to present
their claims to such receiver at his place of business within
fifteen days after the last publication of such order. He shall
also mail a copy of such notice to all the creditors of the cor-
poration known to him or as shown on the books of the com-
pany, at their last known place of residence. The receiver shall
have the same power and authority with reference to the allow-
ance or rejection of claims as is given to executors, and no
reference shall be had to pass upon claims except such as may be
disputed by such receiver. In case any claim shall be disputed, Dinpute^i
the receiver shall immediately upon the expiration of the time
for the presentation of claims, upon notice to the parties whose
claims have been rejected, apply to the court for the appoint-
ment of a referee to hear and determine as to the allowance
thereof. Claims allowed by the receiver shall be subject to
objection upon the final settlement and their validity may be
determined as the validity of claims against estates are deter-
mined upon final settlement by a surrogate.

8 6. The receiver mav apply for a final settlement of his ac- Application

^ * t-i ./ for final

counts and an order for distribution at any time after the expi- »ettienient
ration of six months, and shall so apply within eighteen months
after qualifying as such. The attorney-general or any creditor,
or party interested, may apply for an order that the receiver
show cause why an accounting and distribution should sot be
bad at any time after the expiration of one year after the re-
ceiver qualifies; and it shall be the duty of the attorney-general,
after the expiration of eighteen months from the time the
ri?ceiver enters upon his duties, in case he has not applied for
a final settlement of his accounts, to apply for such an order
on notice to such receiver. In case of such application by a
I»arty other than the receiver, the court shall direct the receiver
to take steps to account with all convenient speed. The re-
ceiver is not required or authorized to file any account, except
as herein provided, except by special order of the court.

116 LAWS OP NEW YORK. [Chap

§ 7. Upon any accounting by the receiver, after the expira-
tion of the time. for creditors to present claims, the court shall
direct the receiver to immediately convert the entire assets of
u(!!!t?rto(i^ the corporation in his hands into cash, in case any of the assets

Into cash. ,

have not been so converted, unless good and sufficient cause
to the contrary shall appear to the satisfaction of the court,
such as to authorize an order granting the receiver additional
time for that purpose, and upon any such accounting the court
shall direct the receiver to distribute the assets of the cor-
poration in his hands to the persons entitled thereto, except
so much thereof as may be necessary to be retained for the
purpose of administering the trust and making payment upon
contested claims, and upon such claims as may thereafter be
presented and entitled to be paid.
Account § 8. The receiver shall file his account, together with a state-

liiid mate- « » o

Imd wh^JiS" naent of the items and amounts claimed by his cdunsel, up to
to be filed, ^j^^^ ^^^^ with the court and a duplicate thereof, together with

the vouchers with the attorney-general, at least thirty days
before the time fixed for his final settlement and accounting,
and the attorney-general shall serve upon the attorney for the
receiver any objections he may have to the account, or to the
statement as to the items and amounts claimed by counsel for
compensation, appearing in such account on or before such
hearing. The receiver shall also within ten daj's after the
filing of the account, mail to each creditor of the cor-
poration a notice of the time and place of the filing of
his account, and a notice of the time and place of the
presentation of the account to the court. Unless objection
is made to the items of the account by a creditor or on behalf
of the attorney-general, no referee shall be appointed to pass
thereon, but the same shall be examined and settled by the
court. In case objection is made a referee may be appointed
to take the testimony and report the same to the court,
applicable. § ^- This act shall apply to all actions for the appointment of
receivers of monied corporations brought by the attorney-gen-
eral, and to all receivers of such corporations heretofore or
hereafter appointed, and to the settlement and adjustment of
their accounts and distribution of assets in their hands, and
all proceedings with reference thereto hereafter to be taken,
and shall supersede and repeal all provisions of law incon-

61.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 117

sistent herewith, so far as the same relate to actions for
the sequestration, annulment or dissolution of monied corpora-
tions. As to all other corporations and as to matters not
affected by this act, provisions of law heretofore existing shall
remain in full force and effect.

§ 10, In all cases where a receiver has qualified more than
eighteen months before the passage of this act, and no pro-
ceedings have been taken for a final settlement, of his accounts,
the attorney-general shall, within thirty days after the pas-
sage hereof, apply to the supreme court, upon notice to such
receiver, for an order to show cause why such receiver should
not present his accounts for final settlement and adjustment,
with a view to the distribution of the assets of the corporation
in his hands. Such proceedings shall thereafter be had therein
as are heretofore provided by this act. Whenever the attorney-
general shall apply for an order to show cause why an account-
ing should not be had by a receiver by reason of his failure to
so account within twelve months after his appointment, and
shall deem it advisable to designate counsel to act on his DemKnauon

^ of counsel.

behalf, the court may, upon the accounting, make a reasonable
allowance by way of counsel fee to counsel so designated.
§ 11. This act shall take effect immediately.

Ctiap. 61,

AN ACT to repeal chapter one hundred and seven of the laws
of eighteen hundred and seventy-five, entitled "An act in
relation to the treatment of animals."

Became a law, February 26, 1902, with the approval of the Governor.

Passed, a majority being present.

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

Section 1. Chapter one hundred and seven of the laws of ^^t ^^
eighteen hundred and seventy-five, entitled "An act in relation
to the treatment of animals," is hereby repealed.

§ 2; This act shall take effect immediately.

118 LAWS OF NEW YORK. [Chap.

Clnap. 62.

AN ACT to amend chapter four hundred and eighty of the
laws of eighteen hundred and ninety-four, the title of which
was amended by chapter sixty-seven of the laws of nineteen
hundred, to read "An act in relation to the village of Fre-
donia, originally incorporated by chapter three hundred and
fifty-one of the laws of eighteen hundred and twenty-nine,"
in relation to the collection of taxes, paving, and the issue of
bonds, also in relation to rebate for cement sidewalks.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assenibly, do' enact as follows:

ain'Sded. Sectlou 1. Subdivisiou thirteen of section fifteen of article
two of chapter four hundred and eighty of the laws of eighteen
hundred and ninety-four, the title of whjich was amended by
chapter sixty-seven of the laws of nineteen hundred, to read
"An act in relation to the village of Fredonia, originally incor-
porated by chapter three hundred and fifty-one of the laws of
eighteen hundred and twenty-nine," is hereby amended to read
as follows:

13. To organize fire companies and provide for the purchas-
ing and repairing of fire engines, and all other necessary imple-
ments and apparatus for extinguishing fires, and to purchase,
erect and maintain suitable houses in which to keep them, and
may, in their discretion, issue the bonds or other, obligations of
the village in an amount not exceeding ten thousand dollars,
for the construction of needed buildings for the fire depart-
ment. iSuch bonds or other obligations shall be payable within
ten years from the date of issue and may be made payable in
equal annual installments. They shall bear interest at a rate
not exceeding five per centum per annum and be sold at the
best terms obtainable, not less than par.

§ 2. Section one of article four of such act Is hereby amended
to read as follows:

§ 1. Petition. — The owners of the majority of lineal feet
frontagje along any street or portion of a street of said village,
includiiyg the village, may petition the board of trustees to

62.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 119

improve such street or portion of a street by paving or macadam-
izing, and each petitioner may state therein the form of improve-
ment which he prefers, whether macadam or paving, and if pav-
ing, the material to be used therefor. If frontage property is
owned by a corporation the petition of such corporation shall
be made by an oflScer thereof duly authorized by resolution of
its board of directors. If frontage property is owned or con-
trolled by the village, the petition of the village shall be made
by an officer duly authorized by resolution of the board of trus-
tees. Such petition shall be filed with the village clerk and upon
the receipt thereof shall be referred to an engineer appointed by
the board of trustees.

§ 3. Section two of article four of such act is hiereby amended
to read as follows:

§ 2. Seport of engineer. — Such engineer shall certify to the
board of trustees the number of feet frontage represented by
the petitioners in such petition, the whole number of feet front-
age adjacent to such section improvement, counting the front-
age on both sides of the street, exclusive of the intersecting and
abutting streets and of property owned by non-residents,
the number of feet owned by each of such resident peti-
titioners, the number of feet owned by persons who
elected macadam, the number of feet owned by persons who
elected pavement, and the amount in feet of the majority. If
the persons electing pavement shall specify the kind of pavement
preferred, such engineer shall ascertain whether the persons
Yotingi for pavement with any specific material are owners of
more than one-half of the foot frontage represented by those who
Toted for paving. If he finds they are such majority owners, he
shall certify the number of lineal feet represented by the per-
sons who voted for pavement with such specific material and
also the whole number of feet represented by i>ersons who voted
for different paving material.

§ 4. Section three of article four of such act, as amended by
chapter sixty-seven of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 3. Action of board of trustees. — If after the return of such
engineer the board of trustees find that the persons representing
the majority of the lineal feet frontage upon said street
or portion of a street, not counting property owned by non- i

120 LAWS OF NEW YORK. [CHAr

residents, haye petitioned in favor of improving such
street or portion of a street, by macadamizing or paving, the
board shall have the power to cause such street, or portion of
street to be graded and macadamized, or remacadamized, or
graded and paved or repaved, and have power to purchase the
necessary machinery, tools and implements necessary for that
purpose, as provided by this article. When the cost and expense
of such improvements shall exceed the sum of one thousand dol-
lars the work shall not be ordered, except by the concurring vote
of a majority of all the members elected to the board of trustees,
nor until the adjoining owners, either in their original petition or
in a supplemental petition, have had an opportunity to elect
between paving and macadam, as provided in section one of this
article. If a majority of the i>etitioners elect macadam, the
board of trustees may order such street or iwrtion of a street
to be macadamized. If a majority of the petitioners elect pav-
ing, the board of trustees may order such street or portion of a
street to be paved, with the specific material stated in such
petition by the persons owning a majority in feet front of the
whole number of feet frontage electing pavement, if a majority
BO agree as to any specific material. If the paving petitioners
do not agree by the majority of lineal feet represented by them
aa to the specific paving material to be used and are unable to
agree within fifteen days after the petition is delivered to such
engineer, the board of trustees shall determine upon the specific
material to be used for such pavement.

§ 5. Section fourteen of article four of such act as amended
by chapter sixty-seven of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 14. Assessments; how made. — ^The board of assessors ap-
pointed for the purpose by the board of trustees shall make
an assessment-roll, wherein they shall briefly describe and desig-
nate the land on which an assessment is made and assess the
amount fixed by the board of trustees as has been provided in
the previous sections of this article, and shall set in the last
column of such roll, opposite the name of the person, corpora-
tion or association and property assessed, the amount of tax
assessed upon such person, corporation or association and
property. After such assessment-roll is completed it shall be
left with the village clerk and notice thereof given in

62.] ONE HUNDRED AND TWENTYFIFTH SESSION. 121

one or more newspapers published in said village, also
that said roll can be examined by any person inter-
ested for a period of ten days from the first publication
of such notice. After the expiration of said ten days the
trustees shall hold a meeting to hear the application of any
person conceiving himself or herself aggrieved and for the cor-
rection of such roll, and the date, hour and place of said meet-
ing shall also be announced in said published notice.

§ 6. Section one of article eight of such act is hereby amended
to read as follows:

§ 1. Acquisition of property for. — The village of Fredonia,
for the purpose of securing and establishing a public library,
for the use and benefit of the inhabitants of said village, is
hereby authorized to take by deed or other suitable articles
of conveyance, or transfers, and hold forever for the use and
maintenance of such library, to be known as the Darwin B.
Barker library association of Fredonia, New York, all such
real and personal property as shall from time to time be
donated to the said village for the use and benefit of said library.
The several donors for the use and benefit of said association
may, in their deeds or articles of donation, specify the terms
and conditions of their several donations, and the said village
by a vote of a majority of its trustees may accept or reject
donations, with or without conditions, as to them seem best
for the interest of the village and the association. Whenever
any such donation is once accepted, as hereinabove provided,
then the said village must hold the same subject to the terms
accompanying the donation. The trustees may, in their dis-
cretion, issue the bonds or other obligations of the village in
an amount not exceeding three thousand dollars for the pur-
chase of a suitable site for a new library building. Such bonds
or other obligations shall be payable within ten years from the
date of issue and may be made payable in equal annual install-
ments. They shall bear interest at a rate not exceeding five
per centum per annum and be sold at the best terms obtainable,
not less than par.

§ 7. Section two of article nine of sach act is hereby amended
to read as follows:

§ 2. Assessment-roll. — ^The clerk of the village of Fredonia
shall each year copy from the assessment-roll of the town of

122 LAWS OF NEW YORK. [Chap.

Pomfret for that year, within ten days after the time in which
the town assessors are required by law to complete the assess-
ment-roll and to give notice of review thereof, the assessments
of the valuation of all the real and personal property within
the corporation limits of the village of Predonia, which copy,
so made by said clerk, shall forthwith be filed in the office of
the clerk of said village, for inspection of any party interested.
The trustees of said village shall meet on the day on which
the assessors of the town are by law required to meet to review
their assessments, and said trustees shall have full authority
for said village, to review, correct and complete said assess-
ment-roll as copied by said clerk, and to change the same to
correspond with the assessment-roll of the town assessors as
changed by them upon review. The amount of valuation
copied from the town assessment-roll shall not be changed by
said trustees, except as herein provided. The trustees of the
village shall give, as near as practicable, the same notice and
in the same manner of their meeting to review the assessment-
roll for said village as town assessors are by law required to
give of their meeting for review of town assessments. If any
real estate in said village is overlooked or omitted from the
town assessment-roll the trustees may put the same upon the
assessment-roll of the village, and fix its valuation and appor-
tionment for taxation, but no real estate shall be added to said
village roll without notice in writing is served upon the owner
or occupant of said land, at least ten days before the meeting
of said trustees for review of their intention to consider and
act upon the taxation of said property. Said notice may be
served personally upon the owner or occupant and left at his
place of residence, or sent by mail properly inclosed postpaid
to the post-office address of said owner or occupant. Said
village assessment-roll, so made and reviewed as hereinafter
provided by the trustees of the village, shall be the basis on
which all taxes for general purposes shall be taxed and appor-
tioned until the completion of the roll for the next year. The
annual warrant for the collection of general taxes for the vil-
lage of Fredonia shall be issued to the collector on or before
September fifth each year. The trustees may, in their discre-
tion, determine that the school taxes in such village shall be
separately levied and collected. If the trustees shall so deter-

62.] ONE HUNDRED AND TWENTT-PIPTH SESSION. 123

mine, they shall, upon the completion of the assessment-roll
as provided by this section, cause a correct copy thereof to be
made, and shall levy thereon the taxes required in pursuance
of law, by the board of education of union free school district,
number eight, of the town of Pomfret. The annual warrant
for the collection of the school taxes levied on such separate
roll shall be issued to the collector on or before January fifth
each year.

§ 8. Section one of article five of such act is hereby amended
to read as follows:

§ 1. Bepairing sidewalks. — ^The board of trustees shall direct
the mann-er of making and repairing sidewalks and crosswalks
in said village, and whenever any person owning or occupying
any lands adjoining any highway or street within the limits of
said village shall, with the consent of the trustees of said village,
or a majority of them, grade and flag or construct a stone or
cement sidewalk within such highway or street along the line
of such lands so owned or occupied, of the width of four or more
feet, it shall be the duty of said trustees to examine the same
when finished^ and if found satisfactory in construction and
material, to credit such owner or occupant therefor so much on
account of his or her assessment for highway tax in said village
as such trustees shall deem necessaiy to pay, not to exceed three-
fourths of the actual and necessary expense of constructing such
sidewalk, and deliver to said owner or occupant their certificate
of the amount of such credit; but such credit shall in no case be
less than three dollars per lineal rod for the amount of said walk
80 constructed and finished. If said trustees find said walk or
walks to be of less value than four dollars per lineal rod, then
they are to give no credit whatever for the construction of the
same. The trustees of such village shall thereafter exempt the
owner or occupant of such lands from highway taxes in said vil-
lage till the amount of such exemption shall be equal to the
Slim of the credit for which said certificate was allowed. In
cases where there is no stone or cement walk in front of premises
having a frontage upon any street in said village not exceeding
one hundred and fifty feet, owned and occupied by one party,
and where stone walks have been constructed under this act on
each side up to the line of said owner the trustees of said village
may, by resolution, direct said owner or occupant, within sixty

124 LAWS OP NEW YORK. [Chap,

days after service upon said parties of said resolution, to con-
struct upon the whole front of said premises adjoining any street,
a stone or cement walk, as provided for in this act, and if said
party shall not, within sixty days, construct and lay said walk,
the trustees of said village may construct said walk and charge
the cost and expenses thereof to the party owning the land
abutting upon said walk, and the same shall be a lien and charge
upon the land, and may be collected as other taxes are collected.
Said party shall have the certificates and credit and exemption,
after payment of said walk to said village, as if said party had
voluntarily constructed said walk under this act
§ 9. This act shall take effect immediately.

Ctiap. 63.

AN ACT to incorporate the city of Fulton.

Became a law, Febniary 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New Yorky represented in Senate and
AssenMy, do enact as follows:

THE CHABTEB OF THE GITT OF FXTLTOK,

Title I. Incorporation; boundaries; civil divisions; defini-
tions. (§§ 1-5.)
II. City officers; eligibility; elections; appointments;
terms of office; compensation; filling Tacancies.
(§§ 7-18.)

III, City officers; their general powers and duties. (§§

20-37.)

IV. The common council. (§§ 40-56.)

V. Department of public works; local improvements;
streets; highways; paving of streets and con-
struction of sidewalks. (§§ 60-73.)
VI. Water works; sewers and lights. (§§ 80-97.)
VII. Board of fire and police commissioners, and fire and

police departments. (§§ 110-137.)
VIII. Department of public instruction. (§§ 150-167.)
IX. The board of health. (§§ 175-179.)

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 125

Title X. Department of charities. (§§ 180-186.)
XI. Department of justice. (§§ 190-209.)
XII. Department of law. (§§ 220-225.)

XIII. Actions by and against the city. (§§ 230-232.)

XIV. Assessment and taxation. (§§ 240-262.)
XV. Offices abolished and vacated. (§§ 270-272.)

XVI. General provisions. (§§ 275-291.)
XVIL Miscellaneous provisions. (§§ 300-311.)

TITLE I.

Incorporation; Boundaries; Civil Divisions; Definitions.

Section 1. Short title; public act.

2. Boundaries of the city.

3. Corporate name and powers.

4. Division into wards; ward boundaries*
6. Definitions.

Section 1. Short title; public act. — ^This act is a public act^
and shall be known as the charter of the city of Fulton.

§ 2. Boundaries of the city. — ^The territory within the follow-
ing boundaries shall constitute the city of Fulton, to wit: Com-
mencing at the northwest corner of G. C. Newkirk's location,
thence easterly along the northerly line of said location to the
northeast corner thereof; thence southerly along the easterly
line of said location until said line intersects the stream of water
known as Waterhouse creek; thence up the said creek along the
center thereof until the same intersects the center line of Fay
street; thence southwesterly along the center line of Fay street
until it intersects the east line of lots numbers thirteen, fourteen
and fifteen of Harper's location; thence south along the east
line of said lots until it intersects the east line of First street;
thence southeasterly along the east line of First street, now
known as the East River road, to the intersection of the south
line of lot number eleven of Harper's location; thence east along
the south line of said lot number eleven to the southeast corner
of said lot, which corner is also the northeast corner of lot num-
ber twelve of Harper's location; thence south along the east
line of said lot number twelve and said east line projected, to
the center of the Oswego river; thence along the center of the
Oswego river until the center line thereof intersects the projec-

126 LAWS OF NEW YORK. [Chap

tion of the sonth line of lot number four of the town of
Granby; thence westerly to and along the south line of
said lot number four to the southwest corner of said
lot; thence northerly along the west line of said lot
number four to the center line, drawn east and west, of
lot number three, Granby; thence westerly along said center
line of said lot number three to the westerly line of said let num-
ber three; thence northerly along the west line of said lot num-
ber three to the south line of lot number seventy-five, Granby;
thence east along the south line of said lot number seventy-five
to a point intersecting a projection of the center line of D street,
as the same is laid down on the official map of the village of
Oswego Palls, made by O. C. Breed,' dated January ten, eighteen
hundred and ninety-six, adopted by the board of trustees of the
village of Oswego Falls January twenty-three, eighteen hundred
and ninety-six, and a copy thereof filed in the Oswego county
clerk's office January twenty-three, eighteen hundred and ninety-
six, which point is about thirty-one chains and fifty links west-
erly of the northwest corner of lot number four, Granby; thence
northerly along said projected line and the center line of said D
street until the same intersects the center line of Hannibal
street; thence westerly along the center line of said Hannibal
street about six chains and seventy-five links to the line dividing
ownerships of property lying north of said street; thence north
along said line to the north line of lot number seventy-four,
Granby; thence east along the north line of said lot number sov-
enty-four to the center of the Oswego river; thence northerly
along the center of the Oswego river to the place of beginning.

§ 3. Corporate name and powers. — 1. The citizens of the state
of New York from time to time inhabitants within the bounda-
ries of the city of Fulton, as aforesaid, shall be a municipal cor-
poration in perpetuity under the name of the city of Fulton.
The said corporation may take, purchase, hold, sell and convey
real and personal property; it may take by gift, grant, bequest
and devise, and hold real and personal estate in trust for any
purpose of education, art, health, charity or amusement, for
parks or gardens, for the erection of statues, monuments, public
buildings or other public use, upon such terms as may be pre-
scribed by the grantor or donor and accepted by said corpora-
tion, and may provide for the proper execution of said trust, and

63.] ONE IIUJ^DKED AND TWENTY-FlFTn SESSION. 127

may have, use, and from time to time alter, a common seal, may
fine and defend in all courts, and may do anything necessary to
carry into effect the powers granted to it,

2. Towns of Volncy and Oranby. — ^The towns of Volney and
Granby shall hereafter consist of all the territory heretofore
constituting said towns, except those portions thereof embraced
within the boundaries of the city of Fulton; and the territory
embraced within the boundaries of said city, as hereinbefore
described, shall not constitute or be a part of either of the
towns of Volney or Granby.

3. Care of poor. — The said city of Fulton shall also be con-
sidered a town for the purposes specified in chapter two hun-
dred and twenty-five of the laws of eighteen hundred and ninety-
six, entitled "An act in relation to the poor, constituting
chapter twenty-seven of the general laws." And the poor of
said city shall be received and cared for in the county alms-
house in the same manner and on the same terms and condi-
tions as the poor of other towns in the county of Oswego.

4. Succession of liabilities. — The corporation known as the
village of Fulton, and the corporation known as the village of
Oswego Falls, included in the boundaries of said city, are here-
by dissolved, subject to the provisions of this act. The city of
Fulton shall succeed to and be vested with all the rights and
property of the said villages of Fulton and Oswego Falls, and
shall succeed to and be liable for all the liabilities of said vil-
lage corporations, of every name and nature; and every suit,
prosecution, or proceeding commenced by or against said vil-
lage corporations, and pending at the time of the passage of
this act, may be continued by or against and in the name of
either of said villages, or, at the option of the parties thereto,
the name of said city may be substituted instead of either of
said village corporations, and in the name of said city all suits,
actions or proceedings may be continued. All divisions of said
villages into highways, streets, parks and alleys, shall remain,
be and continue such highways, streets, parks and alleys in the
city of Fulton; and all ordinances, rules and regulations of the
boards of trustees of the said villages of Fulton and Oswego
Falls, in force at the time of the passage of this act, shall be
and continue to be in force, and shall have the same force, over
the entire limits of the city of Fulton, as in and by this act

128 LAWS OF NEW YORK. [Chap.

established, until repealed, modified or changed by the common
council of said city, subject, however, to the provisions of this
act. The said common council is hereby authorized and em-
powered, in the name, for and in behalf of the city of Fulton,
to enforce all such ordinances, rules and regulations, and all
contracts with said villages, including collection of debts and
demands, imposition and collection of fines and penalties, prose-
cution and defense of all actions and proceedings, and to do,
take and perform all other acts and proceedings, that may be
or become necessary or proper to carry out and enforce said
contracts, ordinances, rules and regulations, with the same force
and to the full extent as might have been done by or on the
part of the board of trustees of said villages, or by said villages;
and the rights and privileges of all persons or parties that may
have arisen or accrued under, pursuant to or by reason of any
such contract, ordinance, rule or regulation, or otherwise, as
well as any liability that may have arisen by reason thereof,
shall remain and be the same under this act as they would have
been under the village charters of said villages, and all rights
and liabilities of said villages existing at the time of the passage
of this act shall be in no wise affected or changed thereby; but
all actions and proceedings which may be hereafter commenced
to enforce or protect any such accrued or existing rights, privi-
leges or liabilities, shall be brought and prosecuted or defended
by or in the name of the city of Fulton. All rules and regu-
lations pertaining to the government of the fire departments
of the said villages, in force at the time of the passage of this
act, shall remain, be and continue the same under the said city
as under said village governments until repeal thereof and the
adoption of other or further rules and regulations in relation
thereto; and all officers and members of said fire departments
of the villages of Fulton and Oswego Falls shall become and
bo the officers and members of the fire department of the city
of Fulton, and shall perform all the duties devolving upon them
as such firemen, and have and retain all the rights and privi-
lo^os in the same manner and in all respects as if this act
had not been passed, subject, however, to the further provisions
of this act. The ownership and control of all the property and
effects pertaining to or connected with the fire departments of
said villages shall, by virtue of this act, vest in the city of

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 129

Fulton, in the same manner and to the same extent in all re-
spects as the same is now vested in said villages and fire
departments.

5. Revision of ordinances. — The common council of the city
of Fulton shall, as soon as practicable after its organization,
revise all ordinances, rules and regulations passed by any board
of trustees of said villages, and under the powers in it vested
by this act, make such changes, repeals, modifications and addi-
tions, and adopt such new and additional ordinances, rules and
regulations not inconsistent with the laws of the United States
and of this state, as may be necessary and proper.

§ 4. Division into wards; ward boundaries. — The said city shall
be divided into six wards, as follows:

First ward. — All that part of said city west of the Oswego
river and north of the center line of Eeitch street, and the pro-
jection of said line east and west.

Second ward. — All that part of said city west of the Oswego
river and south of the center line of Leitch street, and the pro-
jection of said line east and west.

Third ward. — All that part of said city east of the Oswego
river and south and east of the center line of Broadway from
said river to Seventh street, center of Seventh street to the
center of the Oswego Falls road, known as Wells street, center
of said Wells street to Emery street, and center of Emery street
to the east corporate limits of the city.

Fourth ward. — All that part of said city east of the Oswego
river, contained within the following boundaries: The center line
of Broadway to Seventh street, center of Seventh street to
Buffalo street, center of Buffalo street to Second street, center
of Second street to Rochester street, center of Rochester street
to the Oswego river.

Fifth ward. — All that part of said city on the east side of
the Oswego river between the center line of Oneida street, and
the north boundary of the fourth ward, extended easterly along
the center of W^ells street to Emery street, and along the center
of Emery street to the corporate limits of said city.

Sixth ward. — All that part of said city east of the Oswego
river and north of the center line of Oneida street.

§ 5. Definitions. — The official and fiscal year of the cJty shall
commence with the first day of January in each year. The term

130 LAWS OF NEW YORK. [Chap.

Btreet, as used in this act, includes highways, avenues, alloys,
lanes and sidewalks. The term resolution, as used in this act,
includes all motions, orders, rules, regulations and by-laws,
other than ordinances. The word person, as used in this act,
shall be construed to include all persons, firms, companies, cor-
porations and associations.

TITIiE n.

Officers; Eligibility; Elections; Appointments; Terms of
Office; Compensation; Filling Vacancies.

Section 7. City officers.

8. Supervisors.

9. Eligibility to city offices; vacancy created by change

of residence.

10. Elective city officers enumerated; term of elective

officers.

11. Appointive city officers enumerated; by whom ap-

pointed.

12. Compensation of city officers.

13. Commencement and expiration of term of office.

14. City elections.

15. Canvass of votes at city election.

16. Official salaries, when payable; fees and perquisites,

17. Suspension and removal of appointive city officers,

18. Filling vacancies.

Section 7. City officers. — The officers of the city shall be a
mayor, a city judge, a chamberlain, a city clerk, a city attorney^
a superintendent of public works, seven members of the board
of education, a commissioner of charities, a city physician, a city
engineer, a superintendent of schools, three fire and police com-
missioners, one chief of police, six patrolmen, three commis-
sioners of public works, three members of the board of health,
and so many commissioners of deeds as may be deemed neces-
sary by the common council. The officers of the wards of said
city shall be one alderman and one member of the board of edu-
cation for each ward.

§ 8. Supervisors. — The said city shall be entitled to have three
supervisors; one to be elected by the first and sixth wards, one
by the fourth and fifth wards, and one by the second and third

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 131

wards. The said supervisors shall be elected at the same time
that the city officers shall be elected, on the third Tuesday of
April, nineteen hundred and two, and shall hold office until the
first day of January, nineteen hundred and four. Their success-
ors shall be elected at the general election on the first Tuesday
following the first Monday in November, nineteen hundred
and three, . and each two years thereafter, and shall
hold office for two years from the first day of January
next following their election. The said supervisors shall
have the same powers and duties as the supervisors in the
towns of the county of Oswego, except as otherwise provided by
this act, and shall be members of the board of supervisors of the
county of Oswego, The supervisors shall receive the same com-
pensation allowed by law, in the same manner, as other super-
visors of towns.

§ 9. Eligibility to city offices. — ^No person shall be elected or
appointed to any city office, other than superintendent of
schools, unless he shall at the time be a resident elector of said
city, to any ward office unless he shall at the time be a resident
elector of the ward for which he is elected or appointed, nor to
the office of supervisor unless he shall at the time be a resident
elector of the supervisor district, except that any woman tax-
payer of full age shall be eligible to hold the office of member of
the board of education, provided that at the time of her appoint-
ment, if appointed at large, she be a resident of the city, or, if
appointed from a ward, that she be a resident of the ward from
which she is so appointed. No person shall be elected or ap-
pointed city judge unless he shall have been, for at least three
years previous to his election or appointment, duly admitted to
practice as an attorney and counselor in the several courts of
this state. No person shall be elected or appointed to the office
of mayor, or member of the board of public works, board of fire
and police commissioners, or board of education, unless he or
his wife, shall be the owner of real estate assessed to him or her
on the last assessment roll of the city previous to his election
or appointment. Whenever any officer of said city, other than
superintendent of schools, shall cease to be a resident of said
city, or of the district or w^ard for which he was elected or ap-
pointed, his office shall thereby become vacant. No person shall,
at the same time, hold more than one city office in said city, ex-

132 LAWS OF NEW YORK. [Chap

cept that a commissioner of deeds may hold any other city office,
except the office of mayor or city judge.

§ 10. Elective city officers ennmerated; term of elective ufficers.

1. Elective city officers. — The elective city officers to be elected
by the city at large shall be a mayor and a city judge; the
elective city officers to be elected by each ward shall be one
alderman.

2. Term of elective officers. — Other than as provided by this
act, the term of office of the mayor shall be two years, city judge
four years, alderman two years.

§ 11. Appointive city officers enumerated; by whom appointed;
their term of office. — 1. The appointive officers of the city of Ful-
ton shall be a city chamberlain, a city attorney, a city
clerk, a city physician, three assessors, a commissioner of chari-
ties, seven members of the board of education, three fire and po-
lice commissioners, three commissioners of public works, each of
whom shall be appointed by the mayor; one chief of police, and
six patrolmen, who shall be appointed by the board of flre and
police commissioners; so many commissioners of deeds as the
common council may deem necessary, each of whom shall be ap-
pointed by the mayor, subject to the confirmation of the com-
mon council; a city engineer and a superintendent of public
works, each of whom shall be appointed by the board of public
works; and a superintendent of schools, who shall be appointed
by the board of education.

2. Term of office of appointive officers. — Other than ajs pro-
vided by this act, the term of office of the city chamberlain shall
be two years, of the city clerk two years, of the city attorney
two years, of the commissioner of charities two years, of the
superintendent of schools two years, of the superintendent
of public works two years, of the city engineer two years, of
each member of the board of public works two years, of each
member of the board of education, appointed for a ward, three
years, of the member of the board of education appointed at
large two years, of each police and flre commissioner two years,
of each commissioner of deeds two years, of each member of the
board of health two years, of the city physician two years, of the
assessors two years. The chief of police and patrolmen shall
hold office during good behavior, subject to the regulations of
the police department.

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 133

§ 12. CompensatioE of city officers. — The mayor, aldermen, fire
and police commissioiierB, members of the city board oi* health,
the board of education, and board of public works, ehall
receive no compensation for their services. The annual salary
of the city judge shall be eight hundred dollars; the an.iual sal-
ary of the city chamberlain shall be ten hundred dollars; the
annual salary of the city clerk shall be seven hundred and
twenty dollars; the annual salary of the commissioner of chari-
ties shall be three hundred and fifty dollars; the annual salary
of the city physician shall be three hundred and fifty dollars;
the annual salary of each of the city assessors shall be one hun-
dred and twenty-five dollars; the city attorney shall receive an
annual salary of three hundred dollars, and in addition thereto
may charge and receive, in litigated cases only, such sums as
are allowed by law to be taxed as costs in an action ; the superin-
tendent of public works shall receive such compensation as shall
be determined by the board of public works, not exceeding an
annual salary of fifteen hundred dollars; the city engineer shall
receive such compensation for his services as shall be deter-
mined by the board of public works; the chief of police shall re-
ceive a monthly salary of sixty dollars; the patrolmen, other
rhan special policemen, a monthly salary of forty-five dollars;
the commissioners of deeds shall receive the compensation now
provided by law to be received by them ; the inspectors of elec-
tion, poll clerks and ballot clerks, shall each receive two dollars
per day, for each day occupied in discharging their duties under
the election law. No officer of the city shall be entitled to re-
ceive from the city any compensation for his services other than
provided by this act.

§ 13. Commencement and expiration of term of office. — Except
as is hereinafter provided, the term of office of each officer
of the city, elected or appointed, shall commence with the be-
ginning of the next fiscal and official year, namely, the first day
of January following a general city election, except the office
of chief of police and patrolmen; and the term of office o^ all
officers shall expire on the first day of January of the second
succeeding year, except the office of chief of police and patrol-
man, the office of city judge and member of the board of edu-
cation appointed for a ward; the terra of office of the city judge
shall expire on the first day of January of the fourth succeed-

134 LAWS OF NEW YORK. [Chap

ing year; the term of office of each member of the board of
education appointed for a ward shall commence on the first
day of January succeeding his appointment, and expire on the
first day of January of the third year thereafter; the term of
office of the member of the board of education appointed at
large shall commence and expire with the term of the mayor
appointing him.

§ 14. City elections. — The common council shall provide poll-
ing places, ballot boxes and other necessary apparatus and
material in each election district in said city for all elections
in said city, and the manner of conducting such elections shall,
in all respects, conform to and be governed by the general laws
of this state in respect to elections, not inconsistent with this
act. At each such election, other than as herein provided, a
successor shall be elected to each elective city officer, whose
term of office shall expire with the year in which such election
is held. Public notice of every election under this act, other
than as hereinafter provided, shall be given by the common
council, the notice thereof to be published in the official news-
papers of said city, at least once in each week for two con-
secutive weeks immediately preceding the holding of such elec-
tion, which notice shall designate the officers to be voted for
at such election and the location of each polling place, or by
such notice and in such manner as may be required by the
general election laws of the state. The polls of each general
election and of each special election in said city at which one
or more city officials are to be elected, shall be opened and kept
open and closed, in each district, as provided by the general
laws of the state for general elections, and the inspectors shall
canvass all votes cast for city officers and declare and make
a statement of the result in the same manner as required by
the general laws of the state, and file the same immediately
with the city clerk, other than as provided in this act. The
city clerk shall, at least one week before the date fixed by law
for the first meeting of the board of registry for a city election,
notify each inspector of election, in writing, of his appointment
as such inspector, and of each day for the meeting of the board
of registry in each election district of the city, and of the date
of such election. Every inhabitant of said city who shall, at
the time and place of offering his vote, be qualified to vote for

6:3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 135

member of assembly, shall then and there be entitled to vote
for all officers to be elected by the city at large, and for all
ward officers to be elected in his ward, and the supervisor to
be elected in his supervisor district. To entitle any elector or
voter to vote upon a proposition to raise money by tax or by
bonds, he must be entitled to vote for a city officer, and he or
his wife must be the owner of property in the city assessed upon
the last preceding assessment roll thereof. Except as herein-
after provided, no elector of said city shall vote in any election
district except that in which he shall reside at the time he offers
his vote, and shall have so resided for at least thirty days im-
mediately prior to the election at which he offers his vote. Each
ward of the city shall constitute an election district until some
further division be made pursuant to the general election law.

§ 15. Canvass of votes at general city elections. — The com-
mon council of said city shall meet as a board of city canvassers
on the next Thursday after each general city election. The city
clerk shall present to the common council at said meeting, the
certified statements of the result of such election in the several
election districts of the city, as delivered to him by the in-
spectors of election of such districts. The common council shall
canvass such certified statements and determine and declare,
the whole number of votes cast for all the candidates for each
office to be filled at such election, the number of votes cast for
each such candidate and the person elected thereto. The person
having the greatest number of votes for the respective offices
shall be declared duly elected. In case of a tie the mayor and
common council shall fill such office by appointment for the
full term. The city clerk shall enter such determinations and
declarations in the minutes of the meeting of the common
council.

§ IG. Official salaries, when payable; fees and perquisites. — The
salaries of city officers shall be payable in monthly instal-
ments. The compensation as fixed bv this act for the several
officers shall be in full for all services which they shall, re-
spectively, perform for said city in any and all capacities. AH
fees and perquisites received by such officers shall, other than
as specially provided by this act, be paid into the treasury for
the benefit of the general city fund.

136 LAWS OP NEW YORK. [Chap

§ 17. Suspensions and removals of appointive city officers. —
The mayor, common council and each city board, having ap-
pointive powers, may remove without trial any city officer ap-
pointed by them, except members of the board of education,
for dishonesty, incapacity, neglect of duty, or other irregular-
ities, but the reasons for such removal shall be immediately
filed in writing with the city clerk.

§ 18. Filling vacancies. — Other than as provided in this act,
if a vacancy shall occur in any elective office of the city, other-
wise than by expiration of term, the mayor shall appoint a per-
son to fill such vacancy for the balance of the unexpired term.
A vacancy occurring in an appointive office of the city, otherwise
than by expiration of term, shall be filled for the balance of the
unexpired term by the same authority and in the same manner
as an appointment for a full term.

TiTiiE m.
City Officers; Their General Powers and Duties.

Section 20. Official oath required by all city officers.

21. Official bond of city officers.

22. Liability of city officers for unauthorized expendi-

ture and other official misconduct.

23. When expenditures to be by contract to the lowest

bidder.

24. City officers authorized to administer oaths and

take affidavits and acknowledgments.

25. General powers and duties of the mayor.

26. General powers and duties of the city chamberlain.

27. General powers and duties of city judge.

28. General powers and duties of city clerk.

29. The city attorney.

30. General powers and duties of city engineer.

31. General powers and duties of the superintendent of

public works.

32. The aldermen.

33. The assessors.

34. City physician.

35. Powers and duties of supervisors.

36. Powers and duties of other city officers.

37. Payments of money must be made from and into

general city fund when not otherwise provided.

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 137

Section 20. Official oath required of all city officers. — Each
officer of the city shall, before he enters upon the duties of his
office, take and file his official oath in accordance with article
thirteen of the constitution and section ten of the public officers'
law, and for omission so to do he shall be subject to all the lia-
bilities and penalties prescribed by section forty-two of the
penal code and sections thirteen, fifteen and twenty of the public
officers' law. Each mayor, clerk, city judge and commissioner
of deeds, shall, forthwith upon his election or appointment, file
a certificate from the city clerk of his election or appointment
with, and also take and subscribe the constitutional oath of
office, before the clerk of the county of Oswego.

§ 21. Official bond of city officers. — Each city clerk, city engi-
neer, superintendent of public works, commissioner of charities
and city judge shall, before he enters upon the duties of his
office, execute and file an official bond in accordance with section
sixteen of the statutory construction law and sections eleven,
twelve and thirteen of the public officers' law, and for omission
so to do shall be subject to the penalties and liabilities pre*
scribed in section forty-two of the penal code, and sections thir-
teen, fifteen and twenty of the public officers' law; other than
as herein provided, the penal sum named in any such bond, or the *
sum specified in any such undertaking as the maximum amount
of liability thereon, shall be fixed by the common council.

§ 22. Liability of city officers for unauthorized expenditures and
other official misconduct. — No officers of said city or other person
shall have power or authority to make any purchase in
behalf of, or on the credit .of, the city or to contract any debts
or liabilities against the city, unless authorized so to do by or
in pursuance of the provisions of this act, and no account, claim
or demand -of any kind shall be allowed or paid unless so author-
ized. If any officer of the city shall vote for any appropriation
or for the payment or expenditure of any moneys, not author-
ized by or in pursuance of law, such officer shall be liable to a
penalty of one hundred dollars, to be recovered by the city in a
civil action and shall be guilty of a misdemeanor. If the com-
mon council or any city board shall pass any resolution author-
izing or purporting to authorize any expenditure of money by
the city for any purpose, exceeding the amount authorized by
or in pursuance of law, to be expended in any year, by the com-

138 LAWS OF NEW YORK. [Cuav

luon council or any city board, each officer voting for such reso-
lution shall be personally liable for the amount thereof, and
each officer present in the meeting at the passage of the reso-
lution shall be deemed as voting for the resolution, unless his
dissent thereto is entered upon the minutes of the meeting at
which such resolution was passed, but the city of Fulton shall
not be liable therefor, and neither the common council nor anv
city board or city officer shall pay any debt or expenditure bo
contracted or made. If any officer of the city authorized to
make any contract in his official capacity", or to take part in
making any such contract, becomes directly or indirectly inter-
ested in such contract, he shall be liable to the penalty pre-
scribed by section four hundred and seventy-three of the penal
code. If any person, having been an officer of said city, whose
term of office has expired shall not within five days after noti-
fication and request, deliver to his successor in office all prop-
erty, papers and effects of every description in his possession
or under his control belonging to the said city, or appertaining
to such office, he shall be liable to a penalty of one hundred dol-
lars, to be recovered by the city in a civil action, together with
all damages caused by his neglect or refusal, and he may also
be proceeded against, as provided in section two hundred and
forty seven of the code of civil procedure, and section fifty-seven
of the penal code.

§ 23. When expenditures to be by contract to the lowest bidder.
' — Whenever any expenditures to be made or incurred by
the common council or city board or any city officer in behalf
of the city for work to be done, or materials or supplies to be
furnished, except ordinary repairing and macadamizing of
streets, shall exceed two hundred dollars, the city clerk shall
advertise for and receive proposals therefor, in si>ch manner
as the common council, or as the board or officer charged with
making such contract shall prescribe, and the contract therefor
shall be let to the lowest responsible bidder, who shall execute
a bond to said city with sufficient sureties, for the faithful per-
formance of the contract. When the lowest bid, in the opinion
of the board or officer charged with making the contract is too
high, they shall have the right to reject it, and may discontinue
or abandon the work or may direct the clerk to advertise for
new proposals, or such work may be done by such board op

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 139

officer without public letting, if the common council by resolu-
tion consent thereto.

§ 24. City officers authorized to administer oaths and take affi-
davits and acknowledgments. — Each mayor, clerk, city judge and
commissioner of deeds of the city shall have the same power
and authority to administer oaths and take and certify affi-
davits and acknowledgments as a justice of the peace of towns
in the county of Oswego.

§ 25. Gkneral powers and duties of the mayor. — The mayor
shall be the chief executive officer of the city and shall have
and exercise all the powers conferred upon him by this act. It
shall be his duty to see that the laws of the state and the
ordinances and by-laws passed by the common council and the
boards of the city are faithfully executed within the city. lie
shall sign, on behalf of the city, all contracts made by it, and
cause the seal of the city to be affixed thereto. He shall, when
present, be the presiding officer of the common council He
shall have power and authority to call out and command the
police and firemen of the city whenever, in his discretion, he
shall deem it necessary, and such command shall be in all re-
spects obeyed. Whenever necessary for the prevention or sup-
pression of public disturbances, mobs or riots, it shall be his
duty to take such action as is authorized by chapters three and
four of title two, part two of the code of criminal procedure,
section one hundred and sixty-two of the military code, and
section twenty-one of the general municipal law. It shall be
his duty to exercise a constant supervision and control over the
conduct of all city officers, and he shall have power and author-
ity to examine, at all times, the books, vouchers and papers of
any board, officer or employee of said city, and to take and
hear testimony and proof in pursuance of section eight hundred
and forty-two to eight hundred and sixty-nine of the code of
civil procedure. He may in writing filed with the city clerk
designate from time to time the place in said city where he
will keep his office. It shall be the duty of the mayor to com-
municate to the common council as soon after his election as
practicable, and as often thereafter as he may deem expedient,
a general statement of the affairs of the city in relation to its
finances, government and improvement, with such recommend-
ations as he may deem proper.

140 LAWS OF NEW YORK. [Chap.

§ 26. General powers and duties of the city chamberlain. — Tlie
city chamberlain shall be the fiscal officer of the o'ty, and
Bhall perform such duties incident to his office as the common
council may require. He shall keep an office at such place aa
the common council shall provide and designate, which shall be
kept open each day in the year, except Sundays and legal holi-
days from nine o'clock in the forenoon until four o'clock in the
afternoon, except between the hours of twelve and one, and at
such other hours as the common council may, from time to time
direct. He shall keep separate accounts of the different funds
of the city, and shall not pay out any money chargeable to any
fund in excess of the amount standing on his books to the credit
of such fund, and shall not knowingly pay money from any fund
which is not properly chargeable thereto. The city chamber-
lain shall, before the first meeting of the common council in each
month, file with the city clerk a report showing in detail the total
expenditures and receipts of city moneys during the last pre-
ceding calendar month, a summary statement of the receipts
and expenditures of city moneys during that portion of the cur-
rent fiscal year expiring with the last day of each preceding
month, and the balance at the end of such month standing to
the credit of each of the city funds. Such statement shall be in
such form as shall be prescribed, from time to time, by the com-
mon council. An abstract of such report shall be published
each month, at least once, in the official newspapers of the city.
Before entering upon the duties of his office, and within fifteen
days after he shall have received official notice of his appoint-
ment, the city chamberlain shall execute and file an official bond
with two or more sureties or some solvent surety company, in
such penal sum as may be fixed by the common council, not less,
however, than twenty-five thousand dollars, in accordance with
section sixteen of the statutory construction law and sections
eleven, twelve and thirteen of the public officers' law; and for
omission so to do, he shall be subject to the penalties and liabili-
ties prescribed by section forty-two of the penal code, and sec-
tions thirteen, fifteen and twenty of the public officers' law.
^n^'h hond slijill ho npproved by the common council, a certificate
by the city clerk of such approval shall be endorsed thereon, and
rh<? bond so »*ndors(»d shall be tiled and recorded in the clerk's
office of the county of Oswego, in the same manner as the offl-

03.] OXE HUNDRED AND TWENTY-FIFTH SESSION. 141

fial bonds of town collectors, and such bond shall be a lien on
all property of such chamberlain and of each of such sureties in
the county of Oswego until the conditions of such bond, together
with all the costs and charges which may accrue upon the prose-
cution thereof, shall be fully satisfied, whereupon the common
council shall, by resolution declare that such bond is satisfied
and a copy of such resolution, duly certified by the city clerk,
may be filed and recorded in the oflBce of said county clerk and
shall operate to discharge the bond and the lien thereof from
record. A true copy of such bond and certificate shall be filed
in the city clerk's oflBce. It' shall be the duty of the chamber-
lain, personally to receive all state, county, city and local taxes
and assessments which may be paid at such oflBce. All funds
received by him shall be deposited daily in the national banks of
the city equally as may be and an equal balance, as near as may
be, shall be kept on deposit in each of such banks. He shall pay
no money except by checks consecutively numbered, each show-
ing the number of the order paid thereby, by what authority
ordered and by what fund payable. The chamberlain shall re-
tain in his office and not elsewhere, the possession of the war-
rants and assessment-rolls which may from time to time, be de-
livered to him by the clerk of the city. He shall enter, daily, in
suitable books all sums of money received by him for taxes or
otherwise, with the name of the person or corporation on whose
account the same shall be paid, and shall when required exhibit
the same in his office to the mavor and finance committee of the
common council or to any taxpayers for inspection. He shall
also enter in a column in the assessment-rolls in his possession,
opposite the names of the persons or corporations who shall pay
their taxes or assessments, the fact of payment, the amount
thereof and the date when paid. He shall also keep a record of
all persons, and their respective addresses, who may pay taxes
for non-residents of said city, and the residence of such non-resi-
dents, so far as he can ascertain the same. The chamberlain
shall be the custodian of all securities, obligations and other
evidence of debt belonging to said city. He shall annually set-
tle with the common council, and as much oftener as it may re-
quire, for all tax rolls and warrants issued to him, and for all
moneys received or collected by him for school or other pur-
poses and produce the proper vouchers of the board of educa-

142 LAWS OF NEW YORK. [Chai*

tion and other boards and oflficers for all money paid upon the
warrants, drafts or orders of said oflBcers or boards. At the
time of the annual settlement and immediately preceding the
expiration of his term of office, or within such time after the
annual settlement as the common council may fix, he shall pay
to his successor in office all such moneys remaining in his hands
and deliver to such successor in office all assessment-rolls^
books, papers and property belonging to said city or pertaining
to the affairs of the city in connection with the duties of his
office.

§ 27. (Jcneral powers and duties of city judge. — The city judgt*
shall be the judge of the city court which shall have both civil
and criminal jurisdiction. He shall possess all the jurisdiction,
power and authority in both civil and criminal actions and pro-
ceedings as are or may be vested in justices of the peace of a
town, together with such other jurisdiction, powers and duties
as are conferred upon him by this act, and shall be entitled to
the same fees in civil and criminal actions and proceedings as
Buch justices of the peace, except as hereinafter specially pro-
vided.

§ 28. General powers and duties of the city clerk. — ^The city
clerk of said city shall be clerk of the common council, of the
board of public works, of the board of fire and police commis-
sioners, board of health and shall be the registrar of vital statis-
tics of said city. He shall perform such other duties incident
to his office as may be required by the common council or by
any such board. He shall keep the minutes of the common
council and of each board of which he is clerk, and shall record
In books to be kept for that purpose, all proceedings of the com-
mon council and of each such board, and index the same. He
shall keep an office at such place as the common council shall
provide and designate. He shall have charge and custody of the
corporate seal, books, papers, documents and official minutes of
the city, except as otherwise provided by or in pursuance of law.
He shall keep a book, and alphabetically index and record
therein all bonds of the city officers as well as all contractors*
or other bonds running to the city or any of its officers, and not(»
therein the date of filing each such bond. He shall, upon re-
quest and payment of the fees therefor, make certified copies of
all records and documents in his possession or under his control.

«;{.] ONE HUMDliED AND TWENTY-FIFTH SESSION. 14

as such clerk, and may affix the corporate seal of the city to
any such certificate, and such seal shall be deemed to be his
official seal, and any such certified copy shall be evidence as
provided in section nine hundred and thirty-three of the code of
civil procedure. He shall be entitled to demand and receive
fees for such certified copies, at the rate of ten cents per folio,
from each person other than a city officer, upon whose request
any such certified copy is made and delivered for the use of the
city. He shall keep an accurate account of all fees and moneys
received by him as such clerk, other than his salary, including
fees received by him as registrar of vital statistics, and shall,
on or before the tenth day of each month, pay over all such
fees and moneys received by him, as such clerk, during the
month immediately preceding, to the city chamberlain to the
credit of the general city fund, for which he shall take a receipt
and file the same in his office. Such receipt shall, at all times,
be subject to examination by the common council, or any mem-
ber thereof. His office is hereby declared a town clerk's office,
for the purpose of depositing and filing therein, all books and
papers required by law to be filed in a town clerk's office and
he shall possess all the powers and discharge all the duties of a
town clerk not inconsistent with this act.

§ 29. The city attorney. — The city attorney shall be the sole
official advisor of the common council and all the boards and
other officers of the city including the assessors. He shall when
directed by the common council prosecute and defend all actions
and proceedings by and against the city and every department
thereof, and perform such other professional services relating
to said city as the mayor or common council may direct. He
shall when required prepare all legal papers, contracts, deeds
and other instruments for the city and the different depart-
ments thereof. The city attorney shall, at the expiration of
his term of office, hand and deliver to his successor in office, as
soon as qualified, the record or register of all actions or pro-
ceedings in which the mayor, city or any of its departments
may be a party and also all papers on the part of the city there-
in, and also sign stipulations substituting said successor as at-
torney for the city in such actions or proceedings, to the end
that an order of substitution may be entered in such actions or
proceedings. All costs in litigated cases, wherein the city is

144 LAWS OF NEW YORK. [Chap

Buccessful, shall belongf to the city, and when collected shall be
paid to the chamberlain and credited to and form a part of the
general fund of the city.

§ 30. General powers and duties of city engineer. — The city
engineer shall perform all of the city engineering required by the
board of public works and by the other departments and the
other officers of the city. He shall make all preliminary surveys
for the opening, making, constructing, paving, macadamizing, re-
pairing, grading and establishing the grade of all streets, side
and crosswalks, gutters, sewers, sewer inlets and the measure-
ments of all work done on the same or on other public places
in the city, and prepare plans, profiles and specifications there-
for, when necessary, or when required by the board of public
works, and shall perform such other duties as may, from time
to time, be required by the board of public works, and shall
have the supervision of all work requiring the services of an
engineer. He shall have no power to contract any liability or
debt on the part of the city. He shall keep in his office books
and records of all surveys and maps of streets, avenues and
lanes and the grade thereof, and sidewalks, water-mains, sewers
and sewer inlets with location and grade thereof. Such books,
records and maps, made by the city engineer or purchased by
the city shall be properly indexed, and shall be the property
of the city, and transmitted with all other matters pertaining
to his office to his successor.

§ 31. General powers and duties of the superintendent of public
works. — ^The superintendent of public works shall under the
direction of the board of public works have the general care
and management of the water works, sewers and all other
public works within the jurisdiction of the board. He shall
present at each regular meeting of the board of public works a
pay roll of each department in such form as the board of public
works may prescribe, verified by his oath, setting forth the work
done for the city in each department under his charge since the
last pay-roll, and specifying the name of each person employed,
the time employed, rate of wages, and the amount due each
employee. Said pay-rolls when audited shall be paid from the
fund of said city, on account of which said work was performed
or expenses incurred.

C3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 14B

§ 32. The aldermen.— It shall be the duty of every alderman
to attend the regnlar and special meetings of the common coun-
cil; to act upon committees when appointed by the mayor or
common council; to arrest or cause to be arrested all persons
violating the laws of the state, or ordinances, by-laws or police
regulations of the city when such violations are committed in
his presence ; to report to the mayor all subordinate officers who
are guilty of any official misconduct or neglect of duty; to aid
in maintaining peace and good order in the city, and to perform
or assist in performing all such duties as are by this act en-
joined upon the aldermen of said city separately or upon the
common council thereof. The 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 law to fence viewers of towns with respect to division
fences, and shall be entitled to receive for their own use, the
same fees as fence viewers of towns.

§ 33. The city assessors. — ^The city assessors shall perform all
the duties required of them by this act in relation to the
assessment of proi)erty in said city, and to that end they shall
perform all the duties and possess all the powers and authority
of town assessors, except as modified by this act.

§ 34. City physician and health officer. — The city physician
shall, by virtue of his office, be the health officer of the city.
It shall be his duty to perform all duties imposed by law upon
such health officer, and under the direction of the commissioner
of charities, to visit at their place of abode such of the poor of
the city as may be ill and give medical attention and care, and
cause to be supplied such medicines as their condition shall
require. All accounts for medicine furnished upon his order or
the order of the commissioner of charities, shall be audited by
the common council and paid from the poor fund of the city.

§ 35. Powers and duties of supervisors. — The supervisors of
the city of Fulton shall have the same powers and duties as
supervisors in the towns of Oswego county, and shall be mem-
bers of the board of supervisors of the county of Oswego.
They shall receive the same compensation allowed by law, in
the same manner as supervisors of towns. The supervisors
elected or appointed and qualified under this act shall be recog-

146 LAWS OF NEW YORK. [CHAr

nizcd by the board of supervisors of Oswego county and be
allowed to take their seats as members of said board and par-
ticipate in all the deliberations and proceedings of said board
during their term of office, and each of the two wards of said
city hereinbefore designated shall at all times be entitled to the
8ame representation as the towns of Oswego county. Other
than as provided by this act their term of office shall begin on
the first day of January next after their election, iney shall
also discharge all other duties imposed upon them by this act.
Each of said two wards of said city shall be regarded as a town
of Oswego county for the purpose specified in title three, chap-
ter ten, article second of the code of civil procedure respecting
the selection, drawing and procuring the allowance of trial
jurors. The supervisors of each said two wards respectively
and the city clerk and assessors of said city shall perform in
said wards the duties prescribed in said article. A duplicate
of each list of jurors selected by them respectively shall be
filed in the office of the clerk of said city, which shall be deemed
a town clerk's office for that purpose. The supervisors and the
clerk and assessors of said city shall meet in the clerk's office at
the time provided by law, and proceed to discharge the duties
imposed upon them by the code of civil procedure as aforesaid,
and by this act; and the list made by them, each supervisor
acting for the wards only, for which he was elected, shall con-
stitute the list of persons to serve as trial jurors for the ensu-
ing three years. The supervisors elected under this act and the
clerk and assessors of said city shall meet every third year
thereafter for the same purpose and make and file lists so
required of them. A copy of each such list so prepared shall be
immediately certified to the city judge by the city clerk.

§ 36. Powers and duties of other city officers. — The powers
and duties of all other city officers shall be such as are here-
after prescribed in this act, or when not so prescribed, as pro-
vided by existing general laws applicable to such officers.

§ 37. Payments of money must be made from and into the
general fund when not otherwise provided. — Other than as herein
provided, all moneys belonging to said city shall be paid
to the chamberlain thereof and deposited to the credit of the
general city fund; and all payments of money made by said city
or bv anv board or officer thereof, when authorized by or in

63.] ONE HUNDRED AND TWENTYFIFTH SESSION. 147

pursuance of law, when the fund from which such payment is
to be made is not otherwise designated, shall be made from the
general city fund.

TITLE IV.
The Common Council.

Section 40. Organization and procedure of the common counclL

42. Mayor's approval or veto.

43. Time of taking effect of resolutions and ordinances.

44. Division of funds and maximum amount of annual

city tax levy.

45. Funds not to be transferred; penalty.

46. Annual reports and estimates by boards and offi-

cers.

47. Financial reports.

48. General legislative powers.

49. Improvements, and removal of nuisances at expense

of owners.

60. Control of finances; and property; ordinances, rules

and regulations of the common council.

61. Violation of ordinances.

52. Licensing occupations.

53. Change of ward boundaries.

54. OflBcial newspapers.

55. Officers not to be interested in contracts or pur-

chases.
66. Rules and regulations for transaction of city busi-
ness.

Section 40. Organization and procedure of the common council.—
The mayor and aldermen of said city shall constitute the
common council thereof. At all meetings of the common coun-
cil each alderman present shall have one vote. At the first
meeting of the common council in each official year or as soon
thereafter as practicable, the common council shall choose one
of the aldermen to be its president, who shall during such offi-
cial year, be the presiding officer of the common council in the
absence of the mayor; and while the mayor is absent from the
city or unable to perform his duties, said presiding officer shall
be acting mayor, and have all the powers and duties, and be sub-

148 LAWS OF NEW YORK. [C

ject to all the oblig^tiops and liabilities of the mayor. The
president of the common council shall not lose his vote as alder-
man by reason of his acting as presiding officer of the common
council at any time, but when he shall vote as an alderman, he
shall have no casting vote on a tie. The common council shall
hold regular or stated meetings on the first Tuesday evening in
each month in the common council rooms, and at such other
times as they shall by resolution designate. The mayor, or in
his absence, the president, or any three alderman may call
special meetings by notice in writing, served personally upon
the other members of the council, or left at their usual place of
abode at least two hours before such meeting. The common
council shall determine the rules of its own proceedings. The
attendance of absent members may be compelled by the com-
mon council, or by a meeting thereof, at which less than a
quorum is present, by the entry of a resolution and order in the
minutes, directing the chief of police or any police officer of the
city to arrest such absent member and bring him before the
common council at»the meeting at which such member is absent
or the next, or some subsequent meeting of the common couni:il,
to answer for his neglect. A majority of the common couuoiU
including the mayor as a member thereof, shall be a quorum for
the transaction of business, but a smallef number may adjourn
from time to time. A- majority of the aldermen present and
voting at any meeting of the common council at which a quorum
shall be present shall be sufficient to pass any resolution or
ordinance, except that no resolution authorizing or involving the
expenditure of money by a tax or assessment shall pass unless
it I'eceive the assent of a majority of all the aldermen in office.
The ayes and noes shall be called and recorded on all resolutions
and appointments when demanded by any member. All meet-
ings of the common council shall be public.

§ 42, Mayor's approval or veto, — Every resolution or ordinance
of the common council, except rules for its own govern-
ment and resolutions for the appointment of officers, shall, be-
fore it takes effect, be presented, duly certified by the clerk, to
the mayor. If the mayor approve thereof, he shall sign it
within ten days after receipt thereof by him and file it so signed
with the city clerk. If the mayor does not approve it, he shall,
within ten days after receipt thereof by him, return it to the city

€3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 149

clerk with his objections thereto in writing, and a statement
that he does not approve thereof, and it shall have no force or
effect on less the common council shall at the next meeting re-
consider it and pass it over the mayor's veto by the concurring
vote of at least two-thirds of the total number of aldermen in
office, which vote shall be .taken by ayes and noes, and entered
on the minutes, together with the objections of the mayor. If
any such resolution or ordinance so presented to the mayor
shall not be returned by him to the city clerk within ten days
after the receipt thereof by the mayor, it shall, at the expiration
of such ten days, have the same force and effect as if it had been
approved by him and filed with the city clerk. If any such
resolution contain one or more items appropriating money, the
mayor may sign it with a written statement appended thereto,
that he objects to one or more of such items, and each item so
objected to shall have no force or effect unless such items be
reconsidered separately by the common council and passed over
the mayor's veto in the same manner as a resolution wholly
vetoed. Except rules for the government of the common coun-
cil and appointments to office, no resolution or ordinance of the
common council shall have any force or effect or be deemed to
have been enacted by the common council, unless either it be
approved by the mayor or be not returned to the city clerk
within ten days after the receipt thereof by him, or unless it be
passed over the mayor's veto in pursuance of the provisions of
this section.

§ 43. Time of taking effect of resolutions and ordinances. — Any
resolution or ordinance enacted by the common council may
specify the time when it shall take effect, but no ordinance shall
take effect until after its publication at least once in the official
newspapers of the city, notwithstanding the provision therein of
a previous time for its taking effect. If no time be provided in
any such resolution or ordinance for its taking effect, or if it
specify that it take effect immediately, it shall take effect on its
approval by the mayor, if he approves it; or, if he fails to re-
turn it to the clerk within ten days after the receipt thereof by
him, it shall take effect on the eleventh day after such receipt
thereof by the mayor; or, if he returns it with his disapproval
and it be passed over his veto, it shall take effect at the time of
its passage over his veto.

150 LAWS OF NEW YORK. [Chai>

§ 44. Division of funds and maximnm amount of annual city tax
levy. — The common council may raise by tax upon the real
and personal property assessable in the city in each year cer-
tain amounts, which shall be estimated and designated for the
following purposes :

1. A sum necessary for defraying the expenses of supplying:
and keeping in good condition and repair the engine houses,
engines, hose-carts, hook and ladder carts, fire alarm telegraph
and other apparatus deemed necessary for the extinguishment
of fires, and for paying the salaries and wages of oflBcers and em-
ployees of the fire department, to be designated the fire fund.

2. For the payment of the expenses of the police department,
including the salary of the city judge and the salaries of the
officers of said department, to be designated the police fund.
Said fire and police funds shall be under the control of the
board of fire and police commissioners, and shall be paid out
only on its order, signed by the president of said board and
countersigned by the city clerk.

3. For paving and repairing pavements, constructing, relaying
and repairing sidewalks, and keeping in order the streets, cross-
walks, gutters, lanes, public places and grounds of said city, to
be designated the improvement fund.

4. For defraying the expenses of constructing, repairing and
keeping in order the sewers, paying the principal and interest
on the sewer bonds, and the salaries or wages of persons em-
ployed to care for and maintain the sewer system, to be desig-
nated the sewer fund.

5. A sum necessary for lighting the streets and public build-
ings of the city, (and, if the city shall acquire a lighting plant,
the expenses of constructing and maintaining all necessary ap-
paratus and fixtures connected therewith, and the salaries and
wages of employees necessary for said plant), to be designated
the light fund.

6. A sum necessary for supplying water to the public build-
ings of the city, for the extinguishment of fires, the payment of
principal and interest on the water bonds, the services of per-
sons employed in the water works department, and the supplies
necessary for oaid department, to be designated the water fund.

7. For the services of the superintendent of public works, his
assistants, and other persons employed by the board of public

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 151

works, other than in the light and water departments, and the
erection and maintenance of bridges and culverts, to be desig-
nated the public works fund. Said improvement fund, sewer
fund, light fund, water fund, and public works fund shall be
under the control of the board of public works, and shall be
paid out only on its order, signed by the president of said boards
and countersigned by the city clerk.

8. A sum necessary for the payment of the expenses of the
department of charities, including the salaries of the commis-
sioner of charities and city physician, to be designated the poop
fund.

9. A sum necessary for defraying general and contingent ex-
penses; for the payment of all salaries and other expenses not
otherwise provided for; and sums raised for the public library;
to be designated the general city fund. Said poor fund and
general city fund shall be under the control of the common
council, and shall be paid out only on its order, signed by the
mayor or the president of the common council, and countersigned
by the city clerk.

10. Such a sum as shall be necessary to pay all of the expenses
of the schools of the city, to be designated the school fund.
Said school fund shall be under the control of the board of
education, and shall be paid out only on its order, signed by
the x^resident of said board, and countersigned by its clerk.

The aggregate of the annual tax levy for all purposes in this
section above provided, except the principal and interest on the
bonded indebtedness of the city, shall not exceed the rate of
one and one-half per centum of the assessed valuation of the
real and personal property liable to taxation in said city, as
the same shall appear from the assessment roll of said city for
the current year. In addition to the amounts which shall be
included in the annual tax levy for the foregoing purposes, there
shall be included such an amount as shall be certified by the
board of supervisors as hereinafter provided, to be the city's
share of the state and county tax levy, such amounts as shall
be necessary to meet the principal and interest on the bonded
and other indebtedness of the city, falling due during the fiscal
year for which the tax is levied, and to meet all indebtedness
remaining unpaid on all judgments against the city, and such
fui'ther sums as shall have been voted at a regular city election.

152 LAWS OF NEW YORK. [Chap

or at a special city election called for the purpose, and also such
other sums as the common council, or the boards of said ^ty,
are authorized to expend for purposes specified in this act.

§ 45. Funds not to be transferred; penalty. — No fund or por-
tion of a fund provided for by this act shall be transferred to
any other fund, or used for any other purpose whatever except
the purpose for which the same is provided, except, however,
the board of public works may, whenever the receipts of the
water department exceed the sums necessary to provide for the
sinking fund to meet the principal and interest of the water
bonds, and pay the current expenses of the water department,
transfer any surplus remaining to the improvement fund to be
used in payment of the principal and interest of bonds issued
or liabilities incurred for the city's share of pavements or side-
walks; and except that the surplus of any fund, raised for a
special purpose, remaining to the credit of such special fund
after such purpose has been accomplished may, by resolution
of the common council, be transferred to the general city fund.
Any officer or member of a board of the city, violating the pro-
visions of this section shall forfeit a penalty of one hundred
dollars to be sued for and recovered by and for the benefit of
the city, and in addition thereto, shall be guilty of a misde-
meanor.

§ 46. Annual report and estimates by boards and officers. —
Between the first and fifteenth days of October in each year
the board of public works, the board of fire and police commis-
sioners, the board of health, the commissioner of charities, and
the board of education shall estimate in detail the expenses and
income of their respective departments for the next fiscal year
and shall certify such estimates to the common council. The
board of fire and police commissioners shall also include in its
report an estimate of the amount which will probably be paid
into the city treasury during the next fiscal year from excise
taxes and for fees of patrolmen in criminal and civil proceed-
ings. The city judge shall present an estimate of the amount
of fines and penalties that, in his judgment, will probably be
received by the city judge during the next fiscal vear. The citv
clerk shall also make a detailed statement by items of all the
expenses of the city as estimated by it for the next fiscal year.
The city clerk in his report shall also make a statement in detail

03.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 153

of all judgments against the city then remaining unpaid, and
an itemized statement of the principal and interest of all bonded
and other indebtedness of the city that will fall due during the
next fiscal year. The city chamberlain in his report shall also
make a statement in detail of the amount of unpaid taxes and
local assessments theretofore assessed and remaining unpaid
and the amount which, in his judgment, will probably be re-
ceived by the city therefrom during the next fiscal year; all ex-
penditures made or incurred by the city chargeable to property
owners or other persons and remaining unpaid and the amount
which, in his judgment, will probably be received by the city
during the next fiscal year. The common council shall cause
Buch estimates and statements to be published in the official
newspapers of the city during the next week preceding its last
regular meeting in the month of October. At that meeting or
at any meeting to which an adjournment may be had, not later
than the fifteenth day of December next following, it may revise
such estimates, except that of the board of education, the board
of public works in respect to the water department and the
amount due on judgments and the bonded indebtedness of the
city, and determine the entire amount necessary to be raised
to defray the expenses of the city for the ensuing fiscal year.
Said common council may by a vote of two-thirds of its members
reduce any estimate except as above provided, but shall not
increase any of the estimates of the various boards and officers
aforesaid, and shall immediately levy the aggregate amount
taxed, ascertained and determined together with the city's pro-
portion of the county and state tax certified by the board of
supervisors, and any special tax which shall. have been voted
OP is to be raised with the annual tax levy.

§ 47. Financial reports. — Each of the officers and boards speci-
fied in the last section otherwise than as provided in this act,
shall, at the close of the fiscal year, make a written report to
the common council of all expenditures made or incurred by
said officers or said board during such year, showing separately
and by items the amount expended from each fund which may
be drawn on by such board, and the balance standing to the
credit of each such fund. All officers and boards receiving any
money, other than that raised by taxation, shall, in such report
make an itemized statement of the sum received by them,

154 LAWS OF NEW YORK. [Chap.

specifying the date of such receipt, the amount thereof, and the
person by whom the same was paid.

§ 4cS. General legislative powers. — The general legislative pow-
ers of eaid city for all proper municipal purposes, except
such power as may be vested in other city boards or officers,
shall be vested in the common council. The common council
shall furnish the officers of the city with necessary office room,
office furniture, books and stationery; shall keep in proper re-
pair the public buildings of the city; may authorize any city
officer to inspect any place or places to ascertain whether the
same are in safe condition, and if not, may require the same to
be made so; may require any officer of the city to furnish re-
ports, information or estimates whenever deemed proper by the
council; may employ a pound keeper, a sealer of weights and
measures, and such other employees of the city as may be neces-
sary to execute the work which the common council is author-
ized and required to cause to be executed, and may fix their
compensation.

§ 49. Improvements and removal of nuisances at expense of owner.
— The common council shall have power to compel the owner
or occupant of any building or wall which it may deem to be
in a dangerous or unsafe condition by reason or on account
of fire or otherwise to render the same safe or to take down and
remove the same, and in case of his neglect so to do, to cause it
to be taken down or removed at the expense of the owner or
occupant; to direct the owner or owners of any building used
for public entertainments or other public purposes to provide
the same with suitable and sufficient fire escapes, in the manner
provided by the common council, and in case of the failure or
neglect of such owner so to do, to cause such work to be done
at the expense of the owner; to authorize any city officer or any
person designated by the common council to inspect any place
or places to ascertain whether the same are in a safe condition,
and if not, to require the same to be made safe, and if the owner
thereof shall neglect or refuse so to do, to cause the same to be
made safe at the expense of the owner.

§ 50. Control of finance and property; ordinances; rules and regu-
lations of common council. — The common council shall exercise
all the corporate powers conferred by this act, and, other
than as provided by law or this act, shall have th'* manage-

f)3.] OXE HUNDRED AND TWENTY-FIFTH t>ESSION. 155

raent and control of the finances and of all the property, real
and personal, belonging to said corporation, other than as pro-
vided in this act, and shall have power, within said city, to
make, establish, publish and modify, annul and repeal ordi-
nances, rules, regulations and by-laws, for any of the purposes
heretofore specified in this act, and for the following additional
purposes :

1. To prevent vice and immorality, to preserve peace and good
order, to prevent and quell riots and disorderly assemblages.

2. To license, regulate or prohibit the exhibitions of showmen,
and shows of every kind, and the exhibitions of any natural or
artificial curiosities, caravans, circuses, menageries and theat-
rical presentations.

3. To direct the location of all houses for storing gun-powder
and other combustibles and explosives, and to regulate the keep-
ing, selling and conveyance thereof, and the use of candles and
lights in barns, stables and outbuildings.

4. To prevent or regulate coasting or bicycle riding in the
city.

5. To restrain the running at large of cattle, horses, swine,
sheep, goats and geese, and to authorize the distraining, im-
pounding and sale of the same for the penalty incurred and
costs of keeping and proceedings.

6. To prevent or regulate the ringing and tolling of bells, ex-
cept those of railroad cars and engines, blowing of horns, or
crying of goods or wares, firing of guns, or of powder or other
explosives, and the making of any improper noise which may
tend to disturb the peace of the city.

7. To make regulations for taxing and confining dogs, and
for destroying such as may be found running at large contrary
to any ordinance.

8. To regulate the sale of fresh meats, fruit, poultry, butter,
cheese, eggs, honey, vegetables, fish and other articles usually
disposed of from farmers' wagons, and the fees for marketing
privileges.

9. To prevent encumbering the streets, sidewalks, lanes and
alleys within said city with building material, wagons, sleighs,
barrels, boxes, merchandise, and articles of every kind, and pre-
vent the sale of meat, vegetables, farm produce, and unmanu-
factured products of the forest, from wagons or other convey-

156 LAWS OF NEW YORK. [Char

ances, except from dwelling to dwelling or on the markets now
or hereafter established.

10. To establish, build, and regulate public markets, cart and
carriage stands, pounds, station houses, and lockups, within
said city.

11. To license and regulate bill posting, bill distributing and
sign advertising, and to regulate or restrain the erection of bill
boards on any street, section of a street or public place of the
city, and restrain the posting of bills or signs on any fence,
wall, building, sidewalk, pole or post, upon or adjacent to any
street or public place of the city.

12. To prohibit and prevent the unnecessary obstruction of
streets by railway locomotives and cars, and to regulate an*)
control their running and rate of speed, and the length of time
they may be allowed continuously to stand, or impede travel
upon any street or crossing in said city.

13. To prevent any person or persons from remaining, stand-
ing or lounging, or obstructing any of the sidewalks of the
city, or standing, sitting or lounging on any platform, or stand-
ing in front of any stairway or building, without the express
permission of the owner or occupant of such building.

14. To permit building material to be deposited on the street,
in front of any lot, to such extent and for such time as it may
prescribe.

15. To license and regulate cabmen, porters, cartmen, hack-
men, and the drivers of hackney carriages, stages or omnibuses,
for the transportation of passengers within the city, to fix their
rates of compensation, and to require them to have licenses.

16. To prevent horse-racing, and immoderate driving in the
streets of said city of horses or motor vehicles, and to prohibit
and punish the flying of kites, and every other game, practice
and amusement, in the public streets or elsewhere, having a
tendency to frighten teams and horses, or to injure or annoy
persons passing in or along the highways of the city, or to
endanger property.

17. To suppress disorderly houses, houses of ill-fame, gamb-
ling, gaming tables and all instruments and devices employed
in gambling; to regulate or restrain pool and billiard playing,
and playing games of chance, by minors in public places; to
rpstrain and punish street beggars, vagrants and mendicants.

e3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 157

18. At the request of the board of public works, to regulate
the width of tires of draft wagons. The term draft wagons,
in this act shall mean a wagon to carry a load of twelve hundred
pounds or more.

19. To regulate or prevent all parades, exhibitions, and the
parade or playing of bands upon the streets or public grounds
of the city.

20. To regulate and prevent the landing, within the city, of
excursion boats, or passengers therefrom.

21. To regulate the use and construction of chimneys, fire-
places, stoves and heating apparatus, and the deposit of ashes;
and any member of the common council, or any person author-
ized by it, may enter, when necessary, in the daytime, any
building within the city, to make an examination with refer-
ence to the evasion or violation of such ordinance.

22. To punish the wilful giving of a false alarm of fire.

23. To punish the wilful or malicious breaking, marring, injury,
removal or defacement of any building, fence, awning, sign,
signboard, or any tree, shrubbery, or any other ornamental
thing in the city, tearing down of any notice or handbill law*
fully posted, or inciting or inducing dogs to fight in any of the
streets or public places of the city,

24. To punish all violations of the rules of the common coun-
cil, or of the board of fire and police commissioners, board of
public health, and board of public works, which have been
approved by the common council, relating to the prevention of
fire, the waterworks, lighting or sewerage system of the city.

25. To punish profane, vulgar or obscene language, or conduct,
in any street or public place in the city.

26. To determine the existence, and direct the removal of a
public nuisance in any part of the city; and if the same be not
removed within such time as the common council may direct,
to cause the same to be removed at the expense of the city, and
lo declare such expense to be a lien on the lot, and to enforce
the collection thereof by leasing or selling the premises, in the
manner provided in this act for the collection of taxes or assess-
ments, or by action against the owners of the lot, or any other
person who may have erected, suffered, or maintained such
nuisance; and in case of the non-removal or abatement of any

158 LAWS OF NEW YORK. [Chap

nuisance, the common council may impose a penalty therefor
and enforce the collection thereof, as prescribed in this act.

27. To prohibit, prevent and regulate encroaching upon or
encumbering any street, avenue, highv^ay or alley with any
building, steps, platform, bay window, wooden or other per-
manent awning, cellar door, area, descent into a cellar or base-
ment, sign or any post or erection or any projection from any
building or structure, and to cause the same to be removed by
the owners or occupants of the premises; to make such expense
of removal a lien on the lot on which the building or structure
may be situated, and to issue a warrant against any such owner
or occupant; to collect the necessary expenses of such removal
as assessments are collected; and it shall be the duty of the
common council, within six months after the passage of this
act, to determine and prescribe limits in said city within which
none of the encroachments or incumbrances above specified
shall thereafter be permitted on any street within said limits be-
yond the established street lines, and said common council shall
have power from time to time to enlarge such limits within
which such encroachments or incumbrances shall not be per-
mitted, but not to reduce or diminish such limits so prescribed.

28. To regulate and restrain hawking and peddling in the
streets, and to regulate the time, mode, manner and place of
holding auctions or public sales of merchandise, and all personal
property, and to prohibit such sales on any of the sidewalks or
crosswalks of the city, or the streets of the same; to license
sales at auction, in said city, of goods or property belonging to
persons not residents of said city, or which goods shall have
been purchased with intent to sell the same at auction, and to
prevent such sales without license, and to require the payment
to the city of such sums for such licenses as shall be provided
for, not exceeding twenty-five dollars per day for each day upon
which sales shall be had.

29. To regulate the speed of running of trains of cars in the
compactly inhabited portions of said city, and for one mile from
the depots in said city, and to regulate runners, stage drivers
and others, in soliciting passengers and others to travel or ride
in any stage, omnibus or go to any hotel, or otherwise.

30. To compel, direct and regulate the planting of shade trees
and ornamental trees along the streets and sidewalks of said

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 159

city, and to prevent the injury op destruction of such trees; and
to prevent the injury op defacement of fences, posts and build*
ings in said city.

31. To give names to streets and numbers to lots and tene*
ments, and to change the same in its discretion. All expenses
incurred by virtue of this subdivision shall be levied and col-
lected from all the property embraced within the city, at the
same time, and in the same manner as other general city taxes
are levied and collected.

32. To designate such portion of said city as it may deem
proper within which no building in whole of wood or other com*
bnstible material shall be erected.

33. To prescribe or define such powers and duties of officers
of said city as are not specified in this act and are not inconsist*
ent therewith.

34. To call special meetings of the inhabitants of said city
whenever in its judgment the public interests require the same,
and to carry into effect all lawful resolutions adopted at any of
said meetings or at any regular or special elections.

35. The common council may, at any time, issue bonds for the
payment of a judgment that heretofore has been recovered
against the villages of Fulton or Oswego Falls or that may be
recovered against the city after its creation. The issuance of
such bonds shall in all respects be subject to the same condi-
tions and limitations as are the issuance of other city bonds
elsewhere provided for in this act.

36. Whenever the common council shall resolve by the afflrma^
tive vote of two-thirds of its members that an extraordinary ex-
penditure ought, for the benefit of the city, to be made for any
specific purpose set forth in the resolution, it shall make an
estimate of the sum necessary therefor and for all such pur-
poses, if there be more than one, and publish such resolution and
estimate for at least three times, once in each week, in the offi-
cial newspapers, together with a notice that at a time and place
therein specified a special election of the tax-payers of the city
will be held to decide whether the amount of such expenditure
shall be raised by tax, and no expenditure, other than authorized
by this act, shall be made or any sum therefor raised except by
authority of a vote taken at such special election. All pro-
visions of law prescribing the duties of inspectors of election

160 LAWS OF NEW YORK. [Chap.

and their powers with reference to preserving order at elections
and false swearing and fraudulent voting thereat shall, so far
as applicable, apply to the special elections held hereunder.
The election shall be by ballot, and each ballot shall contain a
brief statement of each purpose for which such expenditure is
required and the amount thereof, and be in the form required by
the election law for voting upon propositions submitted. The
inspectors shall, at the time and place designated as aforesaid,
sit without intermission, from nine o'clock in the morning until
four o'clock in the afternoon, to receive the ballots cast at such
special election, and shall deposit the same in a suitable ballot
box to be provided by the city. If the right to vote of any per-
son offering to vote at such special* election be challenged by
aiiy other person entitled to vote thereat, an inspector of elec-
tion shall administer to him the following oath: ^'You do swear
that you or your wife are a taxpayer of the city of Fulton and
that you have not voted at this election?" After he shall take
such oath, his vote shall be received. The inspectors shall can-
vass the votes received immediately after closing the polls, and
immediately make a certificate, signed by them or two of them,
stating the whole number of ballots voted at such election, the
whole number for each special tax, and the whole number
against each special tax, and deliver the same forthwith to the
city clerk. The city clerk shall deliver the same to the common
council at its next meeting, and it shall cause the result of the
said election thus certified to be entered in the minutes. If the
sum or sums of money thus appropriated shall, with the other
annual taxes, be not in excess of one and one-half per centum
,of the assessed valuation of the real and personal property of
the said city, the common council shall cause the sum or sums
of monev thus voted to be assessed, levied and raised with and
in addition to other taxes in and upon the next assessment-roll.
But if the sum or sums of money thus voted shall, with the
other annual city taxes as provided for in section forty-four of
this act, be in excess of one and one-half per centum of the as-
sessed valuation of the real and personal property of said city,
the common council shall issue bonds of the city therefor. No
more than one such election in the city shall be held in any one
year, except by the unanimous vote of the common council.
After such special tax or taxes shall have been authorized as

BTi.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 161

herein provided, the common council may proceed to authorize
the expenditure of the amount for the purpose or purposes
specified in its published statement aforesaid and sanctioned
by such election.

§ 51. Violation of ordinances. — Any ordinance enacted by the
common council may provide that any person violating such
ordinance shall be guilty of a misdemeanor or of disorderly
conduct or shall be liable to pay to the city a sum therein named
as a penalty not exceeding one hundred dollars, to be recovered
in a civil action. If no provision be made in any ordinances as
to the effect of a violation thereof, every violation thereof shall
be a misdemeanor. The city may maintain an action to restrain
by injunction a violation of any ordinance of the common coun-
cil or board of health, notwithstanding that such ordinance may
provide a penalty for such violation.

§ 52. Licensing occupations. — If an ordinance of the city pro-
hibit the carrying on of any occupation without a license there-
for, the common council may fix the fee for such license or may
prescribe the minimum and maximum limits of the fee which
may be charged therefor in the discretion of the mayor. All
applications for such licenses shall be made to the mayor. The
mayor may grant or refuse any such license in his discretion.
If the mayor determine to grant such license, he shall issue an
order to the city clerk to issue such license upon the production
of a receipt from the city chamberlain for the amount specified
in such order and receipt, and he shall issue such license accord-
ingly. The city chamberlain shall credit all fees so received by
him to the general city fund. The clerk shall keep in his oflBce
a record of each license, the person to whom issued and the fee
paid therefor.

§ 53. Change of ward bonndaries. — The common council shall
have power by resolution, passed by a majority vote of its mem-
bers, to change the boundaries of the several wards of the city,
but not to increase the number of wards; such resolution to-
gether with a notice of the time when action will be taken there-
on shall be published in the official city newspapers for two
successive weeks before its passage, but such change shall not
be made oftener than every third year.

§ 54. Official newspapers. — The common council may at its
first meeting in each official year, or as soon thereafter as

162 LAWS OF NEW YORK. [Chap.

practicable, fix and determine the legal fee i)er folio or other-
wise, for the publication of all minutes of meetings, notices, by-
laws, rules, ordinances and regulations and such reports and
other matters as the common council or this act directs to be
published in the official newspapers of the city, and thereupon
shall designate two newspapers published in said city one on
each side of the river, if such are published, in which papers
all such matters as herein specified shall be published at the
fees so prescribed. The newspapers so designated shall be the
official newspapers of the city for the ensuing official year for
the purposes aforesaid and until the next annual designation,
provided said newspapers shall agree, with said common coun-
cil, to make the aforesaid publications at the fees prescribed by
the common council. The common council shall cause the
minutes of all its regular and special meetings, the annual re-
ports and estimates and the monthly report of the chamberlain
to be published in the official or one or more papers of the city.
§ 55. Officers not to be interested in contracts or purchases. —
It shall not be lawful for the mayor, or any member of the com-
mon council or any member of any of the municipal boards of
said city or any superintendent, or any clerk, agent or employee
of said city, employed by any of the municipal boards therein
(beyond the compensation which said superintendent or clerk,
agent or employee may be justly entitled to for services by him
actually rendered) to be interested, directly or indirectly, in any
contract or work made, or done by, for or on behalf of said city,
or any municipal board therein; nor shall any such person be
interested, directly or indirectly, in the purchase or sale of any
merchandise, material, substance, supplies or requirements, for
any of the uses or purposes of said city, except that
any member of a board or of the common council may sell
to any other department, nor shall any such person re-
ceive therefrom or thereon or in consideration or in con-
sequence thereof, any commissions, divisions, discounts, gift or
moiety. It shall not be lawful for any of the municipal boards
of said city to audit any account or issue any warrant for the
payment of any claim for services rendered, or for work, labor
or materials furnished by any person during the time such
person shall have held the office of mayor, alderman, or member
of any of the municipal boards of said city. A violation of any

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 1G3

of the provisions of this section is hereby declared to be a mis-
demeanor.

§ 56. Bules and regulations for transaction of city business. —
The common council shall have power to make such rules,
regulations and adopt such methods for the convenient trans-
action of the business of the city by the several boards, de-
partments and officers thereof, not inconsistent with the duties
and powers given such boards, departments and officers by this
act.

TITLE V.

Department op Public Works; Local Improvemexts; Streets;
Highways; Paving of Strbbts and Construction op Sidb-

WALKS.

Section 60. Organization.

61. Powers and duties of board.

62. Duties of superintendent of public works.

63. Change of grade of street or bridge.

64. Acquiring privileges to dispose of stagnant water.

65. Paving, repaving and macadamizing.

66. Sidewalks, construction and repairs.

67. Assessments for local improvements.

68. Cleaning sidewalks of snow and ice.

69. Street cleaning and repairing.

70. Work may be done by contract,

71. Guardian ad litem for infant defendants.

72. County court always open.

73. Taxes and assessments under this title, lien of.

Section 60. Organization. — The mayor first elected under this
act shall appoint three members of the board of public works,
who shall hold oflBce until thQ first day of January, nineteen
hundred and four. Thereafter, the incoming mayor shall, on,
or ten days prior to, the first day of January succeeding his
election, appoint their successors, who shall hold oflBce for the
term of two years from said first day of January. They shall,
within the first week of January in each year, organize by the
election of one of their members as president for the ensuing
year. At any meeting of the board two shall constitute a
quorum.

164 LAWS OF NEW YORK. [Chap

§ 61. Powers and duties of board. — The board of public works
shall be commissioners of highways in and for the said city, and
shall have all powers and perform all the duties of commission-
ers of highways in towns, other than as provided in this act.
The said board is vested with the charge, management, control
and maintenance of all bridges, streets, sidewalks, public places
and public squares within the city; of the water works and light
works if any, of the sewers, and of all buildings and structures
appurtenant thereto, and of all reservoirs, pipes, hydrants,
wires, machinery, tools, appliances and materials used in con-
nection therewith. '

The board of public works shall have power:

1. To appoint an engineer and superintendent of public works,
which engineer and superintendent shall be responsible to the
board of public works.

2. To employ all servants, including an assistant superintend-
ent of public works if deemed advisable, clerks and laborers,
and fix the compensation of all servants so employed by them.

3. To make rules and regulations for its own government and
for the government of the superintendent of public works, city
engineer and all servants of the board of public works and
prescribe their duties.

4. To make all contracts relating to construction, paving and
repairs of the streets and sidewalks, public places and public
squares, parks and sewers, public lighting, extension and main-
tenance of the water works system and the cleaning of the
streets, sprinkling, and the removal of dirt therefrom, the grad-
ing, paving and repaving and macadamizing and remacadamizing
of all streets, public places and public squares, and laying and
extending of sewers and the provision of all materials, machin-
ery, implements and utensils therefor.

5. To lay out, make, open, grade, level, regulate, pave, mac-
adamize, plank, gravel, clean, repair and improve highways,
streets, lanes, alleys, public grounds, parks, sidewalks, sewers,
water works, lighting plant, gutters, drains, aqueducts, reser-
voirs, crosswalks, and alter, amend, widen, straighten and dis-
continue the same and to establish grades and levels therefor,
and alter the same, through any lands, buildings or inclosures
in said city.

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 165

6. To construct conduits for carrying telegraph, telephone or
electric light wires or cables or other appliances for conducting
electricity on any street or section of a street heretofore paved,
then to be paved, repaved or repaired, and the expense thereof
shall be paid out of the improvement fund in the same manner
as other expenses for local improvements are paid, and may be
raised in like manner. Whenever the board of public works of
the city of Fulton shall by resolution determine that public
safety requires the removal of telegraph or electric wires or
cables or electric feed cables of any street railway company or
other appliances for conducting electricity and the poles thereof
heretofore or hereafter erected in the principal business streets
of the city, it shall have power by an ordinance or resolution to
require any company or corporation or individual to remove
such wires and electrical conductors from over head in the
street, and place them in conduits under the surface of the
streets in such manner as shall be directed by the said board
of public works and subject to such regulations and restrictions
as such board may make and impose in respect thereto, for the
benefit of the public, the city or its citizens, and a compliance
with such ordinance or resolution in respect to the removal of
the poles, wires, cables or other appliances for the conducting
of electricity through said streets, may be enforced by man-
damus by any court of competent jurisdiction upon the appli-
cation of the city as relator. And if the said board of public
works shall construct conduits for the reception of wires and
electrical conductors as hereinbefore provided the said resolu-
tion or ordinance shall require the wires and electrical con-
ductors on said street or section of a street to be placed within
the said conduits constructed as aforesaid, and such proportion
of the expense of the construction of said conduits shall be
paid by the company, corporation or individual using the same,
as the common council shall by resolution determine, and the
amount of said expense, certified by the common council, shall
be paid to the city treasurer, and by him placed in the improve-
ment fund. If any company or corporation or individual shall
refuse or neglect to pay the amount so apportioned by the said *
common council upon demand of the city chamberlain, tte city
may sue for the same and recover the amount thereof in any
court of competent jurisdiction as and for moneys had and re-

166 LAWS OP NEW YORK. [Chap.

ceived. Nothing herein contained shall be construed as author-
izing the board of public works to require that any particular
patent or appliance shall be used in the construction of the
conduits.

7. To cause to be made all necessary surveys, maps, and pro-
files relating to any work within its jurisdiction.

§ 62. Duties of superintendent of public works. — He shall be
the executive officer of the board of public works, and shall,
under its direction, have the care and direction of all public
works within the jurisdiction of the board. He shall have the
care and direction of laying all sewer and water pipes and con-
duits from private dwellings or other places and shall have the
care and direction of laying any connecting or lateral pipes and
keeping the same in repair; and the expense of laying such con-
necting lateral pipe or conduit shall be paid by the owner or
occupant of the property. Such connecting or lateral pipe or
conduit shall not be laid and connected until a permit therefor
shall be obtained from the board of public works and all such
connecting or lateral pipes or conduits and the fixtures thereto
shall be constructed under and according to the direction of
the superintendent.

§ 63. Opening, altering or extending streets, assessments of bene-
fits and payment. —

1. Whenever the board of public works shall intend to lay
out, alter, widen, extend, contract or discontinue any street,
lane, alley, highway or public grounds in said city, and the lands
of any person or corporation, or any right or easement therein
that will be necessary for such purpose; and whenever the board
of public works shall intend to acquire lands, rights or ease-
ments therein for any other purpose mentioned in this act, it
shall cause the same to be surveyed and monuments placed
showing the line thereof, and a map to be made of the same,
which shall be filed in the city clerk's office, showing upon such
map the lots, tracts and parcels of land and rights or easements
therein that are deemed necessary to be taken and the com-
mencement, course and termination of the street, lane, alley,
highway or park proposed to be laid out, widened, extended or
altered or other work or improvement proposed to be made in
or through the land so to be taken. And for that purpose the
board of pablic works and those acting under its direction shall

g;].! one hundred and twenty-fifth session. 167

have power to enter upon any grounds in said city. The board
of public works shall then declare by resolution its intention
to take and appropriate the said property for the proposed
improvement, and thereafter it may purchase of the owner or
owners thereof the land or right or easement therein deemed
necessary, and make him or them such compensation as it shall
judge reasonable upon receiving from such owner or owners a
conveyance thereof to the city. In case the board of publio
works is unable to agree with the owner or owners for the
purchase of any real estate or land or right or easement therein
required for the purpose aforesaid, it shall acquire the same by
condemnation proceedings under the provisions of the condem-
nation law of the state.

2. Payment for property acquired for street improvement.— >
Upon the making of an agreement for compensation to an
owner under this article, or upon the final order or award fixing
the amount of such compensation in proceedings therefor, the
board shall immediately pay such amounts and the costs, if any,
allowed in the proceeding, if it has funds available for that pur-
pose; if not, money may be borrowed by the common council and
certificates of indebtedness bearing interest issued therefor,
and payable, in either case, not more than one year from the
date thereof; and the amount of such certificates shall be in-
cluded in the next annual tax levy.

3. Changing grade of street or bridges. — If the city has ex-
clusive control and jurisdiction of a street or bridge therein, it
may change the grade thereof. If the change of grade shall
injuriously affect any building or land adjacent thereto, or the
use thereof, the change of grade to the extent of the damage re-
sulting therefrom shall be deemed the taking of such adjacent
property for a public use. A person claiming damages from
such change of grade must present to the board of public works
a verified claim therefor, within sixty days after such change
of grade is completed. The board may agree with such owner
upon the amount of damages to be allowed to him. If no agree-
ment is made, within thirty days after the presentation of the
claim, the person presenting it may apply to the supreme court
for the appointment of three commissioners to determine the
compensation to which he is entitled. Notice of application
must be served upon the board of public works at least ten days

168 LAWS OF NEW YORK. [Chap

before the hearing thereof. All proceedings subsequent to the
appointment of the commissioners shall be taken in accordance
with the provisions of the condemnation law, so far as appli-
cable, except that the commissioners in fixing their award may
make allowance for benefits derived by the claimant from such
improvement. The amount agreed upon for such damages or
the award therefor, together with the costs, if any, allowed to
the claimant, shall be a charge against the city. The common
council may borrow money for the payment thereof, or may
issue certificates of indebtedness therefor, in the same manner
as in case of damages for laying out a street.

§ 64. To acquire privileges to dispose of stagnant or surface water.
— The board of public works shall on an order from the
board of health approved by the common council have power to
enter upon any lands or grounds in the city and appropriate
such property for the purpose of conveying any stagnant or
surface water within and throughout the city, and thereafter
said board of public works may purchase from the owner or
owners thereof tlie land or right or easement, whenever deemed
necessary and make him or them such compensation as it shall
deem reasonable and just upon receiving from such owner or
owners a conveyance thereof to the city. In case the said board
is unable to agree with the owner or owners for the purchase
of any real estate or land or right or easement required therein
for the purpose aforesaid, it shall acquire the same by condem-
nation proceedings under the provisions of the condemnation
law of the state, proceeding in the same manner as obtaining
lands for street purposes elsewhere specified in this title.

§ 65. Paving.— If the board of public works shall decide on
its own motion that any street or section of a street ought to
be paved, repaved or macadamized, or that any street or sec-
tion of a street ought to be graded, or if the owiin-rs of more
than one-half of the real estate fronting thereupon, exclusive
of any portion thereof owned by the city, shall petition it there-
for, it shall publish for at least two weeks a notice in one or
more of the newspapers of the city, that at a time and place
to be therein specified, it will meet to make a final determina-
tion in respect thereto. Buch notice shall contain a brief de-
scription of the character, location and extent of the improve-
ment, and of the material to be used therein. Any person

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 169

interested shall be entitled to be heard at such meeting in
opposition to such improvement. If before such meeting a pro-
test against the improvement, in writing signed by the owners
of two-thirds of the frontage upon such streets or section of
the street, and acknowledged as deeds of real estate are re-
quiried to be acknowledged, be filed with said board, it shall not
order the proposed improvement, nor shall it again consider
the same within one year; but the owner of a majority of the
frontage of a smaller section of the same street, not less than
one block, may file with said board a petition therefor, and in
that case said board may order the improvement as therein
requested. If the board shall finally determine to make the
improvement, it shall notify the owners of the property to be
affected thereby, and said owners may, by a writing signed by
a majority thereof and filed with the board of public works,
designate two of their number to act with the board of public
works in the matter of such improvement, and such persons
so appointed shall, for that purpose only, become members of
the board of public works, and shall have all the powers, in
respect to such improvement only, as is by this act conferred
upon said board of public works. The board of public works
so constituted shall record an order for such improvement in
its minutes, shall ascertain the whole cost thereof, and shall
apportion the same upon all the real estate fronting upon said
<?treet or section of a street then to be improved, in proportion
to the benefit to the respective lots and parcels thereof, first
deducting the share thereof hereby imposed upon the city, and
the share of any portion thereof which any street or other rail-
way company may be liable to pay. The word pavement as
herein used is intended to include curbs, gutters, and drains
or storm sewers. ' The board of public works shall report such
apportionment and the amount for which such railway com-
pany shall be liable and a list of all the lots and parcels of land
liable to assessment with the sum in which each lot and parcel
is benefited by the improvement, to the common council, and
shall cause the share of the cost of such improvement for which
the city is liable, to be paid out of the improvement fund,
and if there be not sufficient money in said fund for that pur-
pose, and to meet the necessary street expenses until taxes for
the next year are paid in, shall report the deficiency to the

170 LAWS OF NEW YORK. [Chap.

common council, which shall borrow the necessary amount, and
pay it into the improvement fund, and include it in the next
tax levy, and the amount so borrowed shall be repaid within
one year from the proceeds of such tax. But the common
council may in its discretion, instead of including the amount
so borrowed in the next tax levy, issue bonds for the amount
so borrowed, or any part thereof. The common council shall
assess upon any railway company its share of the cost of said
improvement which said share shall be the cost of that portion
of the improvement between its tracks, the rails of its tracks
and two feet in width on each side of the rails outside its
tracks, but shall not include the cost of curbs, gutters or storm
sewers or any part thereof. Its portion shall be assessed
against any railway company in the same manner as other
assessments for local improvements, and the amount so assessed
shall be a first lien upon all the property and franchises of such
railway company within the corporate limits of said city until
fully paid. This section shall not only apply to streets or sec-
tions of streets repaved or repaired or to be repaved or re-
paired, but also to such streets or sections of streets that are
newly paved or are to be newly paved. The common council
shall assess the residue of such expense upon all the real estate
fronting upon said street or section of a street, as hereinbefore
provided, in proportion to the benefit to said lots and parcels
of real estate respectively, and shall designate in such assess-
ment the names of the owners of said real estate, and shall
thereupon cause a notice to be published in one or more news-
papers, printed in the city, for two weeks, that such assessment
has been made, and that the common council will meet at a time
and place to be stated in said notice to hear any objections
which may be made to such assessment, and in the meantime
the said assessment may be examined, by any person desiring
to examine the same. At the time and place specified in such
notice, the common council shall hear such objections as shall
be made to the said assessment, and shall review the same and
may adjourn such proceedings from time to time, and may alter
and amend the said assessment in their discretion; and when
it shall deem it to be correct, it shall confirm the same and the
said assessment shall be forthwith collected in the same manner
as other assessments are collected by the chamberlain as pro-

t>3.] ONE HUNDRED AND TWENTYFIFTH SESSION. 171

vided in this act, and the amount thereof shall be placed in
the improvement fund, and shall be expended only for the pur-
pose of defraying the expense of said improvement. If any
real estate so assessed belongs to the city, the amount of the
assessment thereupon shall be paid out of the improvement
fund, in the same manner as other expenses for local improve-
ments are paid, and may be raised in like manner. The city
shall pay the cost of paving the intersections and also the
cost of the construction of all the bridges and
extra work not properly a portion of the paving,
repairing or macadamizing, but incurred in consequence thereof,
in the same manner as the city's share of the entire cost is paid.
In case any apportionment or assessment heretofore or here-
after made for a local improvement shall have been or shall be
set aside by any court of this state having competent jurisdic-
tion, or shall fail or shall have failed through any irregularity
in making or confirming such apportionment, or assessment, it
shall be lawful for and be the duty of the common council forth-
with to cause a new apportionment or assessment including the
interest and expenses of the former apportionment or assess-
ment to be levied and collected; and such new apportionment
and assessment shall have the same force and effect as though
no former apportionment or assessment had been made. The
apportionment of the cost of paving, repairing or macadamizing
of any street or section of a street may be made either before or
after the work is completed, and the amount so apportioned and
assessed shall be collected as hereinbefore provided. If the ap-
portionment shall be made before the work is comi)leted, the
common council shall borrow whatever amount may be neces-
sary to pay for the construction of the work during its progress
and the amount so borrowed shall be placed in the improvement
fund, and shall be expended only in payment of such improve-
ment. Any apportionment so made may be corrected, and as
corrected shall be apportioned and assessed and confirmed upon
the completion of the work in the manner hereinbefore pro-
vided, and shall have the same force and effect as though no
former apportionment or assessment had been made. The pro-
visions of this section so far as the same are applicable, shall
apply in the sprinkling and to the apportionment of the cost
thereof, the assessment and collection of the same, of any street

172 LAWS OP A'EW YORK. [CuAr.

or section of a street, except that if a protest against sprinklinjr,
in writing signed by the owners of more than one half the front-
age upon said street or section of a street, and acknowledged as
deeds of real estate are required to be acknowledged, be ftled
with said board, it shall not order the proposed sprinkling, nor
shall it again consider the same within one year; but the owners
of a majority of the frontage of a smaller section of the same
street, not less than one block, may ftle with said board, a re-
quest therefor, and in that case said board may order the
sprinkling as therein requested. And except also that no part
of the cost of any sprinkling shall be apportioned to nor borne
by the city.

§ 66. Sidewalks. — The board of public works shall determine
when any sidewalk in said city shall be constructed, relaid or re-
paired, and shall give to the owner or occupant of the premises
in front of which said sidewalk is situate, one week's notice in
writing by serving the same personally or ten days by mail,
of its determination to construct, relay or repair such sidewalk.
If at the expiration of such notice, the owner or occupant of
such premises has not commenced the construction, relaying or
repairing of such sidewalk the board of public works shall pro-
ceed to construct, relay or repair the same, and shall apportion
the expense thereof, two-thirds upon the lot or premises in front
of which said sidewalk is so constructed, relaid or repaired and
one-third upon the city, and shall certify such apportionment to
the common council and shall cause the share apportioned to
the city to be paid from the improvement fund. The common
council shall assess the amount so api)ortioned to the lot or
parcel of land benefited by such improvement in the same man-
ner as apportionments for paving are assessed as hereinbefore
provided, and may provide for the payment of such assessments
in instalments and borrow the money so assessed in the sami*
manner as the amount of assessments for paving are authorized
to be borrowed as hereinbefore provided. The amount of the
city's share of the construction, relaying or repairing such side-
walks shall not exceed the sum of three thousand dollars in anv
one year. All sidewalks constructed, relaid, or repaired in thr
city shall be constructed, relaid or repaired according to the
specifications established by the board of public works and shall
be laid to the width, line and grade, now established or here-

G3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 173

after established, as by this act provided. The owner of any
property in the city upon receipt of a notice from the board of
public works, as provided for in this section, may proceed to
construct, relay or repair the sidewalk in front of the lot or
parcel of land specified in such notice, and, provided such walk is
commenced within one week from the receipt of such notice and
prosecuted without delay, and, provided such sidewalk is con-
structed, relaid or repaired according to the specifications of
the board of public works, and laid to the line, grade and width
established as herein provided, one-third of the expense thereof
shall be paid by the city as by this section provided; provided,
however, that the cost of the construction, relaying or repairing
of such sidewalk shall not exceed the cost of similar work per-
formed by the board of public works.

§ 67. Assessments for local improvements. — Two^hirds of the
entire cost of paving, repairing or. macadamizing any street or
sectioii of a street or public place or square, less that portion
which any railroad company or other corporation holding a pub-
lic franchise for the use of a portion of such street, place or
square, shall be legally liable to pay, shall be assessed upon all
the real estate fronting thereupon in proportion to the benefit
derived by the respective parcels thereof, and the remaining one-
third of such cost shall be borne by the city and shall be defrayed
by general tax. In addition to the one-third to be paid by the
city at large the said city shall also pay its proportion of all
paving, repairing and macadamizing opposite property owned
by it in the same manner and in the same proportion as if said
property were owned by a private individual. Said cost shall in
the discretion of the board of public works, include the expense
of furnishing and laying the necessary lateral pipes, or conduits,
from the sewer, gas and water mains in said street, section of
street, public place, or square, to the curbing on each side, in
front of, and for the use and benefit of any lot or lots or subdi-
vision thereof, on said street, section of a street, public place,
or sqnare, and connecting said lateral pipes, or conduits, with
the main of each said sewer, gas and water pipes respectively;
and the board of public works whenever such expense shall be
included shall lay and connect said lateral pipes or conduits as
above mentioned; but such expense shall be added to the amount
of the assessment to be made on the lot or lots, or subdivision

174 LAWS OF NEW YORK. [Chap.

thereof, for the use and benefit of which said lateral pipes or
conduits may be laid and connected, for paving, repairing or
macadamizing as the case may be, in this title provided, and col-
lected therewith, and in the same manner. Property abutting
on more than one street shall under this act be deemed to have
a frontage on each of said streets for the purposes of paving,
repairing or macadamizing said respective streets.

§ (>8. Cleaning sidewalks of snow and ice. — It shall be t^ie duty
of every owner or occupant of every lot or parcel of land
to keep the sidewalks adjoining his lot or piece of land at all
times clean and free from snow, ice or other obstructions. It
shall be the duty of such owner or occupant to remove new ice
and freshly fallen snow from such sidewalk before twelve o'clock
noon of each day and to keep the same so cleaned and removed
at all times. In case such owner or occupant shall neglect or
refuse to clean said sidewalk within such time, he shall be sub-
ject to such fine or penalty therefor as shall be prescribed by
the board of public works, and in addition thereto the superin-
tendent of public works shall, in such case, proceed to clean the
same without notice to such owner or occupant. In case any
sidewalk in said city shall, at any time, in the judgment of the
superintendent of public works otherwise require cleaning, said
superintendent shall serve a notice upon the owner or occupant
of the adjoining lot requiring him to clean the same within
twenty-four hours after the service of such notice. Such notice
shall be served in the same manuer as the notice for The con-
struction or repair of sidewalks, as provided in section sixty-
six of this title. If such notice be served bv mail the owner
shall have two days after service thereof within which to com-
ply with such requirements. If any person so required to do
any such cleaning, shall neglect or refuse to do the same within
the time prescribed therefor, the said superintendent shall clean
the same in such manner as he shall deem proper and suitable,
in which case he shall report the fact and the expense thereof
to the city clerk, who shall give notice of the expense thereof
to the owner, in the same manner as notices to do the cleaninsr.
requiring the payment of such expense to the city chamberlain
within ten days after the delivery or mailing of such statement.
If such expense be not paid to the city chamberlain within the
time prescribed therefor, the said superintendent shall file his

G:i.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 175

affidavit of the actual expense thereof with the clerk of the city,
and the same shall thereupon be assessed by the common council
and collected the same as other local assessments.

§ 69. Street cleaning and repairing. — The board of public works
shall have power to cause the streets, lanes, alleys, high-
ways and public grounds and places of said city to be cleaned
and repaired from time to time and the expense thereof ehall be
paid by the city.

§ 70. Work may be done by contract. — Except as herein other-
wise provided, all work within the purview of this title, may, in
the discretion of the board of public works, be done by contract,
to be let to the lowest bidder under the regulations and limita-
tions prescribed in this act.

§ 71. Gnardian ad litem for infant defendants. — Whenever aa
infant or other incompetent person shall be interested in real
estate affected by any improvement provided for by this title,
the county court of Oswego county or the supreme court, shall
have power to appoint a guardian in the nature of a guardian
ad litem to protect the interests of said infant or other incom-
petent person. Such guardian shall be entitled to receive for
his services such compensation as the court making the appoint-
ment shall direct.

§ 72. County court always open. — The county court of Oswego
county shall always be open for the transaction of any business
or making of any motion or application contemplated by this
title. Errors and irregularities in the proceedings contemplated
by this title, if shown to injuriously affect a party or parties
thereto, may be corrected on review thereof, on the application
of the party injured, or his damages occasioned thereby recov-
ered in an action against the city, subject to the regulations of
this act.

§ 73. Taxes and assessments under this title, lien of. — Every tax
and assessment imposed under any of the provisions of this
title shall be a lien upon all real estate against which the same
shall be assessed, for ten years from the filing of such assess-
ment roll, superior to any mortgage, judgment or other lien of
any nature, except city taxes, affecting the same, and shall have
priority thereto, or to any conveyance thereof, and notice to the
occupant or tenant shall be held to be deemed a notice to the
owner or owners of said real estate.

176 LAWS OP NEW YORK. [Chap.

TITLE VI.

Water Works; Sbwbrs and Lights.

Section 80. Water works system, control and extension of.

81. Water pipes in highways outside city.

82. Connections with mains.

S3. Rules, ordinances and rents continued.

84. Acquisition of additional water rights.

85. Outside extension of mains.

86. Supplying water outside of corporate limits.

87. Collection of water -rents.

88. Sewers, power of board of public works in respect

to.

89. Sewer system for west side of river.

90. Contracts for construction of system.

91. Expense of construction, how raised.

92. Sewer funds, how apportioned.

93. Extension of sewer system.

94. Expense of maintenance of sewers.

95. Rights for construction and maintenance of sewers.

96. Establishing grades, et cetera.

97. Public lighting, contracts therefor.

Section 80. Water works system, control and extension of. —
The board of public works shall have control and supervision
of the water works system, shall keep it in repair, and may
from time to time extend the mains and distributing pipes, if
the expense thereof in any year shall not exceed the net income
of the plant, after providing for necessary repairs, current ex-
penses and the sinking fund for the payment of principal and
interest on water bonds due or to become due in such year.

§ 81. Water pipes in highways outside city. — The board may
cause water pipes or mains to be laid, relaid or repaired along,
under or across any public highway in the county of Oswego or
in an adjoining county, for the purpose of introducing water
into or through the city, and shall cause the surface of such
highway to be restored to its usual condition.

§ 82. Connections with mains. — Supply pipes connecting with
mains and used by private owners or occupants shall be laid
and kept in repair at their expense. Such pipes can only be

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 177

connected with the mains by the permission and under the
direction of the board of public works. Any member of the
board or its authorized agent may at any time enter a building
or upon premises where water is used from supply pipes, and
make necessary examinations.

§ 83. Bnles, ordinanoes and rents oontinned. — The rules and
ordinances, and scale of water rents heretofore adopted and
established by the board of water commissioners of the village
of Fulton shall be continued until the same are amended, modi-
fied, repealed, or re-established by the board of public works.
The board may adopt other and additional rules and ordinances
not inconsistent with law, for enforcing the collection of water
rents and relating to the use of water, and may enforce obser-
vance thereof by cutting off the supply of water, or by the im-
position of penalties, and may amend, revise, modify, change or
repeal the existing rules and ordinances and scale of water
rents, whenever in its judgment it is advisable to do so.

§ 84. Acquisition of additional water rights. — ^A proposition
may be submitted at a general or special city election to author-
ize the board of public works to acquire additional water or
water rights at an expense not exceeding the sum specified
therein. If adopted, such improvement shall be made accord-
ingly. For that purpose, the board may take all the steps and
proceedings provided by the condemnation law.

§ 85. Outside extension of mains. — A proposition to exteud water
mains outside the city may be submitted at a general or
special city election. Such proposition shall contain a general
description of the proposed extension, and the estimated ex-
pense thereof. If the proposition be adopted the board of public
works shall make the extension accordingly. For that purpose
the said board shall possess the same powers and be subject to
the same duties and liabilities as prescribed in the last preced-
ing section.

§ 86- Supplying water outside of corporate limits. — The board
of public works may sell to a corporation or individual outside
the city the right to make connections with the mains for the
purpose of drawing water therefrom and fix prices and condi-
tions therefor. The board shall not sell nor permit the use
of water under this section, if thereby the supply for the city

178 LAWS OF NEW YORK. [Chap.

or its inhabitants will be insufficient, and if after such rights
are sold the supply shall become insufficient the supply to such
corporations or individuals outside the city shall be cut off,
and the city shall not become liable thereby for any damage
suffered by such outside consumers by reason thereof.

§ 87. Collection of water rents. — The board of public works
Is charged with the duty of collecting the water rents in the
same manner as such rents have been heretofore collected by
the board of water commissioners of the village of Fulton, and
the receipts from such rents, or from any other source pertain-
ing to the water department, shall be deposited daily with the
city chamberlain, and credited by him to the water fund.

§ 88. Sewers, power of board of public works in respect to. — ^The
board of public works shall have power:

1. To make, regulate, repair, extend, discontinue, alter and
deaji public sewers and extension of sewers and to construct
additional sewers in the city.

2. To fix and determine by resolution the terms and condi-
tions upon which, the size, dimensions, and materials with
which, and the mode, manner and time in which, any private or
lateral sewers connecting directly or indirectly with any public
sewer may be made.

3. To enact all requisite and proper ordinances relating to
the control, regulation, protection and use of public sewers in
said city.

§ 89. Sewer system for west side of river. — 1. The board of
public works shall, whenever it may deem it expedient, but
within two years from the passage of this act, cause to be con-
structed or commence the construction of, a sewer system fbr
that portion of the city lying west of the Oswego river, at an
expense however, not exceeding seventy thousand dollars in-
cluding the map and plans thereof.

2. Construction of sewer. — Before taking any proceeding for
the construction of such sewer system, the board of public
works shall cause a map and plans of such sewer system to be
made, with specifications of dimensions, connections and out-
lets or sewage disposal works. Such map and plans shall be
submitted to the state board of health for its approval, and, if
approved shall be filed in its office. A copy thereof shall also
be filed in the office of the city clerk. The map and plans may

V^.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 179

be amended with the approval of the state board of health, and
if amended, shall be filed in the same manner as the original.

§ 90. Contracts for oonstmction of system. — The board of pub-
lic works shall advertise for proposals for the construction
of such system, either under an entire contract, or in parts or
sections, as the board may determine. Such advertisement
shall be published once in each of two successive weeks in
each newspaper published in the city. The board shall require
a deposit from the person submitting a proposal, of not less
than three per centum of the estimated cost of said sewer
system or part or section thereof; such deposit to be forfeited
to the city, in case such person shall refuse to enter into a con-
tract in accordance with his proposal. The board may accept
or reject any proposal, may contract with other than the lowest
bidder, or may reject all proposals and advertise again. No
contract shall be made by which a greater amount shall be
agreed to be paid than the maximum stated in the last preceding
section.

§ 91. Expense of constmction; how raised. — When the contract
is determined the board of public works shall certify to
the common council the total cost thereof, including the cost
of the map and plans, supervision and engineering. The com*
mon council shall issue bonds of the city for the amount so
certified. The proceeds of said bonds shall be paid to the city
chamberlain and placed by him to the credit of the sewer fund.

§ 92. Sewer bonds; how apportioned. — Such proportion of the
bonds issued in pursuance of the last preceding section as shall
bear the same proportion to the cost of the entire sewer system
of the city as the assessed valuation of the west tax district
bears to the entire assessed valuation of the city, shall be a
charge on the west tax district, and the principal and interest
of such proportion of said bonds as aforesaid shall be levied
and collected from said west tax district; and the balance there-
of shall be a charge on the east tax district, and shall be levied
and collected from said east tax district.

§ 93. Extension of sewer system; additional sewers. — ^A proposi-
tion for the extension of the sewer system of the city or to
build additional sewers other than as provided for in the last
preceding four sections may be adopted at a general or special
city election. If such proposition be adopted the board of pub-

180 LAWS OF NEW YORK. [Chap.

lie works shall proceed to construct such extension op additional
sewers accordingly and shall proceed in respect thereto in the
same manner as is provided by sections ninety and ninety-one
of this title.

§ 94. Expense of maintenance. — The expense of the mainte-
nance, repair and alteration of the sewer system of the city and
works connected therewith shall be a charge upon said city
and shall be paid from the sewer fund of said city in the manner
hereinbefore provided.

§ 95. Bights for oonstnietion and maintenance of sewers. —
The board of public works shall have power to acquire for and
in the name of the city, by agreement, appraisal or condemna-
tion, any lands, easements, privileges, rights and estates neces-
sary for the construction and maintenance of sewers, and may
also enter upon any lands or waters for the purpose of making
the necessary surveys, provided that, in all cases involving an
expenditure of money, it shall have first submitted to the com-
mon council its estimate of the cost of such real estate and that
the common council shall have approved the same and author-
ized the expenditures proposed, or that the same shall have
been approved by the taxpayers at a special election.

§ 96. Establishing of grade, et cetera. — ^The board of public
works shall, within two years after the passage of this act, fix
and establish the grade line of all streets, sidewalks, public
places and squares in the city; shall cause to be prepared a
map of the city, with necessary profiles, showing the boundaries,
alignment and grade of all the streets, the grade line of all
sidewalks, the boundaries and grades of all the public places
and squares, and the location of the sewers and water mains
and hydrants and shall thereafter change and add to such map
BO as to make it conform to any alterations in said boundaries,
grades and alignments made by such board, and show all ex-
tensions of the sewers that shall be made. Any map conform-
ing substantially to the requirements of this section, made by
the authorities of the villages of Pulton or Oswego Falls, or
of any department thereof, shall be regarded as made hereun-
der, and may be used in place of, or as a part of the map hereby
required.

§ 97. Public lighting; contracts therefor. — The board of public
works may contract in the name of the city, with an individual

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 181

or corporation for lighting the streets, public grounds and pub-
lic buildings of the city by gas, or electricity or other substance,
but such contract shall not be made for a longer period than
ten years nor at an expense for each fiscal year, exceeding two
and one-half mills on every dollar of taxable property as appears '
on the last preceding assessment roll, unless authorized by a
proposition adopted at a city election.

TITLE VH.

Board of Fibb and Poliob Commissioners and Firb and Police

Departments.

Section 110. Control of fire and police departments vested in

board.

111. President of board.

112. Meetings of board.

113. Powers and duties of the board.

114. Custody and sale of property.

115. Organization of fire department.

116. Volunteer firemen to be preferred.

117. Pay of firemen.

118. Duties of chief and assistants.

119. Exemption of firemen from military and jury duty,

120. Organization of police department.

121. Special policemen.

122. Qualification of police.

123. Duration of office of members of police force.

124. Vacancies in police force.

125. Powers and duties of chief of police.

126. Powers and duties of police.

127. Service of criminal process.

128. Expense of execution of process.

129. Enforcement of ordinances by police.

130. Presents or rewards.

131. Officers not to be delegates.

132. Unlawful conduct at primaries.

133. Exempt from military and jury duty.

134. Payment of salaries and expenses.

135. Charges; trials thereon.

136. Station houses.

137. Commitment to police station; account of criminal

expenses chargeable to county.

182 LAWS OF NEW YORK. [Chap.

Bection 110. Control of fire and police departments vested in
board. — The major first elected under the provisions of this act
sh^^ll on or before the first day of May, nineteen hundred and
two, appoint three fire and police commissioners, who shall con-
' fititute the board of fire and police commissioners and shall hold
office until the first day of January, nineteen hundred and four,
thereafter. The incoming mayor on or ten days prior to the
first day of January succeeding his election shall appoint their
successors who shall hold office for two years from the said first
day of January. The powers and duties connected with and
incident to the control, government and discipline of the fire
and police departments of the city of Fulton shall be vested in
and exercised by said board appointed as provided in this
section.

§ 111. President of board. — The members of fiaid board of
fire and police commissioners shall select one of their number
to act as president of said board, who shall preside at the meet-
ings when present, but who shall not at any time lose his vote
as commissioner by reason of his acting as presiding officer.

§ 112. Meetings of board. — Said board of fire and police com-
missioners shall hold meetings at least once in each montli,
and special meetings may be held on the call of the president
or any two members of the board. The attendance of two com-
missioners shall be necessary to constitute a quorum. No meet-
ing of the board shall be held for the appointment or discharge
of any paid employee without serving a written or printed notice
thereof upon each of the commissioners, or leaving it at his
place of residence, at least three hours before the time of meet-
ing, and no appointment or discharge of any such employee shall
be made, except by the affirmative vote of a majority of all the
commissioners.

§ 113. Powers and duties of the board. — The board of fire and
police commissioners is charged with the care and custody of all
property of the city connected with or appertaining to the fire
and police departments and it shall have power:

1. To purchase all supplies, engines, hose, hook and ladder
carts, and carriages, horses or teams that may be necessary for
use of the fire department.

2. To appoint the chief and assistant of the fire department,
the officers of the different engine, hose and hook and ladder

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 183

companies, paid firemen and callmen, chief of police and patrol-
men, and to prescribe rules and regulations, not inconsistent
with this act or the general laws, for the government and dis-
cipline of the fire and police departments and the officers and
members thereof.

3. To audit and allow the pay of the call firemen and all claims
against the fire and police departments, other than fixed salaries,
and draw orders on the chamberlain for the payment thereof
from the proper fund, but no claim shall be so audited, allowed
or paid unless the liability therefor shall have been incurred by
said board or by its express direction.

4. To lease such buildings as may be necessary for use of the
fire department, to remodel the buildings owned by the city and
used for fire purposes; and if authorized by a proposition
adopted at a general or special city election, to buy lands and
construct new buildings for the use of said department.

§ 114. Custody and sale of property. — ^The said board of fire
and police commissioners shall have charge of all property now
in use or hereafter to be acquired by the city of Pulton for the
purpose of extinguishing fires, including all the rooms for stor*
ing the same. The said board' shall also have power, by and
with the approval of the common council of said city, to sell the
same or any part thereof, except real estate; the proceeds of
such sale to be forthwith paid over to the city chamberlain and
by him credited to the fire fund.

§ 115. Oi^anization of fire department. — The fire department
shall consist of a chief, an assistant chief, eight paid firemen,
and as many call men as the board of fire and police commis-
sioners, from time to time, may determine to be necessary.

§ 116. Volunteer firemen to be preferred. — Active mombers of
the volunteer fire companies comprising the existing fire de-
partments of Pulton and Oswego Falls shall be preferred in all
appointments, except chief and assistant, provided they possess
the qualifications prescribed by the board of fire and police
commissioners, and provided also that no person shall be ap-
pointed a paid fireman who shall at the time of his appointment
be above the age of thirty-five years.

§ 117. Pay of firemen. — The chief shall receive an annual sal-
ary of two hundred dollars, the assistant chief shall receive an
annual salary of one hundred dollars, the paid firemen shall re-

184 LAWS OP NEW YORK. [Chap,

ceive a monthly salary of forty dollars, the call men shall re-
ceive such compensation per hour for service at fires or when
called out for practice or review, as shall be determined by the
board of fire and police commissioners, not however, exceeding
fifty cents per hour, to be audited by said board and paid by the
chamberlain on its order.

§ 118. Duty of chief and assistant. — ^The chief of the fire depart-
ment, under the direction of the board of fire and police
commissioners, shall have the general superintendence and
custody of the fire engines and other fire apparatus and con-
veniences for the prevention and extinguishment of fires, on the
east side of the river. It shall be his duty to see that the same
are kept in proper order, and to make report, in writing, to the
board the state of the department, on the first day of January
in each year, and at such other times as the said board may
require. It shall be his further duty to be present at fires and
to take command of the firemen present, and exercise general
supervision and control of the operations and proceedings of
the firemen present, and to give direction concerning the same.
He shall also have power and discretion to suspend from duty
any member of said fire department, and report the same to
the board for its action. Any member of the said fire depart-
ment so suspended shall have an opportunity to be heard in his
defense before said board. It shall be the duty of the assistant
chief to be present and aid the chief at all fires; and in case of
his absence, the powers and duties of the chief shall be exercised
and discharged by him. He shall have the general supervision
of the fire houses and custody of the fire engines and other fire
apparatus and conveniences for the prevention and extinguish-
ment of fires on the west side of the river, always, however,
under the direction of the chief and said board.

§ 119. Exemption of firemen from military and jury duty. —
The chief, assistant chief, and paid men of the said fire depart-
ment shall be exempt from military and jury duty while in the
service of the city, and the call men shall be entitled to the
same privileges and exemptions as are accorded by the laws
of this state to volunteer firemen.

§ 120. Organization of police department. — The said board as
soon after its organization as practicable, shall appoint a chief
of police and six patrolmen who shall constitute the police de-

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 185

partment of the city until the number shall be increased pur-
suant to a proposition adopted at a city election.

§ 121. Special policemen. — Upon the application of any cor-
poration, society, person or persons showing the necessity there-
for, the said board may, whenever expedient, appoint and swear
in special policemen not exceeding the number so applied for,
who sihall serve for a time not exceeding that stated in the
application, but the compensation of such special policemen,
which shall be fixed by the board, shall be paid by the corpora-
tion, society, person or persons requesting their appointment.
Raid special policemen may be removed at any time by the said
board, without cause assigned therefor, and notice of such
removal shall be forthwith given to the corporation, society,
person or persons who applied for their appointment as afore-
said; such board may also, upon any emergency, or for any
special purpose appoint not more than ten special policemen
at a compensation not to exceed two dollars per day for a Ujm
not to exceed five days. The paid firemen, chief and assistant
shall have the same powers and shall act as patrolmen when re-
quired by said board.

§ 122. Qnalification of police. — ^No person shall ever be ap-
pointed a chief of police, patrolman or special policeman by said
board, or shall continue to hold office as such, who is not a citi-
zen of the United States, or who has ever been convicted of
crime, or who cannot understand English, or read and write the
English language, or with the exception of the chief of police,
who at the time of his appointment is over the age of forty
years.

§ 123. Duration of office of members of police force. — All the
members of the police force, other than special policemen, sub-
ject to the power of removal herein specified, shall hold their
respective offices during good behavior, or until by age or dis-
ease they become permanently incapacitated to discharge their
duties.

§ 124. Vacancies in police force. — ^The board of police commis-
sioners shall, within ten days after a vacancy occurs in the
police force, for any cause, appoint a successor to the person
whose office has become vacant.

§ 125. Powers and duties of chief of police. — It shall be the
duty of the chief of police, under the direction of said board,

186 LAWS OF NEW YORK, [Chap.

to superintend the police department of said city, of which de-
partment he shall be the chief executive officer, and shall have
full control of the patrolmen, subject to the direction of said
board. He may issue warrants between the hours of nine
o'clock post meridian and nine o'clock ante meridian, return-
able before the city judge. He shall keep a book of records, to
be denominated " police records," in which he shall make daily
entries of all the proceedings of his department, and of all the
services rendered by him and the several members of the police
force. He shall, on the first day of each month, report to the
board the state of his department, the service performed by the
members of the police force, respectively; the amounts re-
spectively due each of them for their services in the preceding
month, and whether any of them have been disorderly in their
behavior or delinquent in their duties.

§ 126. Powers and duties of police. — ^The members of the
police force of said city shall possess in every part of the state
of New York all the common law and statutory powers of con-
stables, and any warrant for search or arrest issued by any
magistrate of the state of New York may be executed in any
part of the state by any member of the police force of said
city without any endorsement of said warrant and according to
the terms thereof; they shall execute the orders and commit-
ments of the city judge in said city, and of all courts held by
him for the trial of criminal cases; they shall convey all persons
sentenced by him to confinement in any jail, penitentiary, or
house of refuge, to such place of confinement, and they shall
exclusively serve and execute all civil and criminal process
or proceedings issued out of the city court or by the city judge;
they shall keep a correct account of all fees received by them,
or to which they are entitled, and shall pay over all fees re-
ceived to the city chamberlain at least once in each month. An
account of all fees to which they are entitled which are a county
charge shall be assigned by them to said board, which shall pre-
sent the same to the board of supervisors of Oswego county.
When collected, said board shall pay the same over to the cham-
berlain; all sums so paid to the chamberlain by said board or
policeman shall be by him credited to the police fund.

§ 127. Service of criminal process. — ^All criminal process for
any offense committed within said city, issued out of any court,

n.-].] ONE HUNDRED AND TWENTY-FIFTn SESSION. 187

and all process, subpoenas, bench warrants or otherwise, issued
by the district attorney of the county of Oswego, relating to
any offense committed within said city, may be served by a
member of said police force.

§ 128. Expenses of execution of process.— The necessary ex-
pensoa incurred in the execution of criminal process within said
city shall be a charge against the city. No fees or compensa-
tion whatever, other than as herein provided, shall be charg(»d
or received by any officer or member of the said police force for
the arrest, confinement or discharge of any person, or for mile-
age and travel, or for serving any warrant, subpoena or process,
or for discharging any other duty required by this act; nor shall
any such fee or compensation be charged or received by any
officer or citizen for the arrest of any person charged with crime,
OP for the service of any warrant, subpoena or other process in
any criminal case, other than as herein provided.

§ 129. Enforcement of ordinances by police. — The members of
the police shall aid in the enforcement of the by-laws
and ordinances of said city and the boards thereof, by direct-
ing a compliance therewith, whenever an omission so to do is
observed, and they shall have the power and it shall be their
duty to arrest, without process, any person who violates any
ordinance in their presence, and take such person before the
city judge, when a formal complaint shall be entered by the offi-
cer making such arrest.

§ 130. Presents or rewards. — No member of the police force,
or special policeman, shall receive any present or reward for
services rendered, or to be rendered, unless with the consent of
the board of fire and police commissioners, such consent to be
given in writing and filed with the clerk; and any one of its num-
ber who shall receive any fee or reward in violation of this sec-
tion shall thereby forfeit his office.

§ 131. Officer not to be delegate. — No officer of the police force
shall be a member of, or delegate to, any political convention,
nor shall he be present at any such convention except in the
performance of duty relating to his position as such officer or
member; and any violation of these provisions shall work a for-
feiture of his office or position, and it shall be the duty of said
board to dismiss him from his office or position, and enter on
record the cause of such dismissal.

188 LAWS OF NEW YORK. [Chap.

§ 132. Unlawful condnct at primaries, et cetera. — It eball be
unlawful for any police oflScer to solicit any person to vote at
any political caucus, primary or election for any candidate, or
to challenge any voter, or in any manner to attempt to influence
any voter at any political caucus, primary or election, or to be
a member of any political committee; and any person violating
the provisions of this section shall forfeit his position under the
city government.

§ 133. Exemption from military and jury duty. — No member
of the police department is liable to military or jury duty; or
to arrest on civil process, or to service of subpoena from civil
courts, while actually on duty; nor shall he hold any other
office or be employed in any other department of the city gov-
ernment.

§ 134. Payment of salaries and expenses. — ^The chamberlain
shall pay the salary of the members of the police force monthly,
as it shall become due, on the warrant of said board. The con-
tingent expenses of the police department, and for rent of sta-
tion house and telephones, expenses for office furniture, fuel,
light, stationery, printing, advertising, policemen's badges and
batons, and other necessary expenses, shall be paid by the cham-
berlain of said city upon the warrant of said board. All war-
rants of said board must be authorized by a vote of the board,
and be signed by the president and clerk of the city.

§ 135. Charges, trial thereon. — If a charge be made by any
person against any member of the police force, that he is in-
competent, or has been guilty of neglect of duty, misconduct
in his office, or of conduct unbecoming a police officer, the
charge must be put in writing in the form required by the rules
of the police department, and a copy thereof must be served
upon the accused officer and filed with the board of police com-
missioners, unless a member of said board be the person mak-
ing the charge; and then it shall be the duty of the board of
police commissioners to hear, try and determine the charge, ac-
cording to the rales of the police department. The accused
officer shall have the right to be present at his trial, and to be
heard in person and by counsel, and to give and furnish evidence
in his defense. Any commissioner may issue subpoenas under
his hand for witnesses to sustain or refute the charge, and any
Buch witness duly served with a subpoena shall be bound to

tf3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 189

attend in obedience to the command thereof, and the said com-
missioner shall have the same authority to enforce obedience
to the subpoena and to punish for disobedience thereof as is
possessed by justices of the peace in like cases. If the said
board shall find the accused officer guilty of the charge made
against him, it may order his pay suspended for some definite
time, or impose upon him a fine not exceeding fifty dollars, or
reduce his grade, or order his dismissal from the police force,
or it may subject him to any other discipline prescribed in the
rules of the police department which is not inconsistent with
the provisions of this act or with the laws of the state or of
the United States.

§ 136. Station houses. — The board of fire and police commis-
sioners shall provide and keep in order such station houses,
lockups and other necessary accommodations as shall be re-
quired for the use of said police force. The said board may also
employ some suitable and competent person to serve as janitor
of such station houses and lockups, at a compensation to be
fixed by them, if authorized so to do by the common council.
The town hall of the town of Volney, the title to which is by
this act vested in said city, shall be the station house for the
purposes of this act, until some other provision Is made there-
for by the common council.

§ 137. Commitment to police station; account of criminal ex-
penses chargeable to county. — ^The city judge of the city may
commit to the police station, in said city, any person charged
with crime and pending an examination for trial therefor, and
the ofllcer in charge of said police station in said city is author-
ized and required to receive any such person so committed, and
detain him in custody in accordance with such committal. The
said board shall, at the annual meeting of the board of super-
visors of the county of Oswego, render to said board of super-
visors an itemized account of such criminal expenses as shall
be properly chargeable to the county of Oswego. Such ex-
penses, which shall include board of prisoners, expense of trans-
portation of prisoners under sentence or commitment to place
of confinement, and the sum of twenty-five cents for each tran-
sient poor lodger sent by the commissioner of charities of said
city to such station houses, shall be audited by the said board
of supervisors and provided for and paid in the same manner

190 LAWS OF NEW YORK- [Chap.

as all other county charges. Said money shall be received by
the city chamberlain and credited to the police fund.

TITLE vin.
Department op Public Instruction,

Section 150. City, permanent school district.

151. Outside territory to constitute separate districts.

152. Children of separate districts may attend schools

of city; terms.

153. Board of education.

154. Appointment of members of board of education;

organization of board.

155. Superintendent of schools.

156. General powers and duties of president

157. Clerk and his qualifications.

158. General powers of board of education,

159. Powers of board of education to raise tax for aup-

port of schools.

160. Payment of funds to chamberlain.

161. Power of board of education to purchase sites, et

cetera.

162. Annual report of board of education.

163. State superintendent to apportion state moneys.

164. Common council to pass ordinances for protectiou

of school property.

165. Charges against members of board of education.

166. Report of superintendent of schools.

167. District a union free school.

Section 150. City, permanent school district. — ^The said city
of Fulton shall form a permanent school district, and shall not
be subject to alteration by the district school commissioner of
common schools. Such district shall be entitled to all the
rights, powers, privileges, public moneys and other benefits con-
ferred upon school districts by law or other state authority, and
shall, except as otherwise provided in this act be subject to all
the rules, regulations, powers of inspection and superin-
tendence prescribed by law applicable to school districts in
cities.

03.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 191

§ 151. Outside territory to eonstitnte separate districts. — All
that territory in the town of Volney outside the corporate
limits of said city, now constituting a portion of union free
school district number one of the town of Volney, and all that
territory in the town of Granby outside the corporate limits
of said city, now constituting a portion of union free school dis-
trict number two of the town of Granby, are hereby constituted
separate school districts of said towns respectively. Said dis-
tricts shall possess the same powers and privileges, and be sub-
ject to the same liabilities, as other school districts in said
towns.

§ 152. Children of separate districts may attend schools of
city; terms. — ^The children residing in the separate school dis-
tricts constituted by the last preceding section shall be
admitted to the schools of said city and treated in all re-
spects the same as children residing in said city, so long as said
districts shall remain as constituted by the last preceding sec-
tion, not however, exceeding a period of ten years. Said dis-
tricts shall pay for each child so admitted to said schools, a
sum pep capita equal to the cost per capita to said city of all
children attending the schools of said city. The amount charge-
able to said districts shall be certified annually to each district
by the board of education of the city of Fulton. Said districts
shall apply on such sum so certified, all state school funds
allotted to said districts, and the balance thereof shall be as-
sessed, levied and collected by each such district in the same
manner as ordinary school expenses of other school districts
in Oswego county are assessed, levied and collected. Said sums,
when so received and collected, shall be paid over to the city
chamberlain, and by him credited to the school fund of the
city.

§ 153. Board of education. — ^The aifairs of said school district
of the city of Pulton shall be managed by a board of seven
members, to be appointed in the manner provided in this act,
which board shall be known and designated as the board of
education of the city of Fulton. Said board an^ its successors
shall possess all the powers conferred, and discharge all the
duties imposed by this act, or by any general law of the state
relating to school districts in cities, or relating to boards
of education of such districts, and not inconsistent with the

192 LAWS OF NEW YORK. [Chap.

proyisions of this act. The title to all real estate and personal
property now belonging to union free school district number one
of the town of Volney^ and union free school district number
two of the town of Granby, is hereby vested in the city of
Fulton; and all moneys and funds belonging to said districts
shall be paid over and delivered to the chamberlain of said city,
and credited by him to the school fund of said city. All the
rights, powers^ privileges, contracts, obligations and liabilities
of said union free school districts are hereby transferred to,
vested in and imposed upon the city of Fulton; and the rights
and privileges of all persons that may have arisen or accrued
prior to the passage of this act shall remain and be enforced
by or against the city of Fulton, in the same manner and with
like effect as the same might have been enforced by or against
the board of education of union free school district number one
of the town of Volney and union free school district number
two of the town of Granby if this act had not been passed;
subject, however, to the provisions of this act.

§ 154. Appointment of members of board of education; organ-
ization of board. — On or before the first day of May, nineteen
hundred and two, the mayor of said city shall appoint seven
members of the board of education, as follows: two members
whose term shiall expire January first, nineteen hundred and
three, two members whose term shall expire January first,
nineteen hundred and four, and two members whose terms shall
expire January first, nineteen hundred and five; one of said mem-
bers shall be appointed from each ward of the city, and shall
reside therein; he shall also appoint one member from the city
at large, whose term shall expire January first, nineteen hun-
dred and four. Thereafter, and on or ten days prior to the first
day of January in each year, the mayor shall appoint members
to fill the terms then expiring; the ward members for the terra
of three years, and the member at large for the term of two
years. The said members of the board of education shall meet
on the first Tuesday in May, nineteen hundred and two, and
elect one of their number as president, who shall hold oflSce
until January first, nineteen hundred and four. Each two years
thereafter, at the first meeting in January, said board shall
elect one of its members president, who shall hold said office
for the ensuing two years.

03.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 193

§ 155. Superintendent of schools. — The said board of educa-
tion, on the first Tuesday in May, nineteen hundred and two,
shall appoint a superintendent of schools, whose term shall ex-
pire January first, nineteen hundred and four. Thereafter, and
at its first meeting in January, of each even numbered year,
said board shall appoint a successor to said superintendent of
schools, for the term of two years. Such superintendent shall
be under the direction of the said board of education, which
shall prescribe his powers and duties; he shall be paid from the
school fund a salary, to be fixed by the board of education.
Whenever such superintendent shall be appointed, the said
school district shall be entitled to the benefits of the provisions
of section five of title two of article one of chapter five hun-
dred and fifty-six of the laws of eighteen hundred and iiinety-
four.

§ 156. Oeneral powers and duties of president. — The president
of the board of education shall preside over meetings of the
board, when present, and perform such executive acts and duties
as is required by this act and general laws, and such other law-
ful business as shall be given him or her in charge by said
board.

§ 157. Clerk and his qualifications. — The superintendent of
schools shall be clerk of the board of education, and shall act
as secretary and keep the minutes of said board, and shall per-
form such other duties as may be required by this act and the
general school laws of the state, and such other duties as the
board may prescribe.

§ 158. Oeneral powers of the board of education. — Subject to
the provisions of this act and of the general consolidated school
laws, the board of education of the city of Fulton shall have
power:

1. To alter, improve and repair school houses and appur-
tenances, as it may deem advisable.

2. To purchase, sell or exchange, improve and repair school

apparatus, books, furniture and appendages, and to defray the
•necessary expenses attending the same.

3. To have the custody and safe keeping of the school build-
ings, lots, outhouses, books, furniture and appendages, and to
«ee that the ordinances and by-laws of said city in regard thereto
are enforced, and any violation thereof punished.

194 LAWS OP NEW YORK. [Chap.

4. To contract with and employ all necessary teachers for the
schools of the city, under such conditions, rules and regulations
as may be established by the board, provided that such rules
and regulations are in accord with the general school laws of
the state and the rules and regulations established by the de-
partment of public instruction of the state.

6. To pay the salaries of superintendent of schools and
teachers out of any moneys appropriated or provided by law for
that purpose.

6. To defray the necessary expenses of the board and dis-
trict, including the wages of janitors and other assistants and
employees, and incidental expenses.

7. To expend all moneys, raised by virtue of this act, for pur-
chasing sites, erect or enlarging school houses, or for other
purposes, in such manner as may be deemed advisable, but only
for the purposes for which the same was raised.

8. To license, upon the recommendation of the superinten-
dent of schools of said* city, all teachers employed in the schools
of the city, in the same manner and with like effect in said
city, as school commissioners of counties, and to fix the grade
of state licenses of teachers that shall be accepted as the mini-
mum requirement for teachers in said city.

9. To take and appropriate lands and other real property
within said city for school purposes, upon making compensa-
tion therefor in the same manner and under the same proceed-
ings as prescribed in this act, and as conferred upon the board
of public works for opening of streets and highways.

10. To have, to the exclusion of all boards and officers, ex-
cept the superintendent of public instruction and the regents
of the university of this state, the entire supervision and man-
agement of the schools of said city; from time to time to adopt,
alter, modify or repeal, as it may deem expedient, rules and
regulations for its organization, government, and instruction;
for the reception of pupils and their transfer from one school-
room or school house to another; for their advancement from
class to class as their degree of scholarship shall warrant, and
generally to promote the good order, efficiency and prosperity
of all the schools of the city.

11. To allow the children or persons nonresidents of the city
to attend any of the schools therein under the control of the

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 195

said board, upon such terms as said board may, by resolutioD,
prescribe*

12. To establish and maintain a city school library and pro-
vide suitable rooms for the use of the same; to exercise the
same discretion as to the disposition of the moneys provided by
law for the purchase of libraries as is conferred upon the in-
habitants of school districts.

13. Other than as provided by this act, to exercise all the
powers conferred upon the inhabitants of school districts at
school district meetings.

14. Other than as provided in this act, to exercise all the
powers conferred, and all the duties imposed by the general
laws of the state applicable to boards of education in cities.
The records of the proceedings of said board, or a transcript
thereof, certified by its president and clerk, shall be received
in all courts or places as prima facie evidence of the facts
therein stated.

§ 159. Powers of board of education to raise tax for sup-
port of schools. — On or before the fifteenth day of October in
each year, the said board of education shall prepare a statement •
of such sums of money as it shall deem necessary during the
fiscal year commencing with the first day of January next
ensuing, for each of the following purposes:

1. For wages of superintendent and teachers, after applying
such of the public school and other moneys as may be appli-
cable thereto.

2. For the maintenance of a high school, if one shall have
been established, and the payment of the teachers thereof after
applying such of the public school and other moneys as may be
applicable thereto.

3. For the repair of schoolhouses, outhouses and grounds
with the appendages and appurtenances.

4. For the purchase, repair or improvement of school ajh
paratus, books, furniture and fixtures.

5. For the purchase of fuel and lights and to pay contingent
expenses of the district, including the salaries of janitors, as-
sistants, employees, and incidental expenses.

Before the meeting of the board of education at which the
aforesaid statement is prepared, the said board of education
shall give to the mayor ofiicial notice thereof, and the mayor

VJQ LAWS OF NEW YORK. [Chap.

shall attend said meeting and be accorded the right of inquiry
into all the items of said statement, and all the privileges in
said meeting of the members of said board, except the privilege
of voting. Whenever the board of education shall finally have
determined on the statement of expenses itemized as hereto-
fore provided, it shall present the same to the mayor or act-
ing mayor of the city of Fulton. If the mayor or acting mayor
approves such statement he shall sign it, and immediately file
the same y,\th the city clerk; if he does not approve any item
therein, he shall within five days return the statement with
his objection endorsed thereon or annexed thereto, to the presi-
dent of the board of education. Said board shall then proceed
to reconsider such statement, and if two-thirds of the members
then in office agree to sustain the statement as made, it shall
stand as if it had been approved by the mayor, and shall be
immediately filed with the city clerk. If two-thirds of the mem-
bers of said board do not agree to sustain the statement as
made, it shall be modified so as to conform to the views ex-
pressed by the mayor in his objection, and he shall then sign
it and file it with the city clerk. If the mayor or acting ma^or
fails to sign a statement of moneys required as herein provided,
or fails to return within five days after its submission, said
statement with his objections thereto to the board of education,
said statement shall be filed with the city clerk in the same
manner as if it had been approved. W^hen such statement is
filed with the city clerk, the common council of said city shall
include in the annual tax and assessment roll for the ensuing
year the amount specified in said statement and the same shall
be collected by the city chamberlain, who shall credit the same
to the general school fund of the city.

§ 160. Payment of funds to chamberlain. — All public moneys
or public funds now belonging or appropriated to the use of
said school district number one of the town of Volney, or of
Baid school district number two of the town of Granby, shall
be paid to the chamberlain of said city, who shall keep the
same separate from the general funds of the city and shall
credit to the school fund the moneys or property belonging
thereto. The board of education shall disburse all the school
funds of said district by orders upon the chamberlain signed
by the president and countersigned by the clerk of said board;

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 197

said orders shall be numbered consecutively, and shall specify
the purpose for which they are drawn and the person to whom
payable. Upon request from said board, the chamberlain shall
certify, from time to time, the balance remaining to be collected
by or paid to him for school purposes.

§ 161. Powers of board of education to purchase sites, or ad-
dition to any site, or erect or enlarge any school building. — •
Whenever the board of education shall resolve by an affirma-
tive vote of two-thirds of its members that it is necessary to
purchase a site or addition to any site, or erect any school build-
ing or enlarge any school building already erected, it shall spec-
ify in such resolution the ward within which such site is to be
purchased, or building erected or enlarged, and the particular
sum required for each separately. The board of education
shall then deliver a certified .copy of such resolution to the com-
mon council, which shall, within thirty days of the receipt of
said resolution, call a special election of the qualified electors
of said city to vote for or against such appropriations as the
proposed expenditures will impose. Said election shall be con-
ducted and the result declared and certified pursuant to the
provisions and manner prescribed for conducting special elec-
tions provided in this act. In case a majority of the votes cast
be in favor of any of said appropriations, the common council
shall borrow upon the faith and credit of said city the aggre-
gate of the items having such majority, or any part thereof, at
any time before and until the same can be provided for accord-
ing to law. The common council shall issue bonds of the city
therefor.

§ 162. Annual report of board of education. — It shall be the
duty of the board of education, on or before the first day of
January in each year, to make to the common council of the
city a detailed report of the manner in which it shall have ex-
pended the money provided for and appropriated to school pur-
poses from any source during the last fiscal year; and such
report shall be published by the common council in connection
with, and as a part of, the annual report of the financial trans-
actions of the city, which they are required by law to publish.

§ 163. State superintendent of public instruction to appor*
tion state moneys. — It shall be the duty of the superintendent
of public instruction of the state, to apportion for the use of

198 LAWS OF :NE\V YORK. [Chap.

the said board of education of the city of Fulton such portions
of the school, school library, and other public money, as it shall
be entitled to by its annual report, in the same manner in which
such moneys are apportioned to cities; and the amounts to which
It shall be so entitled shall be certified to the county treasurer
of Oswego county. The said county treasurer of Oswego county
shall pay over to the city chamberlain of the city of Fulton, for
the use of said city, such proportion of the school, school library,
and other public money as may be apportioned by law or by the
superintendent of public instruction of the state to the board
of education of the city of Fulton for teachers' wages, school
library, and other school purposes.

§ 164. Common council shall pass ordinances for protection
of school property. — The common council of the city of Fulton
shall have the power, and it shall be its duty, to pass such ordi-
nances and by-laws as the board of education of said city shall
report necessary for the protection, safekeeping, care and pres-
ervation of the school buildings and other school property of
said district, and to impose such penalties for the violation of
the same as it shall deem proper.

§ 165. Charges of misconduct or neglect of duty of any mem*
her of board of education. — Charges of misconduct or violation
or neglect of duty on the part of any member of the Doard of
education may be presented to said board by any member
thereof, or by any elector of the city of Fulton, and such charges
shall be duly examined by such board, at a regular or special
meeting, of which the accused member shall have at least five
days' notice, but at which meeting said accused member shall
not be entitled to vote. If at such meeting, after hearing the
evidence on both sides, said board shall deem the charges
against the member sustained, then all the papers and docu-
ments in the case, with a transcript of the proceedings of the
meeting, shall be transmitted by the clerk of the board of edu-
cation to the superintendent of public instruction of the state;
and upon his approval of the findings of the board, the accused
member shall be removed and his place deemed vacant.

§ 166. Eeport of superintendent of schools. — The superintend-
ent of schools of the city of Fulton shall confer with and act
under the direction of the board of education of said city in the
performance of his duties. He shall, subject to the direction
of said board, have general control and supervision of the pub-

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 199

lie schools in said city, and of the teachers employed therein,
and shall, on or before the first day of January in each year,
or at BQCh other time or times as shall be required by said board,
report in writing to the board of education on the following
subjects :

1. The whole number of schools within the jurisdiction of the
board of education, their cleanliness and their sanitary con-
dition.

2. The repairs or alterations, if any, that are necessary for.
each of said schools.

3. The c6ndition of the school furniture, apparatus and books,
in the several schools, and the repairs and additions thereto
that may be necessary.

4. The number of teachers employed in the several schools,
their grade of work, and their efficiency, with suggestions as to
the increase or decrease in the number thereof.

5. The number of pupils registered in each school, the average
daily attendance, and also the number of pupils enrolled in each
grade in the several schools.

6. Such changes in the organization and curriculum of any or
all of the schools as he may deem advisable.

7. Such other information in relation to the city schools as
may be of interest to the people of Fulton.

§ 167. District a anion free gchool. — ^The said district shall
be deemed, and is hereby declared to be, a union free school
district under the laws of the state relating to public instruc-
tion. All provisions of law, not inconsistent with the provisions
of this act, applicable to school districts whose limits corre-
spond with any incorporated city, and the board of education
therein, and the corporate authorities of such cities, are made
applicable to the school district hereby established, and to the
board of education thereof, and to the corporate authorities of

the city of Fulton.

TITLE IZ.

The Board of Health.

Section 175. Board of health ; how appointed.

176. President of the board.

177. Health officer.

178. Powers and duties of board.

179. Clerk of the board of health

200 LAWS OF NKW YORK. [Chap.

Section 175. Board of healtli; how appointed. — The mayor
first elected under the provifiions of this act shall, before the
first day of May following his election, appoint three members
of the board of health, who shall hold their office until the first
day of January, nineteen hundred and four. Thereafter, the in-
coming mayor shall, on, or ten days prior to, the first day of
January of each even numbered year, appoint their successors,
who shall hold office for two years from the said first day of
January.

§ 176. President of the board. — ^The said board, at its first
meeting, shall select one of its number who shall be' president
of the board of health during his term of office. Said board
shall be organized under the public health law of the state.

§ 177. Health officer. — ^The city physician shall, by ^irtue of
his office, be the health officer of the city. The said officer shall
be under the direction of said board of health, and shall per-
form such duties as may be required by said board of health,
not inconsistent with this act and the general laws of the
state.

§ 178. Powers and dnties of board. — The board of health and
the members thereof shall have all the powers and be charged
with all the duties and responsibilities conferred and imposed
upon local boards of health, and the members thereof by the
general laws of the state, so far as the same pertain to cities,
except as herein otherwise provided.

§ 179. Clerk of the board of health.— The city clerk shall be
the clerk of the board of health.

TITLE X.

Department op Charities.

Section 180. Appointment of commissioner.

181. Powers and duties of commissioner of charities.

182. Monthly report of commissioner.

183. Common council to audit accounts.

184. Commissioner not to be interested in purchases.

185. Penalties.

186. Liquor not to be sold to city poor.

Section ISO. Appointment of oommissioner. — On or before the
first day of ^lay succeeding the first election under this act, the

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 201

major shall appoint a commissioner of charities, who shall hold
his oflSce until the first day of January, nineteen hundred and
four. Thereafter, the incoming mayor shall, on, or ten days
prior to, the first day of January of each even numbered year,
appoint his successor for the term of two years.

§ 181. Powers and duties of commissioner of charities. — Ex-
cept as provided by this act, the commissioner of charities of
the city of Fulton shall, within the city of Fulton, have and
exercise the same powers and discharge the same duties to the
exclusion of any other officer, as overseers of the poor in towns.
The commissioner of charities of the city of Fulton shall also,
by virtue of his office, possess all the powers and authority of
overseers of the poor of the several towns of the state in rela-
tion to the support and relief of indigent persons, the bind-
ing out of children, the care of habitual drunltards, the support
of bastards and proceedings to charge the fathers and mothers
of such bastards, and shall have all such other powers as are
conferred on overseers of the poor in the respective towns of
the state, and shall be subject to the same duties, obligations
and liabilities. It shall be the duty of the commissioner to
visit the poor of s^id city at their several places of abode, and
examine into their circumstances, and ascertain to what extent
they are, or may be, in need and entitled to permanent or
temporary relief or medical attendance. No physician other
than the city physician shall be employed by the commissioner
of charities to attend the poor of said city, unless otherwise
authorized or directed by the common council. The commis-
sioner of charities shall have power to administer oaths to,
and examine under oath, any person applying to him for relief;
and false swearing during such examination shall be deemed
wilful perjury. The commissioner shall issue written orders
for all meals, provisions and supplies furnished to the poor of
said city.

§ 182. Monthly report of commissioner. — The commissioner
of charities, at the first regular meeting of the common council
in each month, shall under oath report in detail to the common
council all expenditures, temporary relief, medical attendance,
and allowance made by him as such commissioner during the
month preceding, which report shall specify the name and place
of abode of each person relieved, the quantity and price per

202 LAWS OP NEW YORK. [Chap.

pound, or otherwise as the ease may be, of each article fur-
nished or ordered, and from whom obtained; said report shall
also contain the names and places of abode of all persons to
whom meals or lodgings have been furnished, the number of
such meals and lodgings, from whom obtained, or by whom
furnished, and the cost of the same. Said report shall be filed
with the city clerk.

§ 183. Common oounoil to audit accounts. — All charges and
accounts against said city for services rendered, acts done, or
meals, provisions or supplies furnished, under the direction of
the commissioner of charities of said city, or for medicines
furnished by order of the city physician, shall be made out in
items, duly verified, by the persons entitled to the payment there-
for, and presented to the common council at the first regular
meeting of said council in each month, for all claims and de-
mands incurred or which may have accrued during the preceding
month; all such claims, accounts and charges, shall, if approved,
be audited by the common council, and paid from the poor fund
of said city.

§ 184. Commissioners not to be interested in purchases. —
The commissioner of charities shall not, directly or indirectly,
furnish to any person any groceries, provisions, fuel, medicines
or property belonging to himself, or in which he shall have an
interest or be interested, nor shall he receive any commission
upon or for any goods or articles of relief furnished, or on any
orders given by him for any such goods or articles or relief fur-
nished. For any violation of any provision of this section, said
commissioner shall be removed from office by the mayor, and he
shall forfeit to said city a penalty of one hundred dollars for
every such violation.

§ 185. Penalties. — Any violation to whom relief shall be fur-
nished by the commissioner of charities, or the city physician,
who shall sell or exchange any article or property so furnished,
for intoxicating liquor, or for money, shall be guilty of a mis-
demeanor} and any person who shall exchange intoxicating
liquor for any article so furnished as relief or charity, know-
ing the same to have been thus furnished to such person as a
poor person, shall be guilty of a misdemeanor.

§ 186. liquor not to be sold to city poor. — Any person who
shall, either directly or indirectly, sell, or give away, to any

fi3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 203

person who is wholly or partially a charge upon the department
of charities of the city, any intoxicating liqnor, shall forfeit a
penalty of one hundred dollars for each offense, to be sued for

and recovered by the city for the benefit of the poor fund, and
in addition thereto shall be guilty of a misdemeanor.

TITLE XI.

Ddpartment of Justioo.

Section 190. City court.

191. Election of city judge.

192. Booms and supplies.

193. Jurisdiction in civil cases.

194. No jurisdiction in certain civil matters.

195. Jurisdiction in criminal cases.

196. Vacancies.

197. Powers and duties of judge.

198. Marshals and their duties.

199. Jurisdiction of persons, and service of process.

200. Practice, et cetera.

201. Practice, et cetera.

202. Judgments; executions and transcripts.

203. Adjournments.

204. Supplementary proceedings.

205. Court fees.

206. Costs.

207. Punishment for contempt.

208. Appeals.

209. Judge to charge jury.

Section 190. City court. — A court of civil and criminal Juris-
diction, to be called and known as the city court of the city of
Fulton, is hereby created and established, in and for said city,
with the jurisdiction and powers hereinafter provided. The city
judge shall be the judge of the court. The court shall be open
for the transaction of business each day in the year, from nine
to eleven o'clock ante meridian, and as much longer as neces-
sary, except Sundays and legal holidays, and upon those days
for such purposes as are provided by law.

§ 191. Election of city judge. — A city judge shall be elected
at the first city election to be held on the fifteenth day of April,

204: LAWS OF NEW YORK, [Chap.

nineteen hundred and two, who shall hold office until the first
day of January, nineteen hundred and six. At the general city
election to be held in the year nineteen hundred and five, and
each four years thereafter, a city judge shall be elected, who
shall hold office for four jears from the first day of January
following his election.

§ 192. Booms and supplies. — The common council of said city
shall provide suitable rooms, light, fuel, furniture, necessary
blank books, blanks and stationery, and other necessary
articles, for the use of said court; and shall provide for the pay-
ment of all necessary expenes of said court, including the com-
pensation of a stenographer, which shall not exceed three dol-
lars per day for reporting trials, nor two cents a folio for tran-
scribing minutes.

§ 193. Jurisdiction in civil actions and proceediags. — Except
as provided in the next section, the city court shall have juris-
diction of the following civil actions and proceedings, to wit:

1. An action to recover damages upon, or for breach of con-
tract, express or implied, other than a promise to marry, when
the sum claimed does not exceed five hundred dollars.

2. An action to recover damages for a personal injury, or an
injury to property, where the sum claimed does not exceed five
hundred dollars.

3. An action to recover a fine or penalty, not exceeding five
hundred dollars.

4. An action upon a judgment, not exceeding five hundred
dollars, rendered in said court, or in any court of the state of
local jurisdiction, being a court not of record.

5. An action to recover one or more chattels, with or without
damages for the taking, withholding or detention thereof,
where the value of the chattels as stated in the affidavit of the
plaintiff does not exceed five hundred dollars.

6. An action upon a bond, conditioned for the payment of
money, where the sum claimed to be due does not exceed five
hundred dollars, the judgment to be rendered for the sum actu-
ally due; where the sum secured by the bond is to be paid by
installments, an action may be brought for each installment as
it becomes due.

7. An action upon a surety bond, taken in said court, op by
a justice of the peace.

(53.] ONE HUNDRED AND TWENTY-FIFTH RERSION. 205

8. To render judgment upon the confession of the defendant
or defendants, as prescribed in title six, chapter nineteen of the
code of civil procedure, where the sum confessed does not ex-
ceed one thousand dollars.

9. In summary proceedings, under title two, chapter seven-
teen, of the code of civil procedure, to recover possession of
land, and to remove tenants and others therefrom.

10. In actions or proceedings under any statute for the en-
forcement of liens of mechanics and others, where the amount
of the lien does not exceed the sum of five hundred dollars, the
same proceedings to be had as are provided by law to be had
in justice's court.

11. In proceedings in the cases of bastardy brought by the
commissioner of charities, of the city of Fulton, or by the super-
intendent of the poor of Oswego county.

12. In an action against an executor or administrator, as such,
where the amount of the claim is less than one hundred dol-
lars, and the claim has been duly presented to the executor or
administrator, and rejected by him.

13. In an action for damages for fraud in the sale, purchase
or exchange of personal property, if the damages claimed do
not exceed five hundred dollars.

14. In an action commenced by attachment, pursuant to the
provisions of article four, of title two, chapter nineteen, of the
code of civil procedure, if the debt or damages claimed do not
exceed five hundred dollars.

15. In any other action or proceeding, of which justices of the
peace of towns now have jurisdiction.

§ 194. Ho jurisdiction in certain civil matters. — The city
court shall not take cognizance of a civil action in either of the
following cases:

1. Where the title to real property comes in question, as pre-
scribed in title three, of chapter nineteen, of the code of civil
procedure. When such question arises, the pleadings and prac-
tice shall be the same as are now provided by law, for justices'
courts in regard thereto.

2. When the action is to recover damages for false imprison-
ment, libel, slander, criminal conversation, seduction or mali-
cious prosecution.

3. Where, in the matter of an account, the sum total of the

206 LAWS OF NEW YORK. [Chap.

accounts of both parties, proved to the satisfaction of the court,
exceeds one thousand dollars.

§ 195. TnrisdictioiL in criminal oases. — The city judge in all
criminal actions and proceedings, and special proceedings of a
criminal nature, for or on account of offenses committed, or
charged to have been committed within the city, shall exclu-
sively, have all the jurisdiction and authority, which a justice
of the peace of a town would have, if such offenses were com-
mitted or charged to have been committed in the town, includ-
ing bastardy proceedings, in which latter proceeding it shall
not be necessary for the city judge to associate with himself
another magistrate. The city court shall exclusively, possess
and exercise all the powers conferred upon courts of special
sessions, and shall be subject, in the exercise of such powers,
to all the provisions of law relating to courts of special sessions,
as to all misdemeanors committed, or charged to have been
committed, in said city, except as herein otherwise provided;
and upon a conviction in said court for any misdemeanor of
which the court has jurisdiction, the same sentence may be im-
posed as might be imposed were such conviction had in a county
court. The city judge and the city court shall also have
exclusive jurisdiction to try and determine all questions of vio-
lation of any and all city ordinances, rules and regulations, and
unon conviction, to impose the punishment provided by law.
All persons charged with being intoxicated, under any statute,
in any street, park, alley, or public place in said city, shall be
tried summarily without a jury.

§ 196. Vacancies. — Whenever a vacancy shall occur in the of-
fice of city judge, the same shall be filled at the next city elec-
tion, and the person so elected, shall hold office for four years
from the first day of January following such election; until
the first day of January following such election, the said va-
cancy shall be filled by the appointment of some qualified and
competent attorney at law by the mayor. During the tem-
porary absence from the city of the city judge, or whenever
said judge, by reason of sickness, or any inability or disability
whatever, shall be unable to perform the duties of his office,
the mayor shall appoint, by a writing filed with the city clerk,
a competent and qualified attorney at law to perform the duties
of the same, including cases then pending before said city judge,

G3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 207

until said city judge resumes his duties ; and the said attorney,
so appointed and acting, shall receive the same pro rata com-
pensation as said city judge, and shall be under the same duties
and have and exercise all the power and authority of the city
judge. His claim for services shall be itemized and verified
and presented monthly to the common council, who shall audit,
allow and pay the same, and shall deduct the amounts so paia
from the salary of the city judge, except as hereinafter provided,
§ 197. Powers and duties of judge; court seal; evidence. —
The city judge shall have power to take oaths and acknowledg-
ments with the same force and effect as a justice of the peace.
He may command the services of the chief of police, or any
patrolman of said city, to enforce the authority of the court
and maintain order. He shall have power to appoint and re-
move at will, a stenographer, who shall take the usual oath
of office, and file it with the city clerk. The said stenographer
whenever required by said judge, shall take stenographic min-
utes of any trial or proceeding had in the city court, or before
said judge, and transcribe the same. Said judge may jnaKe and
certify in the form provided by law, for clerks of courts of
record of this state, copies of entries in his docket, or in his
minutes, and of all papers filed in said court. The said judge
shall keep an accurate account of all fees and fines received,
from whom received, the time of receiving the same; and on the
first business day of each month, shall deposit with the cham-
berlain the amount thereof received in the last preceding month,
with a detailed statement of the items thereof, verified by his
affidavit to the effect that the same is correct and embraces
all moneys paid into said court, or received by .said judge, for
fees and fines during the period covered by said statement. He
shall also keep an account of all criminal business done by him,
which by law is now made a charge upon the county of Oswego,
and at the annual meeting of the board of supervisors, the
same shall be audited and ordered paid to the chamberlain of
the city. He shall keep an account of all his proceedings, and
in his docket a complete and accurate record of all process
issued from and returned to said court, and of all proceedings
in each civil and criminal action, and all proceedings brought
therein or before him, and shall enter therein the judgment
and decision of said court or judge. Such docket shall have

208 LAWS OF NEW YORK. [Chap.

the same force and effect as evidence in courts of the state
as dockets of justices of the peace of towns. Said court
shall have an official seal, to be furnished by the city, on which
shall be engraved the words " City court of Fulton," " Seal."
Said judge shall have the custody of said seal, and any certifi-
cate made by him, under his hand and the seal of said court,
of any fact or matter, to which, by this act, he shall be entitled
to certify, shall be evidence of the facts therein stated, and
shall be received in evidence in all courts and places, and be
of the same force and effect as if the court were a court of
record. In actions and proceedings for the recovery of fines and
penalties, the certificate of the city clerk, under the corporate
seal of said city, setting forth any ordinance, by-law, rule or
regulation, and certifying the adoption of the same, and the
date of such adoption, shall be presumptive evidence of the
existence and adoption thereof.

§ 198. Marshals and their duties. — The patrolmen of said city
shall be and act as marshals of the city court. The chief of
police of said city shall designate from time to time one of
said patrolmen to be and act as attendant upon the court dur-
ing its sessions. The city judge shall have power to make
such rules and regulations, to be entered in the court docket,
concerning the attendance and duties of marshals, as attend-
ants upon the court, as he deems necessary and proper; and a
violation of such rules and regulations by the marshals is
hereby constituted a cause for suspension or removal from the
office of patrolman, by the board of fire and police commis-
sioners.

§ 199. Jurisdiction of persons and service of process. — The
said court shall have the same jurisdiction over persons of de-
fendants as is now possessed by justices' courts of towns. All
civil process or papers issued by the judge of said court may
be executed and served anywhere within the county of Oswego,
and all process and papers issued must be directed to and
served by the chief of police or any marshal of said city.

§ 200. Practice, et cetera. — The process, service of the same,
appearances, practice, pleadings and the proceedings in said
court, and in appeals therefrom, judgments by confession, offers
to compromise, fees, costs and disbursements, shall, except as
herein otherwise provided, be governed by the provisions of the

63.] ONE HUNDRED AND TWENTY FIFTH SESSION. 209

code of civil procedure, in regard to courts of justices of the
peace, including the provisions of chapter four hundred four-
teen, of the laws of eighteen hundred and eighty-one, and the
acts amendatory thereof, in relation to the service and making
of verified pleadings in justices' courts. The judge of said
court may, from time to time, make, alter and amend, rules of
practice, not inconsistent with the provisions of law. Such
rules, alterations or amendments, shall not take effect, until a
copy thereof, signed by said judge, and indorsed with the ap-
proval of a justice of the supreme court of the fifth judicial
district, shall have been filed in the office of the clerk of Oswego
county, nor until such copy, with said indorsement shall have
been published, once in a newspaper of said city, in which city
notices are published. The appearance of an attorney and
counselor at law of the supreme court of this state, on behalf
of any party, to an action or proceeding pending in said city
court, may be made by filing with the judge of said court, a
notice of appearance, and shall have the same force and effect
as if such appearance had been made in a proceeding pending
in the supreme court. Any action or proceeding pending in
said court may be discontinued by filing with the judge of said
court a stipulation to that effect, signed by the parties or their
attorneys, and by paying said judge all the fees of said court,
including marshals' fees. In such a case judgment of nonsuit
need not be rendered. The court shall have power to open de-
faults, and in an action tried by a jury, to direct a verdict, and
the judge shall have power to grant a new trial of the action
or proceedings for any of the reasons specified in section nine
hundred ninety-nine of the code of civil procedure, upon such
terms as may be just. Said court or judge shall have the same
power as the supreme court, or the justices thereof, to enter-
tain motions, make orders, and grant relief to a party in any
action or proceeding of which it has or has had jurisdiction, ex-
cept where an appeal has been taken. If notice of a motion
or any other proceeding before the court or judge thereof is
necessary, it shall be served upon the party or his attorney,
at least five days before the time appointed for the hearing,
unless the court or judge thereof, upon an affidavit showing
grounds therefor, makes an order to show cause why the order

210 LAWS OF NEW YORK. [Chap.

should not be granted, and in the order directs that service
thereof, upon an affidavit showing grounds therefor, upon
shorter notice, shall be sufficient. A motion for a new trial
upon the minutes must be made within seven days after judg-
ment is entered. Judgment upon the trial of an action on the
merits must be rendered within ten days after the same has been
finally submitted. Every action or proceeding brought in said
court or before said judge shall be called at the time specified
in the mandate or process by which it is commenced, or as soon
thereafter as business will permit, and section twenty-eight
hundred ninety-three of the code of civil procedure shall not ap-
ply to such action or proceeding.

§ 201. Practice, ct cetera. — A marshal to whom a warrant
of attachment is delivered, must execute it at least six days be-
fore the return day of the summons, by levying upon and taking
into his custody, so much of the personal property of the de-
fendant, not exempt from levy and sale, by virtue of an execu-
tion, which he finds within his county, as will satisfy the
plaintiff's demand, with the costs and expenses. He must take
into his custody all books of accounts, vouchers and other
papers, relating to the property attached. The attachment may
be levied on the rights or shares which the defendant has in
the stock of an association or corporation, together with the
interest and profits therein, and the marshal's certificate of sale
thereof entitles the purchaser to the same rights and privileges
with respect thereto, which the defendant had when they were
so attached. The attachment may also be levied upon a cause
of action arising upon contract, including a bond, promissory
note or other instrument for the payment of money only, nego-
tiable or otherwise, whether part due or yet to become due,
executed by a foreign or domestic government, state, county,
public officer, association, municipal or other corporation, or
by a private person, either within or without the state, which
belongs to the defendant and is found within the county. The
levy of the attachment thereupon is deemed a levy upon and
seizure and attachment of the debt represented thereby. The
marshal must safely keep the property attached to be disposed
of as prescribed in chapter nineteen, title two, article four of
the code of civil procedure, and must immediately make an in-
ventory thereof, stating therein the estimated value of the prop-

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 211

erty attached. A subpoena issued out of the court to compel
the attendance of a witness must be served as follows:

1. The original subpoena must be exhibited to the witness.

2- A copy of the subpoena must be delivered to him, at the
same time paying and tendering to him his lawful fee for one
day's attendance as a witness.

The defendant in an action' brought in said court may
require security for costs to be given when the plaintiff
was, when the action was commenced, either a person
residing without the state, or .a foreign corporation. If
there are two or more plaintiffs, the defendant cannot re-
quire security for costs to be given, unless he is entitled to re-
quire it of all the plaintiffs. In an action brought by or against
an executor or administrator in his representative capacity, or
the trustee of an express trust, or the official assignee of a
person imprisoned under execution for a crime, or the official
assignee or official trustee of a debtor, in bankruptcy or other-
wise, or an infant whose guardian ad litem has not given such
security, or the committee of a person judicially declared to be
incompetent to manage his affairs, the court may in its discre-
tion require the plaintiff to give security for costs. Where
security for costs is required to be given, the court shall make
an order requiring the plaintiff, within the time specified, either
to pay into court a sum, in its discretion not exceeding one hun-
dred dollars, to be applied to the payment of the costs,
if any, awarded against him, or at its election to file
with the court an undertaking; and staying all other
proceedings on the part of the plaintiff, except to review
or vacate the order, until the payment or filing, and also
if an undertaking is given, the allowance of the same. The pro-
ceedings to compel the giving of security for costs, form of the
undertaking, the sureties, exceptions to sureties, justification
of sureties, allowance of the undertaking, effect of the plain-
tiff^s failure to comply with an order, except as herein other-
wise provided, shall be governed by the provision of title three,
chapter twenty-one, of the code of civil procedure. Except in
a case where an appeal has been taken, the court shall have
power, in proper cases and in furtherance of justice, to vacate,
modify and correct judgments rendered in said court. Section
eight hundred seventeen of the code of civil procedure relating

212 LAWS OF NEW YORK. [Chap.

to consolidating causes of action shall apply to said court.
Costs must be taxed by the judge upon application of the party
entitled thereto, and sections thirty-two hundred sixty-five,
thirty-two hundred sixty-six and thirty-two hundred sixty-seven
of the code of civil procedure shall apply to said court. At the
time when an issue of fact is joined, either party may demand
a trial by jury, and unless so demanded at the joining of issue,
a jury trial is waived; provided, in case a judgment of said
court be reversed on appeal and the action sent back to said
court, for a new trial, either party may upon the day desig-
nated by the appellate court for such trial, demand a jury trial.
A jury shall consist of the same number of jurors as provided
in title five, of chapter nineteen of the code of civil procedure;
provided that the defendant may demand a trial by a jury of
twelve men. In case a jury of twelve is demanded, said judge
shall draw twenty names, and the same shall be summoned,
and a jury of twelve empaneled to try the cause, in the same
manner as in other cases required by law applicable to said
court. The parties may, however, elect to try the cause by a
less number than twelve at any time before a witness is sworn.
A party demanding a trial by jury shall thereupon pay to the
court, if a jury of six is demanded, a fee of five dollars and fifty-
cents; and if a jury of twelve is demanded, a fee of eight dol-
lars and fifty cents; and the same amount for each second or
subsequent jury drawn; and in addition, twenty-five cents for
each person directed to attend as talesman. Out of such
moneys the court shall pay to each person summoned as a
juror, appearing at the time for which he was notified to attend,
and who is not excused at his own request, a fee of twenty-five
cents; the court shall retain for each person actually notified
to attend pursuant to the venire, a fee of ten cents, and one
dollar for the marshal attending the trial and taking charge
of the jury during its deliberation. The balance remaining, if
any, shall be repaid to the party paying the same. The fees of
jurors and marshals herein provided to be paid, shall be in lieu
of those fixed by the code of civil procedure. Except as herein
otherwise provided, the provisions of title five, of chapter nine
teen of the code of civil procedure shall apply to actions in
said court. Upon the return day of a summons, if the defend-
ant fails to answer, and if the complaint demands judgment

6:5.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 210

for an injury to person or property, the plaintiff may demand
a jury to assess the damages, and thereupon the same sums
shall be paid and the same proceedings had, as upon a demand
for and a trial by jury after the joinder of issue; and judg-
ment must be entered for the amount of damages ascertained
by the jury.

§ 202. Judgments, executions and transcripts. — All the powers
now given by the code of civil procedure, or by statute,
to justices of the peace of towns, to issue executions or give
transcripts, are hereby given to the judge of said court. A
judgment of said court shall be in all respects the same as a
judgment rendered by a justice of the peace of towns, and all
provisions of the code of civil procedure, in relation to filing
transcripts of such judgments and docketing the same in the
oflSce of the clerk of Oswego county, or any other county, and
the effect of said judgment when so docketed, shall in all
respects be the same as if said judgment was recovered before
a justice of the peace of a town. Such judgment shall be a
lien and remain in force for the same length of time as a judg-
ment originally recovered in the county court.

§ 203. Adjournments. — The court may, in its discretion, grant
one or more adjournments of a trial of an action or the hear-
ing of a motion or other proceeding, for such time and upon
such terms as it may deem just, unless the defendant has been
arrested, in which case no adjournment shall be made without
the defendant's consent. Subject to the approval of the judge
of the court, any action or special proceeding may be adjourned
after issue is joined, by stipulation signed by the parties or
their attorneys and filed with the court.

§ 204. Supplementary proceedings. — Proceedings supplemen-
tary to an execution against property, as regulated by the code
of civil procedure, may be instituted before the judge of this
court in any case where the judgment sought to be enforced
was rendered therein. For this purpose the judge shall have
all the powers conferred by law upon county judges, and ap-
peals may be taken from an order granted therein, in the same
manner and to the same court as if the order appealed from
had been granted by a county judge.

§ 205. Court fees.— There shall be paid to said judge the fol-
lowing sums only, as court fees in a civil action: upon issuing

214 LAWS OF NEW YORK. [Chap,

a Bummons, one dollar; upon the return day, if judgment is
to be taken by default, or if issue is joined (1), if such judg-
ment is rendered, or the amount demanded in the complaint
is for a sum less than twenty-five dollars, fifty cents; (2), if
such judgement is rendered of the amount demanded in the
complaint is for the sum of twenty-five dollars or over, one
dollar; for the trial of an action by the court, if issue is joined,
one dollar and fifty cents; for the trial of an action by a jury,
two dollars and fifty cents; for each transcript or execu-
tion, twenty-five cents; for making a return upon an appeal
from a judgment or order, two dollars; and in addition thereto
there shall be paid, before the return is filed with the appellat<»
court, six cents for each folio of one hundred words contained
' in said return in excess of fifty folios. In summary or special
proceedings, including bastardy proceedings, the fees shall be
the same as are now allowed by law to justices and justices
courts. Said judge shall require prepayment of all such fees.
All fees paid into said court or included in any judgment
rendered therein except jury and witness fees, shall belong to
the city of Fulton, and no such judgment shall be satisfied,
until said fees are paid into said court, but fees prepaid by
either party recovered by any judgment in his favor, and paid
into court, shall be refunded to him.

§ 206. Costs. — In all civil actions and proceedings in this
court, the successful party shall tax and recover all fees, in-
cluding jury, marshal and witness fees paid by him or which
he will necessarily incur, together with all reasonable and
proper disbursements, not exceeding the sums allowed by th<»
code of civil procedure, actually and necessarily made by him
in the prosecution or defense of the action or proceeding. In
addition thereto there shall be allowed to a party, in case he
has appeared by a registered attorney, and not otherwise, tin*
following sums as costs:

1. For all proceedings before trial, including judgment for
the plaintiff upon default, in case the amount of recovery b<*
fifty dollars or less, to the plaintiff, three dollars; if the re-
covery be more than fifty dollars and less than two hundred
dollars, four dollars; and if the recovery be over two hundred
dollars, five dollars.

03.] 0^¥1 HUNDRED AND TWENTY-FIFTH SESSION. 215

2. On a judgment for plaintiff, otherwise than upon a default,
an additional sum equal to ten per centum of the recovery,
not to exceed in all twenty-five dollars.

3. If plaintiff recovers judgment in said court for the re-
covery of one or more chattels, the foregoing sums allowed as
additional costs, shall be estimated upon the value of said
chattels, as assessed by said court or jury.

4, If judgment of nonsuit is rendered for defendant without
trial, to tlie defendant, three dollars.

5. If jndgment is rendered for defendant after trial, to the
defendant, four dollars; and the court, in its discretion, may
allow an additional sum not exceeding in all twenty-five dollars.
6. A. defendant who recovers in said court a judgment upon
a counter claim, or obtains a judgment for possession or re-
covery of chattels sued for, is entitled, in addition to costs here-
tofore allowed said defendant, to recover a sum equal to ten
per centum upon said recovery, or upon the value of said chat-
tels, not to exceed in all twenty-five dollars.

7. No costs or fees shall be allowed or recovered in an action
brought upon a judgment of this court, unless such action be
brought more than five years after the recovery of the judgment
sued on.

8. Costs upon a motion in an action or proceeding, not ex-
ceeding five dollars, may be awarded either absolutely or to
abide the event of the action or proceeding, to any party, in the
discretion of the court or judge. Such costs, or costs awarded
under section two hundred eight of this title, may be in-
cluded in the final judgment, or if not so included, may be en-
forced in accordance with the provisions of section seven hun-
dred seventy-nine of the code of civil procedure.

9. Where the testimony of a witness is taken by virtue of a
commission or of an order to take depositions, and the testi-
mony is used on the trial, the successful party who files inter-
rogatories, or cross-interrogatories, or who was present when
the depositions were taken, is entitled to three dollars costs;
and in addition shall tax and recover all sums paid to the com-
missioner taking the depositions, not exceeding three dollars
for each day actually and necessarily engaged, to be proved to
the satisfaction of the court.

216 LAWS OF NEW YORK. [Chap.

10. Provided, however, the allowance of any and all costs
herein shall be in the discretion of the court, unless written
pleadings are filed on or before the return day.

§ 207. Punishment for contempt. — Tlie judge holding such
court, while in session, shall have the same powers to preserve
order and to punish for contempts committed in his presence,
as are possessed by judges of courts of record; providing, how-
ever, that an appeal may be taken from an order, adjudging a
person in contempt, to the county court in the same manner
as an appeal from a judgment. Pending the determination of
such an appeal, the person adjudged in contempt, if he shall be
imprisoned, may be admitted to bail by the judge of said court,
or of the county court in such an amount, and by an under-
taking, in such form and with such sureties, as shall be approved
by such judge.

§ 208. Appeals. — Appeals may be taken from any judgment
rendered in said court to the county court of Oswego county, as
prescribed in articles one and two of chapter nineteen of title
eight, of the code of civil procedure, and not otherwise; pro-
vided, where the judgment was rendered upon a trial by the
court without a jury, the appeal may be taken upon questions
of law or upon the facts, or upon both; and where the judg-
ment was rendered upon the verdict of a jury, the appeal may
be taken upon questions of law only. Appeals may also be
taken to the same court from an order granting or denying a
motion for a new trial. Such appeal must be taken within five
days of the making of the order appealed from. It shall be
taken in the same manner as an appeal from a judgment, and
all subsequent proceedings therein shall be conducted, as near
as may Jbe, in like manner as in such an appeal. The appellate
court may grant costs not exceeding ten dollars to the success
ful party on such an appeal. The order of the appellate court
shall be remitted to the city court to be enforced. For the
purpose of an appeal to the supreme court, the order of the
county court of Oswego county, made on an appeal from an
order, shall be deemed an order of said county court, except
that the order or judgment made in the supreme court shall
be certified and remitted to the city court to be enforced. Upon
an appeal from a judgment, the appellate court upon its reversal
may, in its discretion, order a new trial in the city court at a

a.] ONE HUNDRED AND TWENTY-FIFTH SERFilON. 217

time designated, and in such a case the costs of the appeal shall
be in the discretion of the appellate court, and any and all costs
in the appellate and city courts, may be by it directed to be in-
cluded in any subsequent judgment in the same action in said
city court. Upon a new trial in city court, the successful party
shall be entitled to recover the same costs as are provided for
in subdivisions two, three, four, five or six of section two hun-
dred six, of this title, as the case may be. Any decision or
opinion in writing, filed by the court or judge thereof, shall upon
an appeal be returned as a part of the record of the proceed-
ings. Costs required to be paid to perfect an appeal, under sec-
tion thirty hundred forty-seven of the code of civil procedure,
shall not include the costs awarded a party, under section two
hundred six, of this title, but upon judgment aftirming the judg-
ment appealed from, such costs may be included therein, ex-
cept that the per centum allowed under subdivisions two, three
and six of said section two hundred six, of this title, shall be
computed upon the amount of the damages awarded or the value
of the chattels recovered in the judgment of the appellate court.
§ 209. Judge to charge jury. — It shall be the duty of the city
judge to charge the jury on questions of law, whenever required
by any party to an action or his attorney.

TITLE XII.

Dbtpartmbnt of Law.

Bection 220. The city attorney; appointment, qualifications, and

salary of.

221. Duties of city attorney.

222. Payment of moneys.

223. Compromise of actions,

224. Employment of counsel.

225. Judgments; report upon to common council.

Section 220. The city attorney; appointment, qnalifications,
and salary of. — ^The first mayor elected under this act shall, on
or before the first day of May, nineteen hundred and two, ap-
point a competent person, licensed to practice in all the courts
of the state, to be city attorney, who shall hold oflRce until Jan-
uary first, nineteen hundred and four. Thereafter, and on, or

218 • LAWS OF NEW YORK. [CuAr.

ten days prior to, the first day of January of each even num-
bered year, the incoming mayor shall appoint his successor,
who shall hold office for two years. The city attorney shall
receive the salary and compensation provided for in section
twelve of this act.

§ 221. Duties of city attorney. — He shall be and act as the
legal advisor of the common council and of the several officers,
boards and departments of the city, and he shall appear for
and protect the rights and interests of the city in all actions,
suits and proceedings, brought by or against any city officer,
board or department; and such officers, boards, or departments,
shall not employ other counsel. No written contract provid-
ing for the payment of two hundred dollars or more, shall be
entered into by the city or any of its officers, boards or depart-
ments, until there shall be endorsed thereon by the city at-
torney a certificate to the effect that in his opinion the city
officer, board or department, which is to execute the same on
behalf of the city, has authority and power to make such con-
tract, and that said contract is in proper form; and he shall
attend to all the law business of the city, and discharge such
other duties as may be prescribed by the common council.

§ 222. Payment of moneys. — He shall pay over at once to
the chamberlain all moneys collected by him for or on behalf
of the city, including fines and penalties; and he shall ^annually,
on or before the first day of January, file with the city clerk an
inventory of all the books and property belonging to the city
in his custody.

§ 223. Compromise of suits. — He shall, whenever he consid-
ers that the best interests of the city will be subserved thereby,
enter into an agreemnt in writing, subject to the approval of
the common council, to compromise and settle any claim against
the city, which agreement shall be reported to the common coun-
cil at its next meeting, and be and constitute a valid
obligation against the city; and the amount therein provided
to be paid shall, with interest thereon at six per centum from
its date, be included in the next city tax budget; and when
raised by tax be paid the claimant.

§ 224. Employment of counsel. — The city attorney, with the
written consent of the mayor, or when authorized by the com-
mon council, may employ counsel to assist him in the argument

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 219

and conduct of important cases or proceedings in which the city
is interested or a party.

§ 225. Judgments; report upon to common council. — The
amount of any judgment recovered against the city, and pay-
able by it, remaining unpaid, with the interest due thoreoii, in
case no appeal is intended to be taken, or in case such judgment
is finally affirmed on appeal, shall be reported by the corpora-
tion counsel immediately after the same shall have become pay-
able, to the common council; and unless the common council
issue bonds to raise money for the payment of the same, such
amount shall be raised in the next levy of taxes for the expenses
of the city, unless execution upon such judgment shall be stayed.
Such judgments shall be paid out of the first moneys paid into
the city treasury on account of such levy, in the order of their
recovery. Until the money so raised shall be paid into the treas-
ury and payment of judgment refused, no execution shall issue
against the city, unless the amount of such judgment shall not
have been included in the tax levy.

TITLE xin.

Actions by and Against thb City.

Section 230. Limitations of actions against the city.

231. No disqualification as judge or juror because of resi-

dence in city.

232. Civil actions to recover penalties.

Section 230. Limitation of actions against the city. — No
action or proceeding to recover or enforce any claim, debt or
demand against the city shall be brought until the expiration
of thirty days after the claim, debt or demand shall have been
presented to the common council for audit. All actions
brought against the city upon any contract liability, express
or implied, must be commenced within one year from the time
that the cause of action accrued, or if for injuries to the person
or property, caused by negligence, within one year from the
time of receiving the injuries, and in other cases within six
months after the refusal of the common council to allow the
claim; and no action or proceeding shall be maintained against
the city for personal injuries, unless notice in writing of the
intention to claim damages, and of the time and place at which,

220 LAWS OF NEW YORK. [Chap

and the manner in which, such injuries were received, and the
nature and extent of such injuries, shall have been filed with
. the common council within one month after such injury shall
have been received; and an omission to present such notice,
within the time as above provided, shall be a bar to an action
thereon against the city.

§ 231. No disqualification as jndge or juror because of resi-
dence in city. — No person ehall be disqualified from acting as
judge or juror by reason of being an inhabitant or freeholder
within the city of Fulton, in any action or proceeding in which
the city is a party or interested.

§ 232. Civil actions to recover penalties. — Civil actions to re-
cover any penalties or forfeitures incurred under this act may
be brought in any court having jurisdiction thereof. Such ac-
tion shall be brought in the corporate name of said city, and,
in any action brought in the city court, it shall be lawful to
complain generally for the amount of such penalty or forfeiture,
stating the section of this act or of the ordinance under which
the penalty is claimed; and the defendant may answer by simply
denying the truth of the complaint. If such action be brought
in the city court against an alleged owner of real property,
the fact that title to real property comes in question on the
pleadings or appears on the trial shall not deprive the court
of jurisdiction, but may be litigated and determined by the
judge as the right of the case may appear; but such judgment
shall not be evidence concerning the title of real property in
any other action or proceeding. The first process in any such
action brought in the city court shall be by summons, which
may be made returnable forthwith, and an execution may be
issued immediately on the rendition of judgment. All penalties
and forfeitures shall be forthwith, upon collection, paid to the
city chamberlain to the credit of the general city fund; when
any judgment shall be rendered in the city court in favor of
or against the city of Fulton, in any action for the recovery of
any penalty or forfeiture, or in any other action in which the
city of Fulton shall be a party, the city judge shall, within t(»n
days thereafter, file with the city clerk a transcript of such
judgment, for which he shall be entitled to charge the sum of
twenty-five cents, and include the same in the costs of said
judgment; and in case the said judge shall omit to file such

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 221

transcript, or to do any of the act& above described, he shall
forfeit the sum of twenty-five dollars for each and every of such
omissions, to be recovered in an action by the city against said
city judge. Whenever a judgment in favor of the city shall be
recovered for twenty-five dollars or upward, exclusive of costs,
a transcript thereof may be filed in the office of the clerk of
Oswego county, and thereupon the same shall become a lien
upon the property of the defendant in such judgment, to the
same extent, and may be collected and enforced in the same
manner, as other judgments recovered before justices of the
peace whereon transcripts are filed in pursuance of the laws of
the state of New York.

TITLE XIV.
ASSBSSMENT AND TAXATION.

Section 240. Division of city into two tax districts; appointment

of assessors.

241. Assessment rolls.

242. Review of assesment.

243. Equalization and levy for state and county taxes.

244. Apportionment of taxes to each tax district.

245. Levy of taxes by common council.

246. Issue of tax rolls and warrants to chamberlain.

247. Notice of receiving taxes.

248. Tax receipts.

249. Notice of unpaid taxes and demand of payment.

250. Collection of taxes by sale of personal property.

251. Collection of taxes by civil action,

252. Proceedings in case of failure to collect tax on

warrant.

253. Sale of land for unpaid taxes.

254. Notice of the sale of land for taxes.

255. Manner of conducting sale of land for taxes.

256. Disposing of proceeds of sale.

257. Redemption of lands.

258. Notice of redemption.

259. Conveyance of real estate sold for taxes.

260. Settlement by chamberlain for taxes collected.

261. Power of common council as to void and erroneous

assessments.

262. Collection of local assessments.

222 LAWS OF NEW YORK. [Chap.

Section 240. Division of city into two tax districts; appoint-
ment of assessors. — ^The said city shall be divided into tax dia-
tricts, as follows:

1. All that portion of said city east of the Oswego river to
be known as the east tax district.

2. All that portion of said city west of the Oswego river to
be known as the west tax district.

The mayor first elected under the provisions of this act shall,
on or before the first day of May, nineteen hundred and two,
appoint three assessors, who shall hold office until the first day
of January, nineteen hundred and four. Thereafter, the incom-
ing mayor on or ten days prior to the first day of January
succeeding his election, shall appoint their successors, who
shall hold office for the term of two years from said first day
. of January.

§ 241. Assessment rolls. — The assessors between the first day
of February and the first day of July, in each year, shall com-
plete their assessment rolls for each tax district separately,
and shall file the same with the city clerk, and shall give notice
for thirty days by posting such notice in five public places in
the city, and by publication thereof in all the newspapers of
the city, that such rolls are completed and filed and that all
persons interested may examine the same at the city clerk's
office, and also that on the first Tuesday of September next
ensuing, the said assessors will sit to review the s<ime.

§ 242. Eeview of assessment. — The three assessors shall con-
stitute a board of review. They shall meet at the time and place
specified in the notice mentioned in section two hundred and
fortv-one of this act, and review the assessment. Their sessions
shall not aggregate more than ten days nor be continued beyond
the first day of October. During the time the assessors review
any tax or assessment they shall have power to add or insert
in such assessment rolls any property liable to assessment and
the valuation thereof which may have been omitted from such
rolls, upon giving personal notice to the owner of such property
or to his agent at least two days prior to adding the same.
Except as modified by this act, the board of review shall have
all the powers given, by the tax law of the state of New York,
to assessors sitting to hear complaints in relation to assess-
ments, and the proceedings in relation thereto shall be the same

G3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 223

as provided by the tax law of the state. Any person assessed
upon the assessment rolls, claiming to be aggrieved by any
assessment for property therein, may review the same in man-
ner provided by article eleven of the tax law. On or before
the first day of October, the corrected assessment rolls together
with their minutes shall be filed in the office of the city clerk,

§ 243. Equalization and levy for state and county taxes.^-
The city clerk shall immediately thereupon proceed to prepare
the rolls for the ensuing year. He shall, upon the written
direction of the assessors, correct all clerical errors appearing
therein, make a true copy of the assessment rolls as corrected,
certify them under the seal of the city, and deliver them to
the chairman or clerk of the board of supervisors of the county
of Oswego, at its next annual meeting. The board of super-
visors of Oswego county shall in each year equalize the
assessments within the city of Fulton with the assessments
of the towns in said county, in the same manner as the assess-
ments are required to be equalized between such towns. The
board of supervisors shall not cause the state and county tax
apportioned to said city to be spread upon any tax roll of
property within the city, but shall, by resolution, ascertain and
direct the amount of tax to be levied in the city for state and
county purposes, and shall, on or before the fifteenth day of
December in each year, certify such resolution under the hands
of the chairman and the clerk of the board of supervisors, to
the common council of the city, which shall file such resolu-
tion with the city clerk, and the city clerk shall thereupon ex-
tend and apportion such tax on the assessment rolls together
with the city taxes, levied as hereinafter provided, and no other
extension and apportionment of such state and county taxes
need be made.

§ 244. Apportionment of taxes to each tax district. — Before
causing the annual tax to be levied, the common council shall
ascertain the proportion to be borne by each tax district of
such annual tax, chargeable to the whole city, and shall add to
the portion to be borne by the east tax district:

1. Such sum, if any, as may be necessary to pay liabilities
incurred by the village of Fulton.

2. The principal and interest on the Fulton sewer bonds duQ
the next fiscal year.

•J 24 LAWS OF NEW YORK. [CHAr.

3. The share of the principal and interest of the town of
Volney's railroad and bridge bonds due during the next fiscal
year for which the property in said district is liable.

4. The share of the principal and interest of the city sewer
bonds due the next fiscal year, to be borne by said tax district
as provided by section ninety-two of this act.

5. Any other sum to be raised for the next fiscal year for
which said east tax district is solely liable.

It shall add to the portion of such annual tax to be borne
by the west tax district:

1. Such sum, if any, as may be necessary to pay liabilities
incurred by the village of Oswego Falls.

2. The share of the principal and interest of the town of
Granby's bridge or other bonds due the next fiscal year, for
which property in the west tax district is liable.

3. The principal and interest due the next fiscal year upon
the school bonds issued by union free school district number
two of the town of Granby.

4. The share of principal and interest of the city sewer bonds
due the next fiscal year to be borne by the west tax district as
provided by section ninety-two of this act.

5. Any other sum to be raised for the next fiscal year for
which the west tax district is solely liable.

§ 245. Levy of taxes by common conncil. — ^The common coun-
cil must annually cause to be levied and raised by general tax
upon all taxable property, real and personal, in the city, ac-
cording to the valuation upon the assessment rolls for the
current year, and in accordance with the last preceding sec-
tion, the amounts certified to, and ascertained and determined
by, said common council pursuant to the provisions of section
forty-six of this act.

§ 246. Issue of tax rolls and warrants to chamberlain. — ^The
city clerk, under the direction of the common council, shall ex-
tend and apportion the city tax on the assessment rolls de-
livered to him in each year, and shall forthwith file the same
in his office, and shall make two copies of the same with the
tax so extended and apportioned, and shall certify such copies
to be correct duplicate city rolls of state, county and city
taxes; such rolls shall then, and on or before the first day of
January, be delivered to the chamberlain of the city with

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 225

warrants annexed, signed by a majority of the common council
under the seal of the city, commanding him to receive, levy and ,
collect the several sums in the rolls specified as assessed
against the person or property therein mentioned or described,
with such percentage or penalty and interest as is in this act
provided, in the manner provided by law for the collection and
levying of county taxes by town collectors, and to return said
warrants and rolls to the city clerk within ninety days after
the date of the warrants. Prom the time of the receipt of the
tax rolls and warrants by the chamberlain, all taxes assessed
and levied upon any real estate shall be a lien upon such real
estate for the amount thereof with percentage, penalty and in-
terest until the same shall be fully paid.

§ 247. Notice of receiving taxes. — Immediately on the delivery
of the city rolls and warrants to the chamberlain, he shall pub-
lish a notice in all the newspapers of the city, that he will at-
tend at his oflBce with said rolls and warrants, for thirty days
next after the first publication of said notice, Sunday and legal
holidays excepted, from nine o'clock in the morning to four
o'clock in the afternoon, to receive city, county and state taxes.
All taxes or assessments paid within thirty days after the first
publication of the chamberlain's notice shall be payable with-
out fee, percentage or interest thereon. At least one-third of
the tax assessed to each person or corporation shall be paid
within said thirty days. Any person or corporation so assessed
may pay the remaining two-thirds of the tax so assessed, in
two eqnal installments, one on or before the first day of April
succeeding the date of the chamberlain's notice, and the re-
mainder on or before the first day of June thereafter; provided,
however, that the chamberlain shall collect one per centum ad-
ditional on the second installment, and two per centum addi-
tional on the third installment. If any installment remain un-
paid after the expiration of thirty days from the dates above
provided for the payment thereof, the whole amount of said
tax remaining unpaid shall become due and the chamberlain
shall collect five per centum additional thereon, and in addi-
tion to said five per centum, said tax or portion of said tax shall
bear interest, and the chamberlain shall collect thereon, at the
rate of one per centum per month from the expiration of thirty

226 LAWS OF NEW YORK. [Chap.

days as above provided, which percentage and interest shall be-
long to the city.

§ 248. Tax receipts. — Immediately upon receiving any tax the
chamberlain shall enter in a column prepared for the purpose
and opposite the names of the persons or corporation, paying
the same, the fact of payment and the date thereof, and shall
give the person paying the same a receipt therefor. All re-
ceipts issued by the chamberlain for taxes paid to him shall
be numbered consecutively, commencing with number one on
the first receipt issued for taxes for any one year, and he shall
not receipt for more than one year's taxes on the same prop-
erty in one tax receipt; but shall use a separate and distinct
series of numbers or receipts, issued for the taxes of each year
for which the same is levied and assessed. The city clerk shall
cause all blank tax receipts to be printed and numbered and
firmly bound together in book form, and to be in duplicate, each
duplicate to bear the same number.

§ 249. Notice of unpaid taxes and demand of payment. — If
any such tax shall remain unpaid after the expiration of the
thirty days as provided in section two hundred forty-seven
of this act, the chamberlain shall forthwith serve or cause to
be served upon the persons against whom such tax remains
charged, a written notice, requiring him to pay the same to
the chamberlain within ten days from the service of such notice.
Such notice may be served upon any such person personally,
or by leaving at his residence in said city, or by depositing in
the post-office in said city, properly enclosed in a postpaid
wrapper, directed to him at his reputed place of residence. It
shall not be necessary to make any other demand of payment
of said tax.

§ 250. Collection of tax by sale of personal property. — If any
person shall neglect or refuse to pay any tax charged against
him, within the ten days above provided, the chamberlain may
forthwith issue his warrant under his hand and the seal of the
city and addressed to any police officer of the city, commanding
such officer to levy upon any personal property in the city or in
the county of Oswego, belonging to the person whose tax re-
mains unpaid, or in his possession on the premises assessed;
and cause the same to be sold at public auction for the payment
of such tax, and the fees and expenses of collection; and no

^.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 227

claim or property to be made thereto by any other person shall
be available to prevent such sale. The oflQcer to whom such war-
rant shall be delivered shall proceed as therein directed. Pub-
lic notice of the time and place of sale of the property to be
sold shall be given by posting the same in at least three public
places in the city at least six days previous thereto. The oflS-
cer conducting such sale shall return the proceeds thereof to-
gether with his warrant to the chamberlain within fifteen days
after the same shall have been issued to him. He shall be en-
titled to charge the same fee as constables are entitled to re-
ceive for collecting money by virtue of execution. If the pro-
ceeds of such sale shall be more than the amount of such tax,
the fees of collection and the expenses of sale, the surplus
shall be paid to the person against whom the tax is assessed,
unless his right thereto is disputed by some other person, in
which case such surplus shall remain in the hands of the cham-
berlain, without liability on his part or on that of the city for
costs', until the rights of the parties thereto shall be determined
by due course of law.

§ 251. Collection of tax by civil action. — ^The chamberlain is
hereby authorized and empowered to recover, by action in any
court of competent jurisdiction, and in the corporate name of
the city, the amount of every tax remaining unpaid after the
expiration of ninety days with the additions and fees unpaid
thereon, and to recover judgment therefor with twelve per
centum interest thereon and the costs and expenses of such
action. The city court shall have exclusive jurisdiction to try
such action when the sum claimed does not exceed five hundred
dollars. A transcript of the judgment obtained in such action
may be filed, and such judgment docketed in the office of the
clerk of Oswego county, and it shall, however small the amount,
thereupon become a judgment of the county court of said
county, and a lien to the amount of said judgment, upon all real
estate of the judgment debtor, situate in said county, and shall
have the same priority over any other lien or encumbrance upon,
or transfer of, the property charged with the tax, for which
such action was brought, as the lien of the tax sought to be re-
covered in said action. Upon any judgment recovered for said
unpaid taxes and docketed in said county clerk's office, execu-
tion may be issued and collected as provided by law, and all the

228 LAWS OF NEW YORK. [Chap.

provisions of law in reference to sale and redemption of real
estate on execution, or to proceedings supplementary to execu-
tion, shall apply to sales, redemptions, or such proceedings as
may be had under this act.

§ 252. Proceeding in case of failxire to collect tax on war-
rant.— On or before the fifteenth day of September next after
any tax shall have been imposed upon any real estate in said
city, the chamberlain shall make and deliver to the assessors
a transcript of any and all such taxes which remain unpaid,
and it shall be the duty of the assessors, on or before the fif-
teenth day of October thereafter, to make and deliver to the
chamberlain a statement containing a brief general description
of the location, boundary and estimated quantity of each parcel
of said lands, and in case any such lands shall have been erro-
neously assessed, it shall be the duty of such assessors to make
and include in said statement a correct assessment at the same
valuation as before, and such corrected assessment and the
amount of laxes levied upon said lands, shall be as valid "and
effectual for all purposes as though they had originally been
corrected.

§ 253. Sale of land for unpaid taxes. — Whenever any euch tax,
penalty or interest, or any part of either of them, shall remain
unpaid on the fifteenth day of October, the chamberlain shall
proceed to advertise and sell the lands upon which the same
was imposed, for the payment of such tax, penalty and inter-
est, or the part remaining unpaid, and the expense of such sale,
as hereinafter prescribed, shall also be a charge upon such
lands.

§ 254. Notice for the sale of land for taxes. — ^The chamber-
lain shall cause to be published a notice of such sale, contain-
ing a description of the lands to be sold and specifying the time
and place of sale, in all newspapers of the city, once a week
for six successive weeks, immediately prior to day of sale,
and shall also post such notice of sale in at least three public
places in the city at least forty-two days before the day of
sale. On the day named the chamberlain shall commence the
sale of such lands, and shall continue such sale from day to
day until the whole thereof shall be sold. Before the sale the
owner of any parcel of land, or his representatives, or any per-
son interested therein, may avoid the sale thereof by paying

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 220

the tax or taxes to the chamberlain, with all accrued interest,
fees, additions and expenses.

§ 255. Manner of conducting sale of land for taxes. — Each
parcel shall be sold at public auction to the highest bidder.
The purchasers on such sale shall pay the amounts of their
respective bids to the chamberlain immediately after each par-
cel shall be struck off. In case a purchaser shall fail to pay
the amount of his bid, as herein prescribed, the chamberlain
shall forthwith offer the parcel for sale again, and proceed as
though it had not been struck off. Should there be no bid of
the amount due on any lot or parcel of land to be sold, then
the chamberlain shall bid in the same for the city, and the
city is hereby authorized to acquire said parrels, and the com-
mon council shall have the care and control of all such parcels
and may lease or sell and convey the same. As soon as prac-
ticable after the sale, the chamberlain shall prepare and exe-
cute in duplicate, as to the parcel sold, a certificate of such
sale describing the parcel purchased by a brief general de-
scription of the location, boundary and estimated quantity
thereof, and stating the fact of the sale, the name of the
purchaser, the sum paid therefor, the amount due thereon
at the time of the sale, the name of the person or
persons against whom such tax was assessed, 'and the
name of the reputed owner thereof. One of said dupli-
cates shall be delivered to the purchaser, or, in case
the parcel was struck off to the city, then it shall be retained
by the chamberlain. The chamberlain shall deliver the other
duplicate certificate to the clerk of the county of Oswego, who
shall file said certificate in his office and record the same in the
deed books kept in said clerk's ofilce, and shall index the certifi-
cate to the name of the person to whom the parcel was assessed,
the name of the reputed owner thereof, and the name of
the purchaser, in the same book and manner as deeds are re-
quired by law to be indexed. The county clerk shall be entitled
to receive a fee of fifty cents for each certificate so filed and
recorded, which fee shall be paid by the chamberlain and shall
be a part of the expenses of the sale of the parcel. If from any
cause the chamberlain shall be unable to attend at the time
and place of sale, the city clerk of said city may conduct the

230 LAWS OF NEW YORK. [Chap.

sale with the same force and efltect as though made by the
chamberlain.

§ 256. DispoBition of proceeds of sale. — ^The proceeds of the
sale of each parcel, other than those struck off to the city, shall
be applied to the payment of the expenses of the sale as herein
provided, and the extinguishment of the tax, penalty or in-
terest for which it was sold, and if there shall be any residue,
the chamberlain shall hold the same until the owner of the
premises at the time of such sale, shall redeem them from the
sale as herein provided, and the chamberlain shall pay such
owner the said surplus. In all other cases the chamberlain
shall hold the same until after the period of redemption shall
have expired and then he shall pay such surplus, when the per-
son or persons entitled thereto shall be ascertained, in the same
manner and by the same proceedings as in the case of surplus
on statutory foreclosure of a mortgage on real estate. In case
any taxes shall be assessed and levied upon real estate
which has been sold for taxes, subsequent to such sale, and
before the redemption thereof or conveyance thereof to the
purchaser, and the same shall be unpaid, the chamberlain may
deduct the amount thereof from any surplus in his hands of
the sum bid for the same, if there be any surplus; if there shall
be no surplus, or the same shall be insufficient to pay such
taxes, the person redeeming shall pay the same, otherwise the
purchaser shall pay the same before he shall receive his con-
veyance of the same.

§ 257. Redemption of lands. — The owner of, or any person in-
terested^ in, or having a lien upon, any parcel or lot so sold,
may redeem the same from such sale at any time within two
years by paying to the chamberlain, for the use of the purchaser
or his assigns, or, if the same shall have been redeemed by
any person other than the owner thereof, then for the use of
such person, the sum mentioned in the certificate as having
been bid for the premises with interest thereon at the rate of
ten per centum per annum from the day of sale, together with
any tax or assessment upon said parcel or any part thereof
that the said purchaser or assigns, or persons before redeem-
ing, shall have paid between the day of sale and the day of re-
demption, with interest at the rate of ten per centum per an-
num upon such tax or assessment from the time of payment.

fi3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 231

In case of the redemption of any land sold for taxes, as herein
provided, by the person who was the owner thereof at the time
of the sale, the chamberlain shall give such owner a receipt
for the amount paid by him to effect such redemption, and on
the production thereof by such owner to him, the county clerk
shall cancel the certificate of sale by a proper entry at the
foot of ^e record of such certificate in his ofQce.

§ 258. Notice of redemption. — At least three months before
the expiration of the time for the final redemption of any par-
cels or lots so sold, the chamberlain shall commence the
publication of a notice of redemption from such sales, which
shall show the year when the sale took place, and the last day
for the redemption of the lands not already redeemed by the
owners, without other or further description, and such notice
shall be published at least twice in each of said three months,
in all the newspapers of the city. A copy of such notice shall
be served personally on the owner or occupant of the lands, or,
if unoccupied, posted on the premises, at least twenty days
before the expiration of such time for final redemption. The
publication and service of such notice shall bar and preclude
any and all persons except the purchaser on such sale, or his
assigns, or the person finally redeeming, from claiming any
interest in or lien upon such lands or any part thereof, in case
the said lands shall not be redeemed from such sale herein-
before provided.

§ 259. Conveyance of real estate sold for taxes. — If any parcel
or lot so sold shall not be redeemed as herein provided, the
chamberlain, immediately after the expiration of the said two
years, shall execute and deliver to the purchaser, his heirs or
assigns, or to the city or its assigns, as the case may be, a
conveyance of the real estate so sold, which conveyance shall
vest in the grantee an estate in fee, subject only to the liens,
if any, of unpaid taxes or assessments thereon. The chamber-
lain executing such conveyance shall be entitled to demand and
receive from the grantee one dollar for preparing every such
conveyance, but all purchases made for the city in any year
shall be included in one conveyance. Every such conveyance
shall be executed by the chamberlain, and the execution thereof
shall be acknowledged before some officer authorized to take
and certify acknowledgments of instruments for record in said

232 LAWS OF NEW YORK. [Chap.

county, and such conveyance shall be conclusive evidence that
the sale and subsequent proceedings were regular, and pre-
sumptive evidence that all the previous proceedings were
regular and according to law. Any such conveyance may be
recorded in like manner and with like effect as any other con-
veyance of real estate. The said grantee or his assigns, or the
city or its assigns, as the case may be, shall be entitled to have
and possess the granted lands from and after the execution
of such conveyance, and may cause the occupants of such lands
to be removed therefrom, and the possession thereof delivered
to them, in the same manner and by the same proceedings and
h; and before the same officers as in the case of a tenant holding
over after the expiration of his term without permission of
his landlord.

§ 260. Settlement by chamberlain for taxes collected. — It
shall be the duty of the chamberlain to pay over to the treas-
urer of Oswego county on or before the first day of July of
each year all moneys received by him for county and state
taxes. He shall take duplicate receipts for each payment, one
of which shall be immediately filed with the city clerk. All
moneys received by him for taxes shall daily be deposited iu
such banks as are made depositories of the city. Except as
otherwise provided by this act, the chamberlain shall settle
with the county treasurer for state and county taxes in the
manner required by law of town collectors. At the time of
the delivering to him of the duplicate city rolls and tax war-
rants, the chamberlain shall receipt for the same, and shall
then be charged with the whole amount which he is thereby
authorized to collect. He shall not be authorized to credit
himself with any amount as unpaid on any warrant until he
shall make and file with the city clerk an affidavit stating the
amount unpaid, and setting forth the reason in each case why
such tax or assessment is or has not been collected. The com-
mon council may thereupon order and authorize said chamber-
lain to credit himself with the whole or any part of said tax
or assessment unpaid, and the chamberlain shall be credited
only with such amount as the common council shall so order.
Upon settling with the common council the chamberlain must
show that he has duly settled with the county treasurer for
state and county funds. The city clerk shall, on the delivery

63,] ONE HUNDRED AND TWENTYFIFTH SESSION. 23:5

of the blank tax receipts to the chamberlain, charge the
chamberlain with the number of receipts delivered, and the
chamberlain shall immediately examine the numbering of the
receipts and report to the city clerk any irregularity found
therein. The chamberlain shall receipt to the city clerk there-
for, and shall be held strictly accountable for all receipts found
missing at regular settlements; also for all the detached re-
ceipts, including receipts, the duplicates of which do not show
the entry of taxes. All irregularities in the issuance of re-
ceipts that render them worthless must be shown on the face
of the original, which must in no case be detached from the
duplicate. At the time of the annual settlement the chamber-
lain shall deliver to the city clerk all duplicates of receipts
issued by him, and other receipts delivered and charged by the
city clerk to him.

§ 261. Power of common council as to void and erroneous
assessments. — ^The common council of the city may, in
its discretion, release, discharge, remit or commute any
portion of the taxes assessed or levied against any per-
son or jwroperty for any error, irregularity or omis-
sion in the levying of said taxes, or in any of the
proceedings relating to the same. In case any assessment
shall remain unpaid on account of any irregularity, omission
or error in any assessment authorized by this act or the laws
in force when such tax was levied, or in case of error in the
description of lands, or in the description of the owner or occu-
pants, the common council may, in its discretion, or upon the
application of any x)erson interested, proceed to correct such
irregularity, omission or error, or cancel, remit or commute
such tax, or cause the amount so unpaid to be reassessed on the
property the assessment against which remains unpaid, or upon
the owner or occupant thereof; and the common council is
hereby authorized and empowered to make such reassessment
upon giving ten days personal notice thereof to the owner,
agent or occupant of the property against which the amount
remains so unpaid. They may direct the city chamberlain to cor-
rect any irregularity, omission or error, and such reassessment
or correction shall have the same effect as if said assessment
had been properly made. But the common council shall not
alter any valuation made by the assessors. Any omission to

234 LAWS OP NEW YORK. [Chap.

comply with the provisions of this act in making an assess-
ment or levying a tax, op creating a lien, shall not render such
assessment or the tax levied thereunder, or the assesment made
or lien created thereby, void, but shall be treated as an irregu-
larity merely, and it shall be the duty of any and all courts, in
case it shall appear that such irregularity exists, to direct
the same to be corrected or amended, or the omis-
sion supplied, if possible. In case any tax or assess-
ment shall be void, or have failed for want of juris-
diction or for any irregularity, mistake or inadvertence
in levying or assessing the same, the common council shall
have power, and it shall be its duty, to cause the same to be re-
assessed in a proper manner. Any sum paid thereon shall be
credited upon the tax so reassessed, and, if the sum paid shall
exceed the amount so reassessed, the excess shall be refunded
to the person entitled thereto.

§ 262. Collection of local assessments. — ^Whenever an assess-
ment shall be ordered for local improvements, the assessment
rolls shall be made to resemble in form as nearly as practicable
the tax list, and be provided with a column in which payments
can be entered by the chamberlain. All provisions relating to
the collection of taxes in this act shall be applicable to the col-
lection of assessments mentioned in this act.

TITLB

Officos Abolishbd and Yaoatbd.

Section 270. Offices and courts vacated and abolished.

271. Actions and proceedings to be transferred.

272. Town boards to fill vacancies.

Section 270. Offices and courts vacated and abolished. — ^This
section shall take effect on the seventeenth day of April, nine-
teen hundred and two. The police courts, and the offices of
police justices in the villages of Fulton and Oswego Falls, all
offices created by the charters of the villages of Fulton and
Oswego Falls, the boards of education of union free school dis-
trict number one of the town of Volney and union free school
district number two of the town of Granby, shall be and hereby
are abolished, and shall cease to exist after said seventeenth
day of April,' nineteen hundred and two. The offices of justice
of the peace, town clerk, town constable, overseer of the poor,

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 235

and all other town offices held by any persons then residing
within the corporate limits of said city, shall then be and be-
come vacant, and the powers theretofore exercised by such per-
sons by virtue of such offices shall then cease, except as is here-
inafter expressly provided.

§ 271. Actions and proceedings to be transferred. ~A11 ac-
tions, examinations and proceedings then pending in any of
the courts abolished by this act, or before any police justice or
justice of the peace whose office is so abolished or vacated, in
which the taking of evidence shall not have been actually com-
menced, shall be then and forthwith transferred into the city
court or before the city judge, to be disposed of according to
law as if instituted in said city court or before said city judge.
All processes, pleadings, bonds, undertakings, records, moneys
and papers in the actions, examinations and proceedings hereby
transferred, then in the custody of the officers of the courts
which are hereby abolished or vacated, shall, at the time of
such transfer, be delivered by them to the city judge. All trials,
examinations or proceedings actually commenced by the tak-
ing of evidence when this title takes effect, in any court hereby
abolished, or before any officer whose court or office is hereby
abolished or vacated, shall be decided by said courts or officers
respectively and judgment therein shall be entered or determi-
nation made by such courts or justices thereof as though this
act had not been passed. Such judgments or determinations
shall be enforced by execution, commitment or other proper
process, the same as if this act had not been passed. And said
officers and each of them shall make return of such actions, ex-
aminations and proceedings before them, respectively, as if his
office had not been abolished or vacated.

§ 272. Town boards to fill vacancies. — ^The members of the
town boards of the towns of Volney and Granby then residing
outside the corporate limits of the city of Fulton shall severally
meet in their respective towns as soon after said seventeenth
day of April, nineteen hundred and two, as is practicable, and
shall at such meeting fill, by appointment, all vacancies created
by this act in the town offices in said towns, respectively. The
officers so appointed shall hold office until their successors are
elected and qualified, pursuant to the provisions of the town
law.

236 LAWS OF NEW YORK. [Chap.

title xvi.
General Provisions.

Bection 275. Municipal year.

276. Contracting indebtedness.

277. Witness not to be excused.

278. All moneys to be paid to the chamberlain.

279. Reading charter, ordinances, et cetera, in evidence.

280. City chamberlain to borrow money for current ex-

penses.

281. Limitation of indebtedness.

282. Franchises to be sold.

283. Bonds and other obligations of the city.

284. Improvement assessments in installments; bonding

for same.

285. Mayor's appointments, when made.

286. Assistant for chamberlain, when.

287. Appointments to fill temporary vacancies.

288. Expense of official bonds a city charge.

289. Jury for city courts.

290. Excise money to whom paid, how credited.

291. Books and records of officers and boards to be open

to inspection.

Section 275. Municipal year. — ^The municipal year shall begin
with the first day of January, and the term of office of all
officers shall be computed by the municipal year, so that such
terms shall end at the end of a municipal year, although the
officer may not have been appointed until after the year shall
have begun.

§ 276. Contracting indebtedness. — ^No person, board or officer
in the city shall have the right to incur any indebtedness
against the city except as authorized by the common council
or other municipal board or officer in conformity with the pro-
visions of this act.

§ 277. Witness not to be excused. — No witness shall be ex-
cused from testifying in any criminal proceeding or in any in-
vestigation or inquiry before the mayor, the common council
or any municipal board or officer having a right to conduct the
investigation, touching his knowledge of any offense committed

6:^.] ONE HUNDRED AND TWENTYPIFTH SESSION. 237

a^^ainst the provisions of this act or any ordinance of the city,
but such testimony shall not be used a<2;ainst him in any crim-
inal prosecution whatever.

§ 278. All moneys to be paid to chamberlain. — All officers or
other persons who shall receive any money for or belonging
to the city, by or under the provisions of this act, or otherwise,
shall, within ten days after its receipt, pay the same over to
the chamberlain of the city, and tiike his receipt therefor, except
as otherwise provided in this act.

§ 279. Reading of charter, ordinances, records, et cetera, in evi-
dence.— The charter of the city of Pulton may be read in evi-
dence from the volume of session laws of the state of New
York containing said charter, from the volume printed by the
authority of the common council or from a certified copy made
by the city clerk, or from the volume of ordinances and by-laws
provided by authority of the common council; and all records
and accounts of the city which the city officers are required
by law to keep shall be presumptive evidence of the truth of
their contents in any court.

§ 280. City chamberlain to borrow money for current ex-
penses.— The city chamberlain or acting city chamberlain may,
with the approval of the common council expressed by resolu-
tion, have the power to borrow money on the credit of the
city for the payment of current city expenses, in anticipation
of taxes already levied, but not in excess of the amount
thereof.

§ 2S1. limitation of indebtedness. — ^The city of Fulton shall
not incur indebtedness if thereby its total contract indebted-
ness, exclusive of the water bonds issued by the village of
Kulton, and exclusive of liabilities for which taxes have already
been levied, shall exceed ten per centum of the assessed valua-
tion of the real property, subject to taxation, as it appeared
on the last preceding assessment rolls of the city.

5 282. Franchises to be sold. — No franchise for the use of the
streets, highways, bridges, alleys, parks or public places of the
city, shall be granted to any person, company or corporation,
for any purpose whatever, except upon payment to the city of
a sufficient compensation therefor. Provided it shall be deter-
mined to grant any such franchise, the board of public works
shall flz the sum which in its judgment is a fair compensation

238 LAWS OP NEW YORK. [Chap.

to the city for any franchise applied for, and the common coun-
cil shall for two weeks publish a notice of said sale in the official
or other papers, giving the price fixed by the board, and shall
sell said franchise at the time and place specified in said notice,
at public sale to the highest bidder, but for a sum not less than
the sum fixed by the board of public works therefor, except by
a unanimous TOte of the common council. Any sum received
for such franchise shall be placed to the credit of the improve-
ment fund.

§ 283. Bonds and other obligations of the city. — ^Bonds issued
by the city under the provisions of this act, other than speci-
fied in section two hundred eighty-four of this act, shall be
made payable within thirty years. All city bonds shall be
signed by the mayor, and city chamberlain, and countersigned
by the city clerk under the seal of the city. Said bonds shall
be sold to the highest bidder at not less than their par value,
and shall, except as provided in the next section, bear interest
at a rate not exceeding four per centum per annum.

§ 284. Improvement assessments in installments; bonding
for same. — ^The common council at the time it shall confirm
any assessment for local improvements, may provide that the
owners of any real estate or any railway company, against
which a tax is thereby assessed, may have the privilege of pay-
ing the same in such equal annual installments, not exceeding
ten, as it may prescribe, upon filing with the city clerk within
ten days thereafter, their election and agreement to pay the
same in that manner, with interest thereon payable annually.
Every assessment as to which such agreement shall be filed,
shall be collected by such installments with annual interest
thereon, in the same manner as other taxes and assessments,
and every installment with accrued interest, shall be a lien
upon the real estate, and upon all the property and franchises
of any such railway company against which the same was
assessed, as in the case of other assessments. For the purpose
of anticipating the payment of such installments, the common
council may issue bonds of the city for such part thereof, pay-
able at such respective times not exceeding ten years, with in-
terest at not exceeding six per centum per annum, as it may
deem advisable. The funds derived from the collection of said
installments as they become due, shall be applied to the liquida*

63.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 239

tion of said bonds. The amount of such bonds so issued shall
not be deemed to bo a part of the taxes authorized to be raised
in any one year hereinbefore limited to one and one-half per
centum of the assessed valuation of the property asessable in
said city, nor a part of the indebtedness of the city as limited
by section two hundred eighty-one of this act.

§ 285. Mayor's appointments, when made. — ^The mayor elected
at the general city election in nineteen hundred * and
three, and thereafter, may file his oath of office with the city
clerk at any time within fifteen days, prior to the first day of
January next succeeding his election, and shall, on, or within
ten days prior to, said first day of January, file with the city
clerk the appointments to be made by him as provided in seo-
tion eleven of this act.

§ 286. Assistant for chamberlain. — ^YHienever the city cham-
berlain is in need of assistance in the performance of his
duties, he may, with the approval of the mayor, appoint some
competent person to render such assistance, for such period of
time, and at such rate of compensation per diem as shall be
specified in the order of appointment, which shall be filed with
the city clerk. Not more than two hundred dollars shall be
paid in any one year for such assistance.

§ 287. Appointments to fill temporary vacancies. — ^The • mayor,
and each board having appointive power may make a temporary
appointment in case any salaried officer of the city appointed
by the mayor or a board of the city shall, through sickness or
absence from the city, be unable to perform the duties of his
office. The person so appointed shall receive the same com-
pensation, pro rata, for the time served as the salary fixed by
this act for the office so temporarily vacated. The compensa-
tion for such temporary service shall be paid by the chamber-
lain on the certificate of the mayor, and shall be deducted from
the salary of the officer so temporarily absent or disabled; ex-
cept that the common council may, by resolution, grant to any
officer of the city, a vacation not exceeding two weeks in any
one year, and may by resolution excuse the absence of any
officer caused by sickness, in which case the compensation of
the temporary appointee shall be paid by the city.

§ 288. Expenses of official bonds as city charge. — All city
officers required to furnish bonds by the provisions of this act,

240 LAWS OF NEW YORK. [Chap.

may by consent of the mayor furnish a bond with some sol-
vent surety company as surety, and the expense thereof shall
be paid by the city from the general city fund.

§ 289. Jury for city court. — On or before the sixteenth day
of April, nineteen hundred and two, the town clerks of the
towns of Volney and Granby shall certify from the present
list of jurors of said towns a list of all jurors thereon residing
within the corporate limits of the city, and shall deliver the
said lists to the city judge immediately after his election; said
lists shall be the jury list for the city court until a subsequent
list is prepared and delivered as provided by this act. The
city clerk shall deliver to the city judge a certified copy of the
list filed with him pursuant to this act and shall also deliver
a certified copy of any such list thereafter filed with him.
within ten days after the same shall be filed; such lists shall
constitute the jury list for the city court.

§ 290. Excise money to whom paid; how credited. — The city*s
share of excise moneys to which it is entitled under the pro-
visions of the liquor tax law shall be paid to the city chamber-
lain and shall be credited by him to the poor fund, the police
fund and the improvement fund, in such proportions as the
common council by resolution may direct.

§ 291« Books and records of officers and board to be opened to
inspection. — ^The books and records of all city officers and
boards shall, on any business day between the hours of nine
o'clock in the morning and four o'clock in the afternoon be
open to the inspection of the taxpayers of the city.

TITLE xvn.

Miscellaneous Provisioncl

Section 300. Title to Volney town hall vested in dty.
301. Certain lands to be accepted for park.
802. All village and school fund to be paid over to
city chamberlain.

303. Unpaid taxes and assessments.

304. Village boards and officers continued.

305. School boards continued.

806. Boards of trustees to appoint election officers.

G3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 241

Section 307. First election nnder this act.

308. Village boards to audit all accounts due.

309. Common council to raise money for immediate

use.

310. Acts and parts of acts repealed.
311.* Act, when to take effect.

Section 300. Title of Tolney town hall vested in city.— The
title to the town hall property, real and personal, of the town
of Volney, situate in the village of Fulton, is hereby vested in
the city of Fulton. As soon after the passage of this act as
practicable, the town board of the town of Volney and the com-
mon council of the city of Fulton, may agree upon a sum that
will represent the interest of said town in said hall, based on
the amounts paid thereon by said town, and the village of
Fulton, according to the assessment rolls of said town and vil-
lage. If said town board and common council shall fail to
agree, either body may apply to the county court of Oswego
county for the appointment of three commissioners, who, when
appointed, shall take testimony in regard thereto, and award
such sum to said town of Volney as may be just. The award
when so made and filed with the city clerk shall be final. The
sum 80 determined as aforesaid shall be paid by the city to
the supervisor of said town, and may be used by him for any
town purpose. The common council shall raise and pay said
sum in three annual installments. Any outstanding bonds or
other indebtedness, issued or incurred by the town of Volney
in the purchase or improvement of said hall, are hereby
charged upon the city of Fulton; and such bonds or indebted-
ness, together with the sum determined as the interest of the
town of Volney in said property is hereby made a charge upon
the west tax district of the city, as its proportion of the cost
of said property.

§ 301. Certain lands to be accepted for park. — ^Whenever the
owners of the property lying on the west side of East First
street and east of the Oswego canal from the center line of
Rochester street, south to the north line of the premises known
as the stone house in said city, shall, by quitclaim deed, convey to
said city all of their rights, title and interest in said property,

242 LAWS OP NEW YORK. [Chai'.

Buch conveyances shall be accepted by the common council, and
thereafter said property shall be held by the city for park pur-
poses, and no building, billboard or other structure shall ever
thereafter be erected thereon.

§ 302. All village and school funds to be paid over to city
chamberlain. — All funds of the villages of Fulton and Oswego
Falls, and of the boards of education of union free school dis-
trict number one of the town of Volney and union free school
district number two of the town of Granby, shall be paid over
to the city chamberlain immediately after such officer is ap-
pointed and qualified, and all sums so paid and received by him
shall be credited to the fund corresponding with the fund, for
which said sums were levied and collected.

§ 303. Unpaid taxes and assessments. — ^The city of Fulton
shall be entitled to all unpaid taxes and assessments for local
improvements of the villages of Fulton and Oswego Falls and
the same shall be collected and enforced by the same proceed
Ings and process by which the city taxes may be collected and
enforced. All sums so collected shall be applied upon the in-
debtedness of the tax district from which the same are collected.

§ 304. Village boards and officers continued. — ^The boards of
trustees and village officers of the villages of Fulton and Os-
wego Falls, in office at the time of the passage of this act, are
hereby continued until twelve o'clock noon of the seventeenth
day of April, nineteen hundred and two; but said boards of
trustees nor either of them, nor any officer of either of said vil-
lages, shall contract any debt, grant any franchise or privilege,
levy any tax, expend any money, or do or perform any other act
whereby any liability will be incurred by either of said villages
or by the city of Fulton; and any person violating the pro-
visions of this section, or voting for any resolution in violation
thereof, shall be liable to a penalty of one hundred dollars, to
be sued for and recovered on behalf of said city, and shall in
addition thereto be guilty of a misdemeanor.

§ 305. School boards continued. — ^The boards of education of
union free school district number one of the town of Volney
and of union free school district number two of the town of
Granby, are hereby continued until the board of education of
the city of Fulton shall be appointed as provided by this aot;
but neither of said boards of education shall enter into any con-

fJ3.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 243

tract extending beyond the first day of May, nineteen hundred
and two, nor shall they incur any liability or expend any school
moneys, except for teachers' wages and incidental expenses due
prior to the first day of May, nineteen hundred and two. Any
member of either of said boards of education who shall violate,
or vote for any resolution that violates the provisions of this
section, shall forfeit a penalty of one hundred dollars, to be sued
for and recovered by the city of Fulton, and in addition thereto
shall be guilty of a misdemeanor.

§ 306. Boards of trustees to appoint election officers. — ^Within
five days after the passage of this act, the trustees of the vil-
lages of Fulton and Oswego Falls shall meet in joint session
at the town hall, the title to which is by this act vested in the
city of Pulton, and shall proceed to elect one of their number
as chairman and one as secretary of said joint board; said board
so constituted shall without adjournment, appoint the election
officers for each election district in said city, and such other
officers as are required by the election law; shall designate a
polling place for each election district where such election shall
be held, and shall provide the necessary booths, guards, rails,
and other articles for each such election district as required
by the election law, for the city election to be held as in the
next section provided. Said joint board so constituted shall
again meet at the same place on the sixteenth day of April,
nineteen hundred and two, at nine o'clock in the forenoon, and
shall, without adjournment, canvass the vote of the six elec-
tion districts of said city, and certify the result as provided
by the election law, but to the clerk of the village of Fulton,
who is hereby constituted city clerk of said city, for the pur-
poses of said election, and shall hold said office until the city
clerk is appointed as provided for by this act. A majority of
the trustees present at such meetings shall constitute a quorum.
Any trustee who wilfully neglects or refuses to attend such
meetings or to perform the duties imposed by this section shall
be guilty of a misdemeanor, and in addition thereto shall forfeit
a penalty of one hundred dollars, to be sued for and recovered
by said city.

§ 307. First election under this act. — ^The first election under
this act shall be held on Tuesday the fifteenth day of April,
nineteen hundred and two, and shall be conducted in all respects

244 LAWS OF NEW YORK. [Chap.

as provided in the election law, except that the board of in-
spectors for each election district shall sit as a board for regis-
tration on the last Friday and Saturday of March, and the first
Friday and Saturday of April, nineteen hundred and two, and
except that certificates of party nominations may be filed not
less than fifteen days, and independent nominations not less
than ten days, prior to said election, and that said certificates
of nominations for said city election shall be filed with the
clerk of the village of Fulton, who shall at least six days prior
to said election, cause to be printed and posted in at least
ten conspicuous places in said city, a copy of the list of nomina-
tions as provided by the election law, one of which copies shall
be posted in each polling place in said city. Any qualified
elector who shall have been a resident of the city for thirty
days prior to said election, may register and vote in any election
district in which he may have resided for ten days prior to said
election. All subsequent city elections shall be conducted and
held in accordance with the general election law.

§ 308. Village boards to audit all accounts due. — ^The boards
of trustees of the villages of Fulton and Oswego Falls, shall,
before the tenth day of April, nineteen hundred and two, audit
all accounts then outstanding against said villages, respectively,
and shall cause a list of said accounts so audited to be certi-
fied to the clerk of the city of Fulton when appointed.

§ 309. Common council to raise money for Immediate use. —
The common council, at its first meeting, without waiting for
estimates, shall ascertain the amount of indebtedness audited
as provided in the last preceding section, the amount of the
expenses of the election provided for in section two hundred
ninety-seven of this title, including proper compensation for
the acting city clerk, and the sums necessary to provide for the
purposes specified in section forty-four of this act, up to the
thirty-first day of December, nineteen hundred and two and
no longer. The total sum so ascertained shall be entered on
its minutes, and the city chamberlain shall borrow said amount
upon the city's notes or certificate of indebtedness, payable
within one year, and said sum shall be included in the next
annual tax levy.

§ 310. Acts and parts of acts repealed. — All acts and parts
of acts, so far as they are inconsistent with the provisions of

64.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 245

this act, are hereby repealed, but such repeal shall not affect
any right already existing or accrued, or any liability incurred,
by reason of any violation of any law now or heretofore exist-
ing, or any suit or proceeding already instituted or action had
under said laws or ordinances, unless otherwise expressly pro-
vided in this act. Nothing contained in this act shall be con-
strued to affect any of the several acts or parts of acts to
regulate and improve the civil service of the state of New York.
§ 311. Act, when to take effect. — ^This act shall take effect
immediately.

Chap. 64.

AN ACT to amend the lien law relating to the filing of chattel

mortgages.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, a majority being present

The People of the State of New Yorky represented in Senate and
AssemUy, do enact as follows:

Section 1. Section ninety-three of chapter four hundred and
eighteen of the laws of eighteen hundred and ninety-seven, en-
titled "An act in relation to liens, constituting chapter forty-
nine of the general laws," as amended by chapter two hundred
and forty-eight of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 93. Filing and entry. — Such officers shall file every such in-
strument presented to them for that purpose, and endorse there-
on its number and time of its receipt. They shall enter in a
book, provided for that purpose, in separate columns, the names
of all the parties to each mortgage so filed, arranged in alpha-
betical order, under the head of "Mortgagors" and "Mortgagees,**
the number of such mortgage or copy and the date of the filing
thereof; and, if the mortgage be upon a craft navigating the
canals, and filed in the office of the comptroller, the name of
the craft shall also be inserted. In the city of New York such
officers shall in addition to the entry aforesaid enter in another
book provided for that purpose a statement of the premises in
which the chattels mortgaged are contained, arranged in alpha-
betical order, under the name of the street or avenue where

246 LAWS OF NEW YORK. [Chap.

the premises are situated and giving the number of such mort-
gage or copy and the date of the filing thereof. In caae no
street or avenue is mentioned in the description, in the mort-
gage or copy, of the premises in which the chattels are con-
tained, then a statement of such premises shall be entered under
the title " Miscellaneous.''
§ 2. This act shall take effect immediately.

AN ACT to amend chapter two hundred and seventy-two of the
laws of eighteen hundred and ninety-seven, authorizing the
commissioners of the almshouee of the city and town of New-
burgh, in the county of Orange, to pay Saint Luke's home and
hospital of Newburgh, New York, for the care and mainte*
nance of indigent persons.

Accepted by the city.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

The People of the State of New Yorky represented in Senate and
AsseinWj, do enact as follows:

ftraended. Scctiou 1. Scctiou two of Chapter two hundred and seventy-
two of the laws of eighteen hundred and ninety-seven, entitled
''An act authorizing the commissioners of the almshouse of the
city and town of Newburgh, in the county of Orange, to pay to
Saint Luke's home and hospital, of Newburgh, New York, the
sum of one thousand dollars per annum, for the care and main-
tenance of indigent persons," is hereby amended so as to read
as follows:

u"c52?^ § 2. The commissioners of the almshouse of the city and town
of Newburgh, are hereby authorized and empowered to pay to
Saint Luke's home and hospital, a corporation located in the
city of Newburgh, in the county of Orange, for the care, sup-
port and maintenance of such inmates of said hospital as may
be received and retained therein by order or permit of such
almshouse commissioners, pursuant to rules established by the
state board of charities, annually out of the excise moneys re-
ceived by such commissioners, the sum of one dollar per day for

CO.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 247

each of such inmates, but the total amount paid said hospital
by said commissioners in any one year, shall not exceed the
sum of two thousand dollars, and said hospital shall not, in
any one year, be required to admit patients sent thereto by said
commissioners after it has cared for persons received therein
at their request, to the extent of two thousand days in such
year. The board of managers of said hospital shall report an- ^^fj,,
nually, in writing, to the commissioners of the almshouse of the SSagw.
city and town of Newburgh, the number of patients received,
pursuant to the provisions of this act and the rules of the state
board of charities, their names, age, sex, the nature of their
disease or wounds, the length of time cared for, with the date
of entrance and departure.

§ 2. This act shall take effect June first, nineteen hundred
and two.

Ctiap. 66.

AN ACT to amend chapter forty of the laws of eighteen hun-
dred and eighty-eight, entitled "An act to incorporate the city
of Hornellsville," relative to the laying out of streets.

Accepted by the city.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. Section six of title seven of chapter forty of the >;^*,^^
laws of eighteen himdred and eighty-eight, entitled "An act to
incorporate the city of Hornellsville,^' as amended by chapter
one himdred and twenty-five of the laws of eighteen hundred
and ninety-seven, is hereby amended to read as follows:

S 6. When the common council shall have determined to lay proce«<itDg«

" to appropr'-

out, alter, widen, straighten, extend, make, open or construct JJ?i£f Jti*
any street, alley, lane, highway, park, place or public grounds,
and to take and appropriate the land necessary for the same,
and shall have ascertained the estimated expense of such im-
provements aside from the damages hereinafter mentioned, and
shall have determined to assess such expense and damages in
the manner hereinafter provided, the city attorney shall

248 LAWS OF NEW YORK. [Chai\

give notice of such determinations to the owner or owners of

and other persons interested in the lands so proposed to be

of^SoSJe***" taken and appropriated, by publishing the same once in each

owners. weck for four successive weeks in the official paper, or

etc., to file '^

°*»*«* by personal service thereof upon each of such persons at least
fifteen days prior to the time of the application hereinafter
mentioned if all such persons be residents of said city, but if
such persons or any of them be non-residents of said city then
such notice shall be served upon such as are residents of said
city if any there be personally, and upon such as are not resi-
dents personally, or by depositing such notice in the post-
office in said city properly enclosed, post paid and directed to
each of such persons as are not residents of such city at his
place of residence, or if such place of residence be unknown,
then by posting said notice in a conspicuous place upon
the land so proposed to be taken and appropriated at least
thirty days before the application hereinafter mentioned,
and such mailing or posting, shall be a sufficient service
of such notice. Baid notice shall specify in general terms
the improvement to be made, and shall describe the land
proposed to be taken and appropriated therefor, and shall state
that such owner or owners, and all persons interested in said
lands, may, on or before a day to be specified in said notice,
which day shall in case of service otherwise than personal be at
least thirty days from the date of the mailing or posting of said
notice, file with the clerk of said city their claim for damages,
if any they have, on account of such taking or appropriation;
• and that, in case any such claim for damages shall be so filed,
the common council will apply, at a time and place, to be speci-
fied in said notice, to a special term of the supreme court within

■

the judicial district in which said city is located, or to the
Application county court of Steuben county, for the appointment of three

for appoint* "^ ^

^mmia- commissiouers to ascertain and determine the damages so
awnUML claimed. If any such claim ghall have been filed as aforesaid,
said common council shall make application to said court, at
the time and place in said notice specified, for the appointment
of such commissioners, and any person who shall have filed
such claim for damages shall have a right to be heard on the
application. Said court shall have power to adjourn the hear-
ing and to exercise general authority over the proceeding, in

66.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 249

accordance to the rules and practice of said court, except as
herein otherwise provided. Said commissioners shall be dis-
interested freeholders of said city, and shall severally, before
entering upon the performance of their duty take and subscribe JJJJJJ,,*}^
an oath faithfully, honestly and impartially to perform their •*°""~
duty in making such ascertainment and determination of dam-
ages, and to make a true report thereof according to the
best of their ability and understanding. They shall enter
upon the performance of their duties without delay, and
shall give notice of the time and place of their meeting
to make such ascertainment and determination, to such
persons as appeared and to such persons as filed claims. If
either of the commissioners shall be unable to serve from sick-
ness or other cause, the common council may, at any time, with-
out notice^ make application to the court in which the proceed-
ings are pending, to have some suitable person appointed in his
stead, and such court shall thereupon make such appointment.
The common council may, from time to time, during the pend-
ency of said proceedings, and before or after commissioners
are appointed, determine to change the route of such street or
to take other or additional lands for such purpose, and may
change the description of the lands intended to be appropriated
or the designation of the owner or owners thereof, and a copy
of such determination or change shall be filed with the said
commissioners or court. If such determination takes and ap-
propriates land belonging to a person or persons other than
those who have been mentioned in the determination, or other
than those who have been served with notice and who have not
appeared in the proceedings, such person or persons shall be
served with notice of such determination or change and of the
time and place of hearing in one of the ways hereinbefore men-
tioned. At the time and place so appointed for their meet-
ing, the commissioners shall view the premises, and receive
any legal evidence, and may, if necessary adjourn from
day to day; they shall ascertain, determine and award
to the owner or owners of, or other persons inter-
ested In said lands, so claiming damages as aforesaid, such
damages as, in the judgment of said commissioners, such owner
or owners or other persons interested will sustain by such im-
provement, after making due allowance for any benefit which

250 LAWS OP NEW YORK. [Chap.

such owner or owners or other persons interested may derive
therefrom. If there be any building on the land taken for
such improvement, the value thereof to remove shall be ascer-
tained and determined by the commissioners, and stated in
their return, and the owner thereof may remove the same
within ten days, or such other time as the common council may
fix, after confirmation of the return of the commissioners, and
if the same be so removed, such value thereof shall be deducted
fiTm.tow*" ^^^™ ^^y damages awarded to said owner. The determination
'*'**^ of the commissioners, signed by all of them, shall be

returned to the common council and filed with the clerk
within ninety days after their appointment. The city at-
torney shall serve upon all the parties, who appeared in
the proceedings, or upon their attorney or attorneys at
least eight days' notice that such report has been filed
?J*£m?tfo? w^*^ *^® ^^^y clerk; and that at a time and place to be
ejMjflrma. specified iu said notice, said report will be presented at a spec-
ial term of the supreme court, to be held in the judicial dis-
trict in which said city is situated, or the county court of Steu-
ben county, for confirmation. All persons desiring to object
to said report, shall file their objections thereto, in writing,
with the city clerk, at least five days before the day specified
in said notice for such motion for confirmation. Such notice
of confirmation shall be served in accordance with the rules and
practice of the court. On the day specified in such notice, or on
such other day as the court may designate, the court shall hear
the parties in regard to said report, and shall confirm such
ThSSSiif determination or annul the same. If said court confirm
the same, it shall be final and conclusive, but if it annul
the same, it may refer the matter back to the same commis-
sioners, or to three others to be appointed by said court, who
shall proceed in all things in the making and return of the sec-
ond determination as though it were the first, and the same
proceedings shall be had thereon as if it were the first, and
S^JJo?** the same proceedings shall be had thereon, as if it were an
(jjnfl.ma- Qpigj^g^i determination. After the final confirmation of any
such determination, and the filing of the order of confirmation
in the office of the city clerk, the common council is authorized
to cause such improvement to be made and completed, and the
amount of every award of damages so made and confirmed as

67.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 251

well as all other expenses of such improvement, shall be a valid
liability against said city, and the payment thereof may be en-
forced against it by tax; and the conrt upon the final con-
firnaation of any such award of damages may direct that the
amount thereof when collected, be paid to, or deposited in some
specified bank in the city of Hornellsville to the credit of the
person entitled thereto, and such payment or deposit shall dis-
charge the liability of said city therefor. If any commission
herein authorized to be appointed, cannot agree, the county
court upon motion, shall appoint three other commissioners as
often as may be necessary, who shall proceed in all things in
the making and return of said determination as though it were
the first, and the same proceedings shall be had thereon as if
it were an original determination. Except as herein otherwise s«^onaor

^ ^ code of civil

provided, sections thirty-three hundred and sixty-three, thirty- JJJSSSJl
three hundred and sixty-four, thirty-three hundred and sixty*
seven, thirty-three hundred and sixty-eight, thirty-three hun-
dred and seventy-three, thirty-three hundred and seventy-four,
thirty-three hundred and seventy-nine, thirty-three hundred and
eighty-one, thirty-three hundred and eighty-two of the code of
civil procedure relating to the condemnation of real property,
shall be applicable. If the amount awarded to any person is
less than the claim for damages filed, the city shall recover the
costs of the trial against such person to be taxed by the clerk of
Steuben county at the same rate as is allowed to the prevail-
ing party for the trial of an action in the court in which the
proceedings are instituted.
§ 2. This act shall take effect immediately.

Ctiap. 67.

AN ACT to authorize the appointment of the Hebrew Sheltering
Guardian Society of New York as general guardian of the per-
son and property of infants, under its care and control.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. The Hebrew Sheltering Guardian Society of New
Vork may be appointed the general guardian of the person and

252 LAWS OF NEW YOKK. [Chap.

property of any minor child under its control, or in its charge, by
any conrt of record of this state, or by a judge or justice thereof,
upon the execution of such bond or the giving of such other
security by said society as the court or oflficer making such ap-
pointment shall deem proper, and the charter of said society is
hereby amended accordingly.
S 2. This act shall take effect immediately.

Ctiap. 68.

AN ACT to provide for the support and maintenance of the sev-
eral state prisons, and the Eastern New York reformatory,
and for the ordinary repairs thereof.

Became a law, February 26, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. The sum of two hundred fifty thousand dollars, or
as much thereof as may be necessary, is hereby appropriated
out of any moneys in the treasury not otherwise appropriated,
for the support and maintenance of the several state prisons,
and the Eastern New York reformatory, pursuant to chapter
three hundred and eighty-two of the laws of eighteen hundred
and eighty-nine, and for the ordinary repairs thereof and sup-
plying water therefor, said sums shall be payable by the treas-
urer upon the warrant of the comptroller.

§ 2. This act shall take effect immediately.

Chap. 69.

AN ACT to authorize the trustee of common school district
number six in the town of Tonawanda, Erie county, to issue
new bonds to retire the outstanding bonds of such district.

Became a law, February 26, 1902, with the approyal of the Governor.

Passed, three-fifths being present

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

Tni^few Section I. The trustee of school district number six in the town

niithoiiz«»d ,

u.iRnue of Tonawanda, Erie county, may issue new bonds for the retire-

injw Donas. ' v ^ w

ment of the outstanding bonds of such district as they become

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 253

due, not exceeding in amount the sum of four thousand five
hundred dollars. Before any such new bonds are issued a reso-
lution shall be adopted at a special or annual district meeting
to be called and held as provided in the consolidated school
law. Such resolution shall state the amount of new bonds to
be issued, the time and place where they shall be paid, and the
rate of interest, not to exceed five per centum which shall be
paid thereon. Such bonds shall be signed by the trustee and
clerk of such district. They shall be payable not less than one ^'^'ii'j^j.
nor more than twenty years from their date, and until paid ******"
shall be valid and binding on such school district. They shall
be sold for not less than par, to the highest bidder at a public
sale, held after a notice of such sale published in at least one
newspaper published in the town of Tonawanda, or in such
newspapers in the city of Buffalo as may be determined by the
trustee for once a week for two weeks prior to the time of
such sale. Such new bonds may be substituted in the place
of outstanding bonds to be retired, if the holders thereof will
accept such new bonds at the rate fixed by the resolution
adopted by the district school meeting. If such bonds are sold ^JJJgJJJSJ
as above provided the proceeds thereof shall be applied in the
payment of such outstanding bonds. All bonds so issued shall
be exempt from taxation for state, county, town, village or
school puri)ose8. Upon payment of such outstanding bonds or
the substitution of new bonds therefor, such outstanding bonds
shall be cancelled and retired.
§ 2. This act shall take effect immediately.

Chap. 70.

AN ACT to amend chapter three hundred and sixty-one of the
laws of eighteen hundred and ninety-seven, entitled "An act
to incorporate the city of North Tonawanda," relating to
elections, officers and city government.

Accepted by the city.

Became a law, February 27, 1002, with the approval of the Gtovemoi.

Passed, three-lifths being present.

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

Section 1. Section one of title two of chapter three hundred
and sixty-one oil the laws of eighteen hundred and ninety-seven,

254 LAWS OF NEW YORK. [Chap.

entitled "An act to incorporate the city of North Tonawanda,"
is hereby amended to read as follows:

§ 1. City officers. — ^The officers of the city shall be a mayor, a
city jndge, a city treasurer, three assessors, five commissioners
of public works, three police commissioners, three fire com-
missioners, a commissioner of public charities, such members
of the board of health as are now or hereafter shall be provided
for by law, a city clerk, a city engineer, a city attorney, a super-
intendent of public works, such number of policemen,
not exceeding twelve, as the police board shall determine,
three aldermen-at-large, a superintendent of water works, a
chief engineer of the fire department and two assistants, a sealer
of weights and measures, commissioners of deeds, special police-
men, two justices of the peace in addition to the city judge, who
shall be ex-officio a justice of the peace, and three constables.
There shall be in each ward a supervisor and two aldermen,
such inspectors of election, poll clerks and ballot clerks as are
or shall be provided by law.

§ 2. Section two of title two of said act is hereby amended to
read as follows:

§ 2. Time of holding elections. — ^The annual municipal election
shall be held on the same day as the state general election in
each year. The polls of such election in each election district
shall be held at such places as the common council shall desig-
nate as the polls of the general election.

§ 3. Section five of title two of said act is hereby amended to
read as follows:

§ 5. Plurality to elect. — ^The person having a plurality of
votes for the respective offices to be filled by general ballot for
the whole city, and those having a plurality of votes for the
offices to be filled by the electors of the several election district9
or wards, shall be declared duly elected, and shall enter upon
the discharge of the duties of their respective offices on the first
day of January next following the said election, unless a differ-
ent time is hereinafter specified.

§ 4. Section six of title two of said act is hereby amended to
read as follows:

§ 6. Special election, case of a tie. — If at any election author-
ized by this act any officer voted for thereat shall not have been
chosen by reason of two or more candidates having received

70.] 02^E HUNDRED AND TWENTY-FIFTH SESSION. 255

an equal number of votes, for the same office, a special election
shall be ordered by the common council, to take place on the
second Tuesday in the month next ensuing for the entire
city or for any ward, as may be necessary, and the common
council shall cause such notice as is required for a general city
.election to be posted for at least six days previous to such
special election. The provisions of law in respect to the annual
municipal election, as far as the same are applicable, shall apply
to such special election and to any other special election called
to fill a vacancy in any elective office in the city.

§ 5. Section two of title three of said act is hereby amended
to read as follows:

§ 2. When elected. — In the year nineteen hundred and two
and every second year thereafter, shall be elected a mayor
who shall hold office until the thirty-first day of December
of the year second following that of his election. In the
year eighteen hundred and ninety-eight, and every second year
thereafter, shall be elected a treasurer, who shall hold office
until the thirty-first day of December of the year second
following that of his election. In the year eighteen hun-
dred and ninety-eight, and every year thereafter, shall be
elected an assessor and a constable, who shall respectively bold
office until the thirty-first day of December of the year
third following that of their election. In the year eighteen
hundred and ninety-eight, and every second year thereafter,
shall be elected a justice of the peace, who shall bold
office until the thirty-first day of December of the year
fourth following that of his election. In the year eighteen
hundred and ninety-nine, and every fourth year thereafter, shall
be elected a city judge who shall hold office until the thirty-
first day of December of the fourth year following that
of his election. In the year eighteen hundred and ninety-
eight and every second year thereafter shall be elected one
alderman-at-large, who shall hold office until the thirty-first
day of December of the year second following that of his
election, and in the year eighteen hundred and ninety-nine and
every second year thereafter, shall be elected two alder men-at-
large, who shall hold office until the thirty-first day of Decern-
ber of the year second following that of their election.

256 LAWS OF NEW YORK. [Chap.

§ 6. Section four of title three of said act is hereby amended
to read as follows:

§ 4. When elected. — In the year eighteen hundred and ninety-
nine, and every second year thereafter, shall be elected in each
ward one supervisor who shall hold office until the thirty-first
day of December of the year second following that of
their election. In the year eighteen hundred and ninety-
eight, and every second year thereafter, shall be elected an
alderman in each ward, who shall hold office until the thirty-
first day of December of the year second fpllowing
that of their election, and in the year eighteen hundred and
ninety-nine, and every second year thereafter, shall be elected
an alderman in each ward who shall hold office until the thirty-
first day of December of the year second following that of their
election.

§ 7. Section seven of title three of said act is hereby amended
to read as follows:

§ 7. Appointed officers. — The mayor shall appoint the follow
ing officers, namely, commissioners of public works, police com-
missioners, fire commissioners, a commissioner of public char
ities, a sealer of weights and measures, a city physician, such
inspectors of election, poll clerks and ballot clerks as are and
shall be provided by law.

§ 8. Section eight of title three of said act is hereby amended
to read as follows:

§ 8. When appointed. — The mayor may remove any officer ap-
pointed by the mayor for a term fixed by this act or to fill a
vacancy within the term for which such officer shall have been
appointed, for incompetency or malconduct in office, after giv-
ing to such officer a copy of the charges against him and an
opportunity to be heard in his defense in person and by counsel.
Immediately upon assuming the duties of his office, the mayor
shall fill all vacancies in boards, the members of which are ap-
pointed by the mayor. At the first regular meeting in each
year the common council shall appoint a city clerk. The
water commissioners of the village of North Tonawanda in
office at the time this act shall take efiFect shall be the commis-
sioners of public works of the city of North Tonawanda for
the remainder of the term for which they were respectively
appointed or elected. In the year eighteen hundred and ninety-

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 257

eight and every third year thereafter, the mayor shall appoint
two commissioners of public works who shall hold office for
three years. In the year eighteen hundred and ninety-nine and
every third year thereafter, the mayor shall appoint one commis-
sioner of public works who shall hold office for three years.
In the vear nineteen hundred and every third vear thereafter,
the mayor shall appoint two commissioners of public works who
shall hold office for three years. The police commissioners first
appointed shall hold office for one, two and three years respec-
tively, as shall be determined by the mayor at the time of the
appointment; and annually thereafter the mayor shall appoint
a police commissioner who shall hold office for three years.
The fire commissioners first appointed shall hold office until the
thirty-first day of December of the years nineteen hundred and
two, nineteen hundred and three, and nineteen hundred and
four, respectively, as shall be determined by the mayor at the
time of the appointment; and annually thereafter the mayor
shall appoint a fire commissioner who shall hold office
for three years. The commissioner of public charities
shall hold office for one year. The members of each board shall
seh^ct one of their number presidimt thereof, and out* of
their number a secretary thereof. The sealer of weights and
measures shall be appointed at the times in the manner and for
the term provided by law. The board of public works shall ap-
point the superintendent of public works, the superintendent of
water works, and a city engineer, and may remove them at
pleasure. The superintendent of water works shall receive an
annual salary of not to exceed twelve hundred dollars, which
shall be paid out of the water fund.

§ 9. Section one of title four of said act is hereby amended
to read as follows:

§ 1. In elective office. — ^Vacancies occurring in any manner in
any elective office, shall be filled by the common council at its
first regular meeting after the occurrence of the vacancy; but
the person appointed to fill a vacancy shall hold the office until
the thirty-first day of December next ensuing.

§ 10. Section one of title seven of said act is hereby amended
to read as follows :

§ 1. O^^nization and procedure. — The legislative powers of
the corporation shall be vested in the board of aldermen of the

258 LAWS OF NEW YORK. [Chap.

city, who shall be called the common council. The common
council fihall meet on the first Tuesday in January next
after each annual election. At such meeting, or as soon there-
after as practicable, the common council shall choose one of
the aldermen to be president, who shall be the presiding oflBcer
of the common council. A vacancy in the oflSce of president of
the common council shall be filled by the common council by
ballot. In the common council the president shall vote as an
alderman only. The common council shall meet in the common
council rooms at such times during each official year, after their
first meeting, as they shall by resolution designate. Special
meetings may be called by the mayor, or any three aldermen,
by appointment in writing to be filed with the city clerk, and
notice thereof shall be served as the common council shall by
ordinance prescribe. The presence of a majority of the alder-
men authorized to be elected shall constitute a quorum of the
common council, but a less number may adjourn from time to
time. A majority vote of the aldermen present- at any meeting
of the common council at which a quorum shall be present shall
be sufficient to pass any resolution or ordinance, except that no
resolution authorizing or involving the expenditure of money or
collection of money by tax or assessment, or ordinance be
passed or adopted, unless it receive the assent of a majority of
all the aldermen in office, which vote shall be by yeas and nays,
and a record thereof be entered at large in the minutes.

§ 11. Section six of title seven of said act is hereby amended
to read as follows:

§ 6. Limitations on loans and the incurring of obligations by
the common council. — The said common council shall not have
power to borrow, and is hereby expressly prohibited from bor-
rowing any money on account of the city, except as herein pro-
vided, and except for the purpose of anticipating, as far as may
be necessary, the receipt of the general annual tax. The said
common council shall not create any pecuniary obligation what-
ever on the part of the city which shall not be payable within
the fiscal year within which such obligation was incurred, or
eight months thereafter, and which cannot be discharged
from the income of the same year; except that the com-
mon council may, when it shall thereby be able to obtain a more
advantageous contract for the city, enter into a contract with

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 259

any person, company or corporation for lighting the streets,
alleys and public places of the city, for a period not exceeding
three years; but this prohibition shall not affect the provisions
of this act in regard to obligations for, or relating to the ex-
penditure of any sum raised by issuing bonds.

§ 12. Section five of title eight of said act is hereby amended
to read as follows:

§ 5. Notice of completion of roll. — ^When the assessors shall
haye completed an assessment for the city of North Tonawanda,
they shall cause to be posted in ten public and conspicuous
places in the city, and published in the oflBcial newspaper in the
city, a notice of the completion of said roll, and that the
same may be seen and examined at the ofQce of the
assessors, and until the time when, not less than twenty days
from the first publication of such notice, they will meet for the
purpose of hearing and determining all complaints to said
roll, and of revising and correcting the same. They shall
also during said period of twenty days, serve or cause to
be served personally, or deposited in the post-office in said city,
notices directed to the owners of the lands whose names shall
be entered on the roll and registered in the book kept
by the assessors as herein provided, to their post-office
addresses as therein registered, and which notice shall
state that the roll, naming it, is on inspection and shall contain
a description of the property assessed and the assessed valua-
tion thereof. But a failure to give such notice shall not invali-
date any assessment contained in such roll. They shall have
such power and authority during such period and at such times
to correct such roll as to them shall seem necessary. They may
add or insert therein any property liable to taxation, and the
assessment thereof, which may have been omitted therefrom,
upon giving personal notice thereof to the owner, agent or occu-
pant of the property. The assessors shall meet at the time and
place specified in said notice so published and posted as afore-
said, and hear and determine all complaints in relation to any
of the assessments appearing on said assessment roll, and for
that purpose they may adjourn from time to time. Upon
such hearing the assessors may compel the attendance and tes-
timony of witnesses by process to be issued by them, and to be
enforced in the same manner as processes against witnesses in

260 LAWS OP NEW YORK. [Cha^.

criminal cases. Said complainants shall file with the assessors
a statement, under oath, specifying the respect in which the
assessment complained of is incorrect, which verification must
be made by the person assessed, or by some person authorized
to make such statement, and who has knowledge of the facts
stated therein. The assessors may administer oaths, take tes-
timony, and hear proofs in regard to any such complaint and
the assessment to which it relates. If not satisfied that such
assessment is erroneous, they may require the person assessed
or his agent or representative, or any other person, to appear
before them and be examined concerning such complaint and to
produce any papers relating to such assessment with respect to
his property, or his residence, for the purpose of taxation. If
any such person, or his agent or representative, shall willfully •
neglect or refuse to attend and be so examined, or to answer
any material question put to him, such person shall not be en-
titled to any reduction of his assessment. Minutes of the exam-
ination of every person examined by the assessors upon the
hearing of any such complaint, shall be taken and filed in the
oflSce of the assessors. Any person feeling himself unjustly or
unfairly assessed, may, after his application has been rejected
by the assessors, for the purpose of having his assessment re-
viewed, proceed in the same manner be entitled to the same
remedies and process, and the proceedings relating to the
review of such assessment shall be the same, as is or may be
provided by law in relation to review by the supreme court of
assessments on an assessment roll of a town; and for the pur-
pose of reviewing the assessment complained oD, such court
shall possess and exercise the same rights and powers as are or
may be given such court by such law; but any petition or appli-
cation to any court for the review of any assessment or any
assessment roll for the said city, must be presented within fif-
teen days after the completion, correction, and filing of such
roll with the city treasurer and the first posting or publication
of the notice thereof required by law to be posted and pub-
lished. If the proper notices required to be given prior to such
filing are given as required by this act, the assessment roll shall
become and be final and conclusive as to all persons making no
objections thereto.

TO.] OIS^E HU:S'DRED AND TWENTY-FIFTH SESSION. 261

§ 13. Section six of title eight of said act is hereby amended
to read as follows:

§ 6. Filing of roll. — After the assessment roll for said city
shall have been corrected and completed, the assessors or a
majority thereof shall make and subscribe thereto an oath, and
verify such roll substantially as is or may be provided by law
for the verification of the assessment roll of a town; and they
shall file the same with the city treasurer, on or before the first
day of September in each year. They shall also prepare
from such general assessment roll a separate assessment roll
for each ward of the city, the assessments on which roll shall
be copies of the same assessments in said general roll, and shall
deliver the same to the supervisors of the city of North
Tonawanda, to be by them delivered to the board of su-
pervisors of the county of Niagara, and the same shall be the
assessment roll of the city for county and state purposes. The
board of supervisors of Niagara county shall have the same
power and authority to examine and correct such assessment
roll, and to equalize the value therein expressed, as it has or
may have by law with respect to the assessment rolls of
towns of said county.

§ 14. Section seven of title eicht of said act is hereby amended
to read as follows:

§ 7. lien of taxes. — Upon the filing of the assessment
roll for said city with the city treasurer, all taxes and
assessments therein made upon the several parcels of land
therein specified, together with interest thereon and additions
thereto, as they accrue, shall be and remain a lien and charge
upon the said lots or parcels of land, respectively, for
ten year from the time of filing such assessment roll
with the city treasurer, superior to all other liens, right, title
or estate therein, until paid or otherwise satisfied and dis-
charged, and shall have priority over all other taxes in the
inverse order of time in which they become liens. The taxes
assessed upon personal property shall be a lien thereon from
and after the date of the delivery of the roll to the city
treasurer.

§ 15. Section eight of title eight of said act is hereby amended
to read as follows:

262 LAWS OF NEW YORK. [Chap.

§ 8. Statement of corporations. — The president or other
proper officer of every moneyed or stock corporation in the
city, and every individual banker deriving an income or
profit from its capital or otherwise shall, on or before June fif-
teenth, deliver to one of the assessors the written statement re-
quired by section twenty-seven of article two of the tax law,
and every individual banker doing business under the laws of
this state shall before said date, make to the assessors the re-
port required by section twenty-five of article two of said tax
law; and the chief fiscal officer of every bank or banking associa-
tion organized under the authority of this state or of the United
States, shall on or before the first day of July in each year,
furnish to the board of assessors at their office, the sworn
statement required by section twenty-three of article two
of the tax law as amended by chapter five hundred and fifty of
the laws of nineteen hundred and oqe, and in default thereof,
the assessment of the board shall be conclusive.

§ 16. The heading to title eight of said act immediately after
the words " title eight assessors " is hereby amended to read as
follows:

Section 1. City assessors, their powers and duties.

2. Assessment of taxes.

3. Assessment roll.

4. Aid of city attorney and city engineer.
6. Notice of completion of roll.

6. Filing of roll.

7. Lien of taxes.

8. Statement of corporations.

9. Assessors' maps, et cetera, public records.

10. Violation of duty.

11. Registration of addresses of persons liable to

taxation.

12. Registration of conveyances of land.

13. Other duties of assessors.

14. Other duties; salary.

Section 17. Said title eight is further amended by adding
thereto new sections to read as follows:

§ 11. Begistration of addresses of persons liable to taxation.
—The assessors shall keep in their office a book for the regis-

70.] ONE HUNDRED AND TWJENTY-FIFTn SESSION. 263

tration of the names and post-office addresses of all persona
liable to taxation within the city who may desire to register
the same, and all such persons making such registration shall
be entitled to a notice from the assessors of the completion of
the roll with the other particulars in said notice required to
be given, as in this act provided.

§ 12. Begistration of conveyances of land. — ^The assessors
shall also keep in their office a book in which upon the presenta-
tion to them of every deed of conveyance of lands in said city,
they shall enter the date thereof, the names of the grantees
thereto, and a brief description of the real property therein
described. They shall also note upon every such deed of con-
veyance presented to them the fact of such presentation. If
the county clerk shall record any deed of conveyance of lands
in the city, which shall not have been marked by the city as-
sessors, as provided by this act, he shall forfeit to the city
the sum of ten dollars for each offense. But nothing herein
contained shall affect the record of an unmarked deed.

§ 13. Other duties of assessors. — In addition to the other
duties imposed upon said assessors by this title, said assessors
shall also prepare annually from each general assessment roll
as revised, a separate assessment roll for each union free
school district wholly within the city of North Tonawanda, the
assessments on which roll shall be copies of the same assess-
ments on said general city roll, and shall extend thereon the
several amounts to be raised as taxes by the said school dis-
trict for that year as the same shall be furnished to said as-
sessors by the board of education of such school district, and
shall deliver such separate roll to said board of education; and
the same, when approved and signed by such board of educa-
tion, shall constitute the tax roll for such school district.

§ 14. Other duties; salary. — ^The city assessors shall keep
their office open during each day of the year, excepting legal
holidays, from nine o'clock in the forenoon until four o'clock
in the afternoon, and at least one of said assessors shall be in
attendance during all such times at said office. Said assessors
shall perform all clerical work whatsoever required or neces-
sary in the preparation and completion of all assessment rolls,
and the preparation of all tax rolls required to be made by
them, and shall perform all other duties imposed upon them

264 LAWS OF IS'EW YOKlv. [Chap.

by law without other compensation than th(» sahiry herein pro-
vided. The city assessors shall each receive an annual salary
of not to exceed six hundred dollars and shall in no case receive
any additional or extra compensation.

§ 18. Section one of title nine of said act is hereby amended
to read as follows:

§ 1. City treasurer; his duties. — The city treasurer shall be
the fiscal officer of the city, and shall perform such duties inci-
dent to his office as the common council may require. He shall
keep an office at such place as the common council shall pro-
vide and designate, which shall be kept open each day in the
year, except Sundays and legal holidays, from nine o'clock in the
forenoon until five o'clock in the afternoon, and at such hours
as the common council may, from time to time, direct. In case
of the death or removal from office of the city treasurer, or when
he shall, from any cause, be disabled from performing the du-
ties of said office, or in case said office shall become vacant from
any cause, the mayor shall appoint some suitable and compe-
tent person having the qualifications of an elector in said city,
to perform temporarily the duties of city treasurer. The
person so appointed shall in case of the disability of the city
treasurer, continue to perform the duties of such office until
Buch disability is removed or a vacancy occurs in said office:
And in all other cases shall continue to perform such duties
until a city treasurer shall be appointed by the common council
as provided by this act; but the mayor shall not make any such
appointment in case of the resignation of the city treasurer
where such city treasurer so resigning continues to perform the
duties of the office after such resignation and until his successor
is appointed by the common council. The person so appointed
shall, during the time he so acts as city treasurer, receive the
same amount of salary as the city treasurer would have received
during the same period. Before entering upon the duties of his
office, the person so appointed shall furnish to the city a bond
in such amount and with such surety as the mayor shall require,
and which shall be approved by the mayor.

§ 19. Section two of title nine of said act is hereby amended
to read as follows:

§ 2. Bond to the city. — Before entering upon the duties of
his office, the city tn^asurer shall execute and file an official bond

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 265

with two or more surotios or of some solvent surety company, in
sucli penal sum as may be fixed by the common council, not less,
however, than fifty thousand dollars, in accordance with the pro-
visions of law in such case made and provided. The common
council may require such bond to be executed by some solvent
surety company, in which case the city shall reimburse the treas-
urer for the expense of said bond. All bonds given by the city
treasurer shall be approved by the common council, a certificate
by the city clerk of such approval shall be endorsed thereon, and
the bonds so <?ndorsed shall be filed and recorded in the city
clerk's office. Six months after the treasurer shall retire from
office the common council may declare such bond satisfied; and
thereupon all liability thereunder shall cease provided that no
action is then pending thereon.

§ 19. Section three of title nine of said act is hereby amended
to read as follows:

§ 3. Bond to the supervisors. — Before any warrants for the
collection of taxes issued by the board of supervisors of the
county of Niagara, shall be delivered to the city treasurer, he
shall execute an additional bond to the county of Niagara with
two or more sureties, freeholders of the county of 'Niagara, or
some solvent surety company, to be approved by the super-
visors of the city of North Tonawanda, in a penalty equal
to the amount of said taxes directed to be collected by said
warrant, and in accordance with the provisions of law in such
case made and provided. The supervisors of said city, or a ma-
jority of them, shall forthwith cause said bond so approved by
them to be delivered to the clerk of the county of Niagara, with
their approval endorsed thereon. Such bonds shall be duly
recorded by the said clerk as in the case of collectors of towns;
and such bond shall continue and hold good without renewal
until the expiration of the time allowed for collection of said
taxes or any extension thereof, as provided by law.

§ 20. Section ten of title nine of said act is hereby amended
to read as follows:

§ 10. Annual reports. — The city treasurer shall annually and
on the last business day in each fiscal year, file with
the city clerk, who shall forthwith present the same to the com-
mon council, an itemized account of all his receipts and dis-
bursements, since the date of his last annual report, and a state-

266 LAWS OF NEW YORK. [Chap.

ment of the financial condition of the city. When such report
shall have been examined and certified as correct by the com-
mon council, the y.ouchers thereto shall be filed with the city
clerk, and be by him preserved as a part of the city records for
at least six years. The aforesaid statement of the financial
condition of the city shall be published once in the oflficial news-
paper. At the time of the annual statement and immediately
preceding the expiration of his term of office, or within such
time after the annual statement as the common council may fix,
he shall pay to his successor in office all such moneys, remaining
in his hands, and deliver to such successor in office all assess-
ment rolls, books, papers, and property belonging to the city or
pertaining to the affairs of the city in connection with the duties
of his office. He shall annually settle with the common coun-
cil, and as much oftener as they may require, for all tax rolls
and warrants issued to him by the board of supervisors of
Niagara county, and for all moneys received and collected by
him for school or other purposes, and produce the proper
vouchers of the board of education and other officers for all
moneys paid upon the warrants of said officers.

§ 21. Section eleven of title nine of said act is hereby
amended to read as follows:

§ 11. Action against treasurer for neglect of duty. — ^The mayor
shall have power to suspend or remove the city treas-
urer for misconduct in office or neglect of duty, to
be specified in the order of suspension or removal; but
no such removal shall be made without a reasonable notice
to the officer complained of, and an opportunity afforded him
to be heard in his defense. If by reason of any default mis-
conduct, or neglect of duty the city shall have suffered any
damage or loss, the mayor shall at once cause an action to be
brought in the name of the city of North Tonawanda against
said city treasurer, or the sureties upon his official bond, or both
to recover any sum due the city by reason of such default, mis-
conduct, or neglect of duty.

§ 22. Section thirteen of title nine is hereby amended to read
as follows:

§ 13. Begistration of address of taxpayers. — ^It shall be the
duty of the city treasurer to keep a record of all persons and
their respective addresses, who may pay taxes for npft-residents

70.] 0^E nUXDRED AND TWENTY-FIFTH SESSION. 267

of said city, and the addresses of sueh non-residents so far as he
can ascertain the same.

§ 23. Section fourteen of title nine of said act is hereby
repealed.

§ 24. Section two of title ten of said act is hereby amended
to read as follows:

§ 2. Duties regarding audits and resolutions. — ^The clerk shall
within forty-eight hours after each and every meeting
of the common council, make and deliver to the city
treasurer a copy certified by him of all resolutions and proceed-
ings of the common council relating to the finances of the city, in-
cluding a statement of all orders for the payment of money by it
directed to be drawn; to each board of the city a certified copy
of all resolutions and proceedings of the common council re-
lating to said board, and to the mayor, a certified copy
of every motion, resolution, ordinance or by-law passed by the
common council, board of police commissioners and board of fire
commissioners, except those relating to rules for its own gov-
ernment and the appointment of officers. He shall keep
an accurate account of all moneys received by him,
belonging to the city, and upon receipt thereof pay the same
over to the city treasurer, take a proper receipt therefor and
file the same in his office and report the same to the common
council at its next regular meeting; he shall also keep an accu-
rate account of all expenditures by the common council and of
all warrants and orders drawn on the treasurer; his accounts
shall be kept in such book or books, and manner, as the common
council shall direct; he shalL report to the common council, at
each regular meeting thereof, the aggregate amount of the
orders drawn by him on each fund during the current fiscal
year, except local improvement funds, and shall report thereon
when directed by the common council, and said report shall also
specify what amount to the credit of the several funds must be
reserved to pay salaries and other fixed expenditures during the
remainder of the fiscal year.

§ 25. Section three of title ten of said act is hereby amended
to read as follows:

§ 3. Shall be town clerk. — ^The clerk shall perform all duties
of the clerks of towns, not inconsistent with this act, and his
office is hereby declared a town clerk's office for the purpose

268 LAWS OF NEW YORK. [Chap.

of depositing and filing therein all books and papers, includ-
ing chattel mortgages, bills of sale, conditional contracts, or
other pledges of personal property, required by law to be
deposited, filed or entered on record in a town clerk's oflSce; and
he shall possess all the powers and discharge all the duties and
receive the fees of a town clerk, except so far as may be incon-
sistent with the provisions of this act. He shall be clerk of
the board of police commissioners, and of the board
of fire commissioners. The books and papers in his
office shall be produced upon reasonable demand for
the inspection of any elector of said city, and upon like
demand, and the tender of fees at the rate of six cents per folio
therefor, he shall furnish a copy of any paper or record filed
or kept with him as such clerk. All fees received by him under
the provisions of this act, or otherwise, shall be paid by him
to the city treasurer for the use of said city. His bond or bondi»
shall be filed in the office of the city treasurer.

§ 26. Section eight of title eleven of said act is herebi
amended to read as follows:

§ 8. The city engineer. — The city engineer shall be appointed
by the board of public works for a term of one year. He shall
receive a salai'y to be fixed Ly the common council of not more
than twelve hundred dollars per annum, payable monthjy,
which said sum shall be in full for all services rendered
by him to the city of North Tonawanda, or to any department
thereof, exclusive of his necessary disbursements for help and
materials required in official surveys. No person shall be ap-
pointed to said office unless he possesses the qualifications of a
civil engineer. He shall perform all such services for the city
as properly come under the direction of a civil engineer and sur-
veyor, and he shall be consulted on all important matters relat-
ing to public improvement of every kind, where the advice of a
civil engineer would be of service. He shall perform such other
duties pertaining to civil engineering and surveying and be sub-
ject to such liabilities as shall be prescribed by the common
council, assessors and board of public works, in addition to all
other duties imposed by this act. All maps and surveys pre-
pared by said engineer in the course of his work shall be the
property of the city and be delivered by him to his successor.

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 269

§ 27. Title eleven is hereby further amended by adding thereto
another section to be known as section twelve and to read as
follows:

§ 12. Jnstices of the peace; jnrisdiction. — Each justice of the
I>€*ace in the city of North Tonawanda shall have and keep an
office or place for the transaction of his official business within
said city, and not elsewhere; he shall have and exercise all
powers and authority, and discharge all the duties and be en-
titled to all the fees and compensation of justices of the peace
in the several towns in this state, except as modified by this act;
he shall have the same territorial jurisdiction as if said city con-
stituted a part of the town of Wheatfield.

§ 28. Subdivision one of section three of title twelve of said
act is hereby amended to read as follows:

1. An action to recover damages upon or for a breach of con-
tract, express or implied, other than a promise to marry, when
the sum claimed does not exceed five hundred dollars. An ac-
tion to recover the sum due upon any tax or assessment when
the amount claimed does not exceed five hundred dollars.

§ 29. Section eight of title twelve of said act is hereby
• amended to read as follows:

§ 8. Police court abolished. — The city judge in all criminal
actions and proceedings and special proceedings of a criminal
nature, for or on account of offences committed or charged to
have been committed within this city, shall have all the juris-
diction and authority which a justice of the peace of a town
would have if such offense were committed or charged to have
been committed in the town, including bastardy proceedings.
And the city court within such city shall possess and exercise
all the powers conferred upon courts of special sessions, and
shall be subject, in the exercise of such powers, to all provisions
of law relating to courts of special sessions; and upon convic-
tion in said court for any misdemeanor of which the court has
jurisdiction, the same sentence may be imposed as might be
imposed were such conviction had in a county court. And the
office of police justice and the police court in and for the village
of North Tonaw^anda, New York, is hereby abolished, and shall
cease to exist after the passage of this act. And all the crim-
inal jurisdiction heretofore belonging to said police justice and
court is hereby conferred upon the city court of North Tona-

270 LAWS OF NEW YORK. [Chap.

wanda, New York. Said city court has exclusive jurisdiction in
the first instance in all cases of violation of ordinances of the
city of North Tonawanda.

§ 30. Section ten of title twelve of said act is hereby amended
to read as follows:

§ 10. Bales and regulations. — The mayor shall appoint a com-
petent person, who shall perform the duties of the city judge in
case of and during his temporary disability or absence, and
who shall, during the time he is performing such duties, receive
the sum of three dollars per day to be deducted from, and paid
out of the salary of the city judge. The city judge shall make
and cause to be published such necessary rules and regulations
as he may deem proper for the government of the practice in
said court.

§ 31. Subdivision five of section one of title eighteen of said
act is hereby amended to read as follows:

5. For salary of the city treasurer, fifteen hundred dollars:
for salary of the city judge, twelve hundred dollars; for salary
of the city clerk, one thousand dollars; for salary of each as-
sessor, not exceeding six hundred dollars; for salary
of the superintendent of public works, one thousand
dollars; for salary of commissioner of public charities, a
sum not exceeding six hundred dollars; for the salary of the
city attorney, a sum not exceeding fifteen hundred dollars; for
the salary of the city engineer, a sum not exceeding twelve hun-
dred dollars; for the salary of the city physician, a sum not ex-
ceeding five hundred dollars.

§ 32. Subdivision six of section one of title eighteen as
amended by chapter four hundred and ninety-three of the laws
of nineteen hundred, and by chapter six hundred thirty-six of
the laws of nineteen hundred, is hereby amended to read as
follows:

6. For lighting the public buildings of the city, providing
necessary apparatus and means for the prevention and extin-
guishment of fires, defraying the contingent expenses of the
city, the expenses of public improvements proper to be done
by the city, and all other miscellaneous expenses of the city, its
officers, boards or commissioners, a sum not exceeding
four thousand dollars; for lighting the streets, alleys and pub-

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 271

lie places of the city, a Bum not exceeding fifteen thousand
dollars.

§ 33. Said section one of title eighteen is further amended by
adding a new subdivision thereto following subdivision four, to
be known as four-a and to read as follows:

4a. For the uses and purposes of the board of fire commis-
sioners, a sum not exceeding six thousand dollars.

§ 34. Section two of title eighteen of said act is hereby
amended to read as follows:

§ 2. Boards to submit annual statement. — Each board en-
titled to an appropriation, as in this title provided, shall annu-
ally, on the last business day of the fiscal year deliver to the city
clerk a statement in writing of the sum which it will require for
its uses and purposes during the ensuing fiscal year, not exceed-
ing the sum herein provided for. Such statement shall show any
unexpended balance remaining to the credit of the board in the
city treasury, and be signed by the presidents of such boards
respectively. The city clerk shall deliver all such statements to
the common council at its next meeting. The common council
thereupon shall cause to be included in the next annual
tax levy the sum so stated to be required by each board for its
uses and purposes during the next fiscal year, not exceeding the
amount therein provided for each board, respectively, after de-
duction therefrom of any unexpended balance remaining to the
credit of such board in the city treasury. Each of said boards
shall also, at said time, file with the city clerk an inventory of
all the property under its control, which inventory shall show
the estimated value of said property.

§ 35. The heading of title nineteen, immediately after the
words and figure "five. Tax receipts," is hereby amended to read
as follows:

§ 6. Collection of tax by levy and sale.

§ 36. Section three of title nineteen of said act is hereby
amended to read as follows:

§ 3. Notice of receiving taxes. — Immediately upon receiving
the county and city tax roll, the treasurer shall cause to be pub-
lished in the official newspaper once a week for three successive
weeks a notice, and shall post notices in five public and con-
spicuous places in each ward in the city, and cause such other
or further notices to be given as the common council may direct,

272 LAWS OP NEW YORK. [Chap.

that the said rolls have been leftwith him for collection, and that
he will be ready at his oflSce during bis office hours for thirty
days next after the first publication of such notice to receive
payment of taxes thereon, and that for said period of thirty
days every person paying his taxes to the treasurer may do so
without additional charges; for thirty days next thereafter two
per centum fees thereon shall be collected; and that thereafter
five per centum fees shall be collected, and that any such taxt^s
remaining unpaid after the expiration of ninety days, in addi-
tion to said five per centum fees, shall bear interest at the rate
of twelve per centum per annum from the date of the delivery of
the roll to the treasurer, and such interest and fees shall be
char;;ed accordingly. Interest on taxes and assessments shall
not be computed for less than one month, and shall be computed
up to the first day of the month following the day of payment.
The treasurer shall attend at the time and place specified in
such notice, and may receive, but not enforce, the collection of
taxes within the first thirty days after the publication of said
notice.

§ 37. Section six of title nineteen of said act is hereby
amended to read as follows:

§ 6. Collection of tax by levy and sale. — The city treas-
urer either by himself or deputy shall have the power
after the expiration of the period of thirty days next after
the first publication of the notice of receiving taxes to col-
lect any taxes assessed against real and personal property,
together with the additions and interest due thereon, and the
costs of collection, by levy and sale of personal property belong-
ing to the person so assessed, in the manner provided by law
for the levy and sale of personal property provided under an
execution; and the city shall be entitled to the same fees for
the services of the treasurer or deputy, as are allowed by law for
selling personal property under an execution. Public notice of
the time and place of the sale of the property to be sold shall be
given by the treasurer in the manner constables are required
to give notice of sale of personal property under an execution.
Collection of taxes against a telegraph, telephone, electric light
line, or other line for transmission of electricity, may be en-
forced by the sale of the instruments and batteries connected
with such line, and in case there is not sufficient personal prop

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 273

erty, together with such instruments and batteries, to pay suc!i
tax, additions and interest, with costs of collection and the ex-
penses of the sale, the city treasurer shall proceed to sell such
part of the line in the city as may be necessary to satisfy the
unpaid taxes, interest, additions, costs and expenses of the sale,
in the manner now provided by law for the sale of land under
an execution, and upon such sale shall execute to the purchaser
a conveyance of such part of such line, and the purchaser shall
thereupon become the owner thereof. No claim of property to
be made thereto by any other person than the owner shall be
available to prevent such sales. If the proceeds of such sales
shall be more than the amount of such tax, interest and addi-
tions, fees of collection and expenses of the sales, the surplus
shall be paid to the person against whom the tax was assessed.
If any other person shall claim the surplus on the ground that
the property sold belonged to him, and such claim be admitted
by the person for the payment of whose tax the sale was made,
such surplus shall be paid to such other person. If such claim
be contested by the person for the payment of whose tax the
property was sold, such surplus shall be paid over by the city
treasurer to the county treasurer of the county of Niagara, who
shall retain the same until the rights of the parties thereto
shall be determined by due course of law, or by an agreement
in writing made by them and filed with the county treasurer.

§ 38. Section seven of title nineteen of said act is hereby
amended to read as follows:

§ 7. Collection of tax by civil action. — The city treasurer is
hereby authorized and empowered to recover, by action in any
court of competent jurisdiction, and in the corporate name of
the city, the amount of every tax remaining unpaid after the
expiration of ninety days, with the additions and fees unpaid
thereon, and to recover judgment therefor with twelve per
centum interest thereon, and the cost and expenses of such
action. The city judge shall have jurisdiction to try such
action when the sum claimed does not exceed five hun-
dred dollars. A transcript of the judgment obtained in such
actions, in any court not of record, may be filed, and such judg-
ment docketed in the office of the clerk of Niagara county, and
it shall however small the amount, thereupon become a judg-
ment of the county court of said county, and a lien to the amount

274 LAWS OF InEW YORK. [CnAr.

of such judgment, upon all real estate of the judgment debtor
situate in said county, and shall have the same priority over
any other lien or incumbrance upon, or transfer of the property
charged with the tax, for which such action was brought, as the
lien of the tax sought to be recovered in said action.

§ 39. Section eighteen of title nineteen of said act is hereby
amended to read as follows:

§ 18. Certificate of purchase. — The treasurer upon receiving
the amount of the total tax, interest, fees, additions and expenses
of sale, shall make and deliver to each purchaser, including the
city, if a purchaser, a certificate, which shall contain a descrip-
tion of the real estate purchased, the amount paid therefor, the
date of the sale, the 'time when the purchaser will be entitled to
a deed of conveyance of the lands sold, and that the same were
sold for unpaid city taxes. Such certificate shall be signed by
the treasurer in his official capacity, and shall be presumptive
evidence of the regularity of all prior proceedings. If the pur-
chaser subsequently pays any taxes levied on the parcel of land
so purchased by him, whether for any year or years previous or
subsequent to such sale, he shall have the same lien for them,
and may add them to the amount paid by him in the purchase.
If any person shall become a purchaser of more than one parcel
of property, he may have the whole included in one certificate,
but each parcel shall be separately described, and the amount
paid may be entered in gross in said certificate. Such certifi-
cate of purchase shall be assignable by assignment indorsed
thereon or annexed thereto, and an assignment thereof shall
vest in the assignee or his legal representatives all the
right and title of the original purchaser; and the statement
in the deed of the fact of the assignment shall be presumptive
evidence of such assignment. An assignment of any such certifi-
cate held by the city, shall be executed by the city treasurer.

§ 40. Section thirty-six of title nineteen of said act is hereby
amended to read as follows:

§ 36. Application of title. — All the provisions of this title are
hereby made applicable to all village taxes of the former village
of North Tonawanda heretofore levied or assessed, and to the
collection of all local assessments and taxes for local improve-
ment, except as in this act otherwise expressly provided. But
nothing contained in this act, or the acts amendatory thereof,

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 275

shall be held or construed as in any way affecting the validity
or lien of any state or county tax heretofore or hereafter to be
levied, assessed upon or against any of the real estate in this
act referred to, or sold, or in any way depriving the county of
Niagara, or state of New York, by its proper officers, from en-
forcing the collection, by sale or otherwise, of any such tax
from or against any of said lands or real estate.

§ 41. The heading of title twenty-one of said act immediately
after the words "title twenty-one. The board of public works,"
is hereby amended to read as follows:

Section 1. Organization.

2. Rules and regulation.

3. Recommendations to the common council.

4. Expenditures v/ithout order of common council.

5. Expenditures in pursuance of the orders of common

council.

6. Execution of public works and payment therefor.

7. Funds from which expenditures are payable.

8. Construction and repair of sidewalks, gutters and

culverts.

9. Powers.

10. Grades.

11. Building material in streets.

12. Shall be commissioners of highways.

13. Electric lighting plant.

14. Control of water-works.

15. Duties as to supply of water; acquisition of landa

16. Same; preliminary proceedings.

17. Same; condemnation proceedings.

18. Perfecting title; injunctions.

19. Use of streets and highways; sale of water.

20. Water rents.

21. Connecting pipes.

22. Assessment for fire protection.

23. Water rents; how applied.

24. Board may sue and defend.

25. Board to establish rules and regulations for enforc-

ing water rents.

26. Annual report.

27. Tax for deficiency to pay interest on bonds.

276 LAWS OF NEW YORK. [Chap.

Section 42. Section one of title twenty-one of said act is
hereby amended to read as follows:

§ 1. Organization. — Tlie board of public works shall elect one
of its members president, who shall be its presiding oflB-
cer, and one of its members as its secretary. Three
members of the board shall constitute a quorum, but no
action of the board shall be taken except by the concurring
votes of three members of the board. The board shall cause
to be kept by its secretary a journal of its proceedings,
full and accurate accounts, and records of all moneys appro-
priated or expended by it, of all officers appointed, suspended,
or removed by it, of all liabilities incurred, work performed,
employees engaged and contracts executed by it in behalf of
the city, and of all matters pertaining to the execution of the
duties of the board.

§ 43. Section eight of title twenty-one of said act is hereby
amended to read as follows:

§ 8. Consttnction and repair of sidewalks, gutters and cnl-
verts. — Whenever the common council shall order, or the board
of public works shall deem it necessary, that any sidewalk,
gutter or culvert be made, constructed, graded, regraded or
relaid, or any gutter or culvert repaired, the board shall
prescribe the width and length of the sidewalk, the mate-
rials of which it is to be constructed, the form and manner
of the construction of the gutter or culvert, and the city
superintendent of public works shall immediately require the
owner of the adjoining land to do such work by a notice served
similarly to that in this section; provided, and in case of the
owner's neglect or refusal to do such work within ten days, the
superintendent of public works shall immediately do such work.
When any sidewalk in the city shall be in an unsafe condition
or in need of repair, it shall be the duty of the city superin-
tendent of public works to forthwith give written notice to
the owner of the adjoining land to repair the same within
twenty-four hours from date of said notice, and in case of the
owner's neglect or refusal to make such repairs within the time
stated in said notice, the superintendent of public works shall
immediately do such work. The city superintendent of public
works, after doing any of the work in this section described,
shall then give notice of the expense of such work to the owner.

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 277

•

requiring the payment thereof to the city treasurer within ten
days after the service of such statement. Written notice
thereof shall be served upon the owner personally, or inclosed
in a post-paid wrapper and deposited in the post-office, ad-
dressed to such owner at his last known post-office address.
If such expense be not paid to the city treasurer within the
time prescribed therefor, the city superintendent of public works
shall tile his affidavit of the actual expense thereof with the
clerk of the city, who shall deliver the same to the assessors
on or before the first day of June in each year, and th(» same,
together with interest thereon at twelve per centum per annum
from the date of filing such affidavit added thereto, shall there-
upon be assessed by the assessors against the owner of such
adjoining premises, and upon said premises at the same time
as the annual tax assessment is, made by said assessors, and
shall be included in said annual assessment roll, and collected
in the same manner as the city taxes are collected, with inter-
est thereon at the rate of twelve per centum per annum
from the date of such assessment. Wherever any side-
walk, gutter or culvert shall be relaid or constructed
it shall be relaid or constructed upon the grade fixed
by the city engineer. The gutters in streets paved and
macadamized in whole or in part by local assessment shall
be kept in repair at the exx)ense of the city. Whenever any per-
son owning or occupying lands adjoining a street shall with
the consent of the board of public works construct a sidewalk
of stone, cement, or other similar material along the line of
such land, of the width of four feet or more, it shall be the duty
of said board of public works to examine the same when fin-
ished, and to credit such owner or occupant therefor so much
on account of his assessment for highway tax in the city of
North Tonawanda, as shall be equal in amount to one-third
of the actual and necessary expense of constructing such side-
walk, and to deliver to such owner or occupant their certificate
of the amount of such credit; but no such credit shall be al-
lowed unless the sidewalk so constructed shall be of a good and
substantial character and in accordance with the requirements
as to sidewalks of such character which may be adopted by the
board of public works. Upon presentation of such certificate
by the owner thereof to the city treasurer, such owner shall be

278 LAWS OF NEW YORK. [Chap.

credited thereon with the amount of all highway taxes of such
owner in the city until the amount of such credit shall be equal
to the sum of such credit for which said certificate was allowed.

§ 44. Section twelve of title twenty-one of said act is hereby
repealed and section thirteen thereof is hereby renumbered as
section twelve and section fourteen thereof is hereby renum-
bered as section thirteen.

§ 45. Section fifteen of title twenty-one of said act is hereby
renumbered and amended to read as follows:

§ 14. Control of water-works. — The board of public works is
vested with the charge, management and control of the water-
works, reservoirs, pipes, hydrants, and of all buildings, struc-
tures, and premises pertaining thereto, and of all machinery,
tools, appliances and materials used in connection therewith,
which may now belong to, or hereafter be acquired by the city.

§ 46. Said title twenty-one of said act is hereby further
amended by adding thereto new sections, to be known as sec-
tions fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,
twenty-six and twenty-seven, to read as follows:

§ 15. Duties as to supply of water; acquisition of lands. — It
shall be the duty of said board of public works to examine and
consider all matters relating to supplying the tity with pure
and wholesome water; it shall adopt such plans as, in the
opinion of said board, may be most feasible for procuring such
supply of water, and may at any time before the appointment
of commissioners of appraisal, as hereinafter provided, amend
the same. Such plans shall embrace proper distribution pipes
and supplies for all streets and places where, in the opinion
of said board, it shall be of interest to the city for domestic,
manufacturing, or other proper purposes, or for protection
against fire, and said board shall ascertain the probable amount
of money necessary to carry the same into effect; it shall have
power to contract for, purchase and take by deed, or other
instrument under seal, in the name of said city, all lands,
streams, water, water rights, or other property, real or per-
sonal, or rights therein, situate at any place in the county of
Niagara, which may be required for the purpose, and also the
right to lay, relay, and maintain pipes through lands, and to
take, detain or divert water or streams of water which may be

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION* 279

required for the purpose without taking the fee of the lands
through which the pipes are laid or over which such streams
or water flow, and to contract for the execution of the work
or any part thereof, or the supply of any necessary material;
and in case it shall at any time be deemed necessary by the
said board of public works for the purpose of enlarging im-
proving or perfecting the supply of water undertaken to be
provided pursuant to said act, or the source, means or mode of
supply, to acquire any additional lands, streams, water or
water rights, or other property, real or personal, or rights
therein, said board shall have power to contract for or purchase
or acquire the same, and also the right to lay, relay, and main-
tain pipes through lands, and to take, detain or divert water
or streams of water which may be deemed necessary by the
said board, without taking the fee of the lands through which
the pipes are laid, or over which such streams or water flow,
in the like name and manner and with like effect as is provided
by this title, for taking or acquiring any such property or rights
in the first instance; and the said board of public works, it«
servants and agents, are authorized to enter upon any lands,
streams or water for the purpose of making surveys, and to
agree with the owner of any such property or right which may
be deemed necessary for the purposes of this act, as to the
amount* of compensation to be paid such owner, subject to a
revision by the court, upon the application of any three taxable
inhabitants of the city.

§ 16. Same; prelininary proceedings. — Before entering upon,
detaining, taking, diverting or using any lands, streams or
water, or rights therein, for the purposes herein set forth in
sections fourteen and fifteen of this title, said board of public
works shall cause a survey and mnp to be made of the lands,
water or streams intended to be taken, diverted or affected, or in
which a right is intended to be taken for any of said purposes,
on which map the lands, streams or water of each owner or
occupant shall be designated, and which map shall be signed
by the president of said board of public works and its secretary,
and shall be filed in the office of the county clerk of the county
in which said lands, streams or water are situated; said board
shall also, in all cases, by an order made by it, and signed by
its president and secretary to be attached to and filed with said

280 LAWS OF NEW YORK. [Chap.

map, describe the lands, streams or water, and the title and
interest therein, which it intends to acquire for the purposes
of such improvement. Any map and order heretofore or here-
after filed under the provisions of this act, may be amended
in the discretion of the board of public works, at any time
before the appointment of commissioners of appraisal as in the
next section provided, by filing in the said county clerk's oflSce
a new or further map and order conforming in all respects to
the requirements of this section, together with a notice, signed
by the president and secretary of said board, that the said map
and order then on file have been amended, and thereupon the
said new and further map and order shall have the force and
effect of the map and order so amended, and the map and order
last named shall be deemed withdrawn, except so far as they
relate to proceedings and acts already had and done. When-
ever said board of public works shall deem it necessary to
take, detain or divert any additional lands, streams or water,
or rights therein, it shall make, or cause to be made, and filed
a like map and order, in the same place, and authenticated in
the same manner as is required in taking like property or rights
in the first instance, showing and describing such additional
lands, streams or water, and the rights, title and interest there-
in, intended to be taken; at any time within one year after the
filing of any such map and order or amended map and order,
said board of public works may take possession of such lands,
streams or water, or of the right, title or interest therein in-
tended to be taken, as specified in said order or amended order,
or of any part thereof, and use the same for the purposes of
such improvement, without any suit or proceedings at law; pro-
vided, however, that within the time last aforesaid said board
shall, if it does not agree with the owner or owners thereof as
to the compensation to be paid therefor, commence proceedings
as provided in the next section, to acquire such title; and the
credit of the city, for the benefit of which said improvement is
undertaken, shall be, and hereby is, pledged for the payment of
the compensation for the property so taken.

§ 17. Same; condenmation proceedings. — Whenever any such
board of public works is unable to acquire by agreement any
lands, streams, water or other propert}-, or the right, title or
interest, if any, less than a fee in land, or the right to use and

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 281

divert any water or streams required or deemed necessary for
the purposes of supplying said city or its inhabitants with water,
or extending its system of water-works or supply of water, it
shall have the power to acquire the same in the manner and by
the proceedings prescribed in the following subdivisions:

1. Said board of public works for the purpose of acquiring the
lands, streams, water, or other property, or right, title or interest
if any, less than a fee in land, or the right to use and divert any
water or streams, which may be deemed necessary by it, shall
present a petition to the supreme court at any special term
thereof held in the judicial district in which the property
described in the petition is situate, praying for the appointment
of commissioners of appraisal; such petition shall be signed and
verified by the president or a member of said board, and shall
describe the lands, water, streams or other property, and the
right, title or interest, if any, less than a fee in land, and the
right to use and divert any water or streams which said board
desires to acquire, and- shall give the names and places of resi-
dence of the owners and occupants thereof, so far as the same
are known to said board of public works, and must state in effect
that such board of public works has duly organized, and entered
upon the discharge of its duties, and that the right to appro-
priate, use and occupy the lands, streams or water or other prop-
erty, or the right, title or interest therein mentioned and de-
scribed in said petition is necessary for the purposes of the pro-
posed improvement, and that such board of public works has not
been able to acquire the lands, streams, water or other property,
or the right, title or interest therein, required from the owner or
owners thereof, or to agree with them in respect to the compensa-
tion to be paid therefor, and the reason of such inability. A copy
of such petition with notice of the time and place the same will
be presented to said court must be served on all owners and
occupants of said lands, streams, water or other property, or the
right, title or interest therein required, at least ten days prior to
the presentation to said court of said petition.

2. If the person on whom such service is to be made resides in
this state, and is not an infant, idiot, or person of unsound mind,
and the place of such residence is known to said board of public
works, such service shall be made personally or by leaving the

282 LAWS OF NEW YORK. [Chap.

same at the usual place of residence of the person to be served
with some person of suitable age.

3. If the person on whom such service is to be made resides
out of the state, and has an agent residing in this state, known
to said board of public works, and authorized to contract for
the sale of such property so to be acquired, such service may
be made on such agent in the manner prescribed by subdivision
two, or in such other mode as the court may direct.

4. In all cases not herein provided for, service of notices,
orders, and other papers in such proceedings may be made as
such court or any judge thereof shall direct.

5. On presenting such petition to said court with proof of
service of the same and of such notice as hereinbefore provided,
all persons so served, and all whom the court may permit to
intervene, may show cause against granting the prayer of the
petition and may disprove any of the facts alleged in it. The
court shall hear the proofs and allegations of the parties, and if no
sufficient cause is shown against it, an order shall be made ap-
pointing three disinterested and competent persons, who reside
in the county where such property or some part thereof is
situate, and who shall be freeholders, as commissioners, to
ascertain and appraise the compensation to be made to the
owner or owners of the lands, streams, water or other property,
or the right, title or interest therein sought to be acquired, and
fix the time and place for the first meeting of such commission-
ers of appraisal.

6. The commissioners of appraisal shall take and subscribe an
oath substantially as prescribed by article thirteen of the con-
stitution of the state. They shall have power to call witnesses,
examine them, and to adjourn the proceedings from time to time
in their discretion. Whenever they meet, except by appoint-
ment of the court or pursuant to adjournment, they shall cause
reasonable notice of such meeting to be given to the parties
who have appeared on such appraisal or to their attorney. Any
one of said commissioners may issue subpoenas for and ad-
minister the usual oath to the witnesses. They shall view the
lands, streams, water or other property described in the petition,
and hoar the proofs and allegations of the parties, and after the
testimony is closed, and without unnecessary delay, they shall
meet, ascertain and determine the compensation which ought

70.] ONE HU^T)RED AND TWENTY FIFTH SESSION. 283

JDstly to be made by the city to the party or parties owning
the lands, streams, water or other property, or the right, title
or interest therein, to be appraised by them; and in determining
the amonnt of snch compensation they shall not make any allow-
ance or deduction on account of any real or supjwsed benefits
which the owner or owners may derive from the proposed im-
provement. They, or the majority of them, shall also determine
and certify what ought to be paid to any special guardian of
any infant, idiot, or person of unsound mind, or to an attorney
appointed by the court to attend to the interests of any unknown
owner not personally served with notice of the proceedings, and
who has not appeared, for costs, expenses and counsel fees.
They shall make a report to the supreme court, signed by them,
or a majority of them, of the proceeding before them, and
transmit therewith the minutes of the testimony, if any. Said
commissioners of appraisal shall each be entitled to receive five
dollars for their expenses and services for each day they are
necessarily engaged in such duties, to be paid by the city.

7. On such report being made, the said board of public works
shall give ten days' notice in writing to the parties who have
appeared or to their attorneys, that at a special term of the
supreme court, at a time and place designated in said notice,
a motion will be made for the confirmation of said report, and
the court may thereupon confirm such report and make an order
reciting the substance of such proceedings and a description
of the lands, streams, water or other property, or any right, title
or interest therein which has been appraised in such proceed-
ing, and directing to whom such compensation is to be paid, op
where or in what manner it shall be deposited.

8. Such order or a certified copy thereof shall be filed and
recorded in the office of the clerk of the county in which such
property or some part thereof is situate, and thereupon and on
payment or deposit of the sums to be paid as compensation as
aforesaid^ and for costs, expenses, and counsel fees, the city
of North Tonawanda shall be entitled to hold and divert in
perpetuity said lands, streams, water or other property, or the
right, title or interest therein, so appraised for the purposes
contemplated herein, and all rights of action by reason of such
holding and diversion shall be forever barred. All lands,
streams, water or other property, or any right, title, or interest

284 LAWS OF NEW YORK. [Chap,

therein acquired for the purposes contemplated herein, shall bt'
deemed to be acquired for public use. Within twenty days
after the confirmation of the report of the commissioners of
appraisal, either party may appeal, by notice in writing to tho
other, from the appraisal and report of the commissioners of
appraisal to the appellate division of the supreme court held
in the department in which such property is situate. Such
appeal shall be brought on for argument, and be heard accord-
ing to the rules and practice of said court in similar proceedings.
On the hearing of such appeal, the court may affirm such report
or direct a new appraisal before the same op new commissioners
in it discretion, and the second hearing, determination and re-
port shall be made in like manner as the first. The second
report shall be final and conclusive upon all parties interested.
If the amount of compensation to be paid by said city is in-
creased by the second report, the difference shall be paid by said
city to the persons entitled to the same, or shall be deposited
as the court may direct. If the award has been paid and the
amount thereof shall be diminished, the difference shall be re-
funded by the party who has received the same, and judgment
therefore may be rendered by the court on the confirmation of
said second report against the parties liable to refund the same,
and in favor of the city, which judgment shall be docketed and
enforced in the same manner as judgments in civil actions.

9; If there are adverse and conflicting claims to the money
to be paid as compensation aforesaid, or any part thereof, the
court may direct the money to be paid into court, and may
determine who is entitled to the same and to whom the same
shall be paid, and may, in its discretion, order a reference to
ascertain and report the facts.

10. The court shall appoint some competent attorney to appear
for and protect the rights of any unknown owner or of &ny
owner whose residence is unknown, and who has not appeared
in such proceedings. The court may, also, upon application,
by or on behalf of any infant or person of unsound mind, who
as owner or owners are interested in the lands, streams, water
or other property, or the right, title or interest therein, to be
acquired, or in default of such application, then at the time of
the presentation of the petition, upon the application of the
board of public works, appoint some suitable person as special

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 285

gaardian of such infant or person of unsound mind, who shall
appear and care for the interests of such infant or person of
unsound mind. The court shall also have power at any time to
amend any defect in any proceeding authorized by this act; or
cause new parties to be added, or such further notice to be
given to any party as may be deemed proper; the court shall
also have the power to fill any vacancy in the office of com-
missioners of appraisal that may occur by death, refusal op
neglect to serve. During the pendency of any appeal or pro-
ceeding for review, the court may, in its discretion, direct a
stay of all proceedings for the collection of the award appealed
from or sought to be reviewed.

§ 18. Perfecting title; injunctions. — ^Whenever it shall be
found that the title to any such land, streams, water or other
property, or the right, title or interest herein, taken or occu-
pied and sought to be acquired by the said board of public
works for any of the purposes set forth in section seventeen of
this title is defective, said board may proceed to perfect sui;h
title in the same manner as if no appraisal had been made, and
the supreme court, or any judge thereof, may in the meantime,
on such terms as may be just, stay all actions or proceedings
against the said board of public works and said city, their
officers, servants and agents, on account of the use of the lands,
streams, water or other property, or the right, title or interest
therein, so used under such defective title.

§ 19. TTse of streets and highways; sale of water. — ^The board
of public works and all acting under its authority, shall have
the right to use the ground or soil under any street or highway
in the city or any highway or road within the county of Niagara
for the purpose of introducing water into and through any and
all portions of said city, and such rights shall be continuous
for the purpose of repairing and relaying water pipes. Said
board shall cause the surface of such highway to be restored
to its usual condition. Said board of public works may sell
to a corporation or individual outside of the city, the right
to make connections with the mains for the purpose of drawing
water therefrom, and fix the prices and conditions therefor;
but the board shall not sell or permit the use of water under
this section, if thereby the supply for the city or its inhabitants
will be insufficient.

286 LAWS OF NEW YORK. [Chap.

§ 20. Water rents. — The board of public works shall establish
a scale of rents for the use of water, to be called " water
rents," and to be paid at such times as the board may prescribes
and may from time to time either modify, amend, increase or
diminish such rents; such rents shall be a lien on the real prop
erty upon which the water is used.

§ 21. Connecting pipes. — Supply pipes connecting with mains
and used by private owners or occupants shall be laid and kept
in repair at the expense of such owner or occupant. Such pipes
shall not be inserted or connected with the main pipe except
by the permission and under the direction of the board of pub-
lic works; nor until a permit therefor shall be obtained from
said board or some person authorized by said board to grant
such permit. Said board of public works or its authorized
superintendent or agent may at any time enter a building or
upon premises where water is used from supply pipes, and make
necessary examinations.

§ 22. Assessment for fire protection. — ^A building and the lot
upon which it stands, in or on which water from the water works
is not used, situated within five hundred feet of a hydrant, may
be assessed by the board of public works for fire protection.
Notice of the proposed assessment, and that the board will meet
at a time and place specified therein to hear objections thereto
must be served upon the owner or occupant of the building at
least ten days before such meeting. The board shall meet at
the time and place specified in the notice, and after hearing ob-
jections shall complete such assessment. Upon the completion
of the assessment, the board shall make a certificate thereto
and deliver the same to the city treasurer. The city treasurer
may receive such assessments for thirty days without fee; after
that time an action may be brought to recover the assessment,
or a special warrant may be issued therefor, or the amount may
be included in the next annual tax levy.

§ 23. Water rents; how applied. — The entire annual receipts
for water rents after deducting therefrom such sums as may be
necessary to defray the expenses of repairs of said water works,
and of extending the same, and other necessary exx)enses, shall
be applied toward the payment of the interest on the outstand-
ing water bonds, or other evidences of indebtedness incurred for
the water system, and also toward the creation of a sinking:

70.] ONE JHUNDRED AND TWEKTY-FIFTn SESSION. 287

fund for the payment of the priticipal of said bonds as it shall
from time to time become due and payable, which sinking fund
shall be managed by said board of public works. No invest-
ments shall be made in behalf of such sinking fund, except in the
bonds of the United States, of the state of New York, or of any
city of this state, and in the bonds, certificates or other obliga-
tions heretofore or hereafter issued for the purchase, construc-
tion or extension of the water works system of the village or
city of North Tonawanda, which last named bonds, certificates
and obligations the board of public works may purchase at any
time when it shall have funds applicable, at prices not exceed-
ing their par value, and when so purchased said bonds, certifi-
cates and obligations shall not be reissued but shall be immedi-
ately canceled.

§ 24. Board may sue and defend. — ^The board of public works
may sue, complain or defend in any court, in the name of the
city, in any action to enforce any contract with said board, or
to enforce any claim for damages, water rents, labor or supplies
connected with the building or carrying on of the water works,
by said board. The complaint or answer of the city in such
actions shall be verified by the oath of some member of the
board. The complaint in actions against the city in such cases
shall be served on the board of public works, whose duty it
shall be to defend in the name of the city. The damages and
costs recovered by the city in such actions shall be paid to
the city treasurer, to the credit of the water fund. The dam-
ages and costs against the city in such actions may be paid by
the city treasui-er from any funds in his hands not otherwise
appropriated. The foregoing provisions of this section shall
not apply to any actions now pending in the courts. All judg-
ments against said board of public works, and judgments against
any of the members thereof, where the transactions upon which
the action was brought shall have been in the performance of
their duties as such board of public works, shall not be en-
forced against the individual property of any of such members,
but such claims on which such judgments shall have been ob-
tained may be prosecuted against the city as provided by law,

§ 25. Board to establish rules and regnilations for enforcing
water rents. — The said board of public works shall have power
from time to time, to make and establish such by-laws, rules and

288 LAWS OP NEW YORK. . [Chap.

regulations, not inconsistent with the laws of this state or of
the United States, as if shall judge proper for enforcing the col-
lection of water rents and manner of using water, and may pro-
vide regulations as to the use of water, and enforce the observ-
ance thereof by cutting off the use and supply of water, or by
the imposition of penalties.

§ 26. Annual report. — On the first day of May in each year the
board of public works shall file with the city clerk a report con-
taining a statement of the following facts:

1. The amount of money on hand at the beginning of the pre-
ceding fiscal year, and the receipts from all sources during such
year.

2. An itemized statement of the amount paid out during such
year, and the balance op hand.

3. The improvements and extensions made during such pre-
ceding year, and the general condition of the water works.

4. Such other facts as the board deems important for the
information of the city, together with such recommendations
concerning the department as may be deemed proper.

§ 27. Tax for deficiency to pay interest. — In case the estimated
amount of the entire annual receipts for water rents after
deducting therefrom such sums as may be necessary to defray
the expenses of repairs of said water works, and of extending
the same, and other necessary expenses shall in any year not
be sufficient to pay the interest for that year upon the outstand-
ing bonds or indebtedness for that year, said board of public
works shall report the amount of such deficiency to the com-
mon council, which shall cause such amount to be assessed, levied
and collected from the taxable property of said city at the time
and in the same manner as other expenses of said city are
assessed, levied and collected, which sum so raised shall be
applied to the payment of such interest.

§ 47. The heading of title twenty-two of said act, immediately
after the words, "Title twenty-two; fire department/' is hereby
amended to read as follows:

Section 1. How constituted.
2. Fire department.
8. Powers and duties.
4. Control of property.
6. Annual estimate and report

70.] OXE HUNDRED AND TWENTY-FIFTH SESSION. 289

Section 48. Section one of title twenty-two of said act is
hereby amended to read as follows:

§ 1. How constituted. — The board of fire commissioners of the
city shall be composed of the fire commissioners, who shall
receive no compensation for their services. The board shall
elect one of its members as its president, who shall be its pre-
siding officer, and one of its members as its secretary.

§ 49. Said title twenty-two is hereby further amended by add-
ing thereto new sections, to be known as sections two, three,
four and five, to read as follows:

§ 2. Rrc department.— There shall be a fire department in
such city, to consist of a chief engineer, a first assistant engi-
neer and a second assistant engineer, who shall hold office for
one year, and until their successors are appointed, and a compe-
tent number of able-bodied men, citizens of the United States,
inhabitants of said city, to be organized into companies with the
approval of the fire commissioners. Vacancies in any company
shall be filled by the board of fire commissioners upon the nomi-
nation of the company.

§ 3. Powers and duties. — The said board shall appoint the
chief engineer, first assistant engineer and second assistant
engineer, and members of the fire department within the city
and may remove any person so appointed, after notice and an
opportunity to be heard in his defense, in person or by counseL
The said board shall allow the chief engineer an annual salary
of not exceeding two hundred and fifty dollars, as a compensation
for his services. Said board may also allow the first assistant
engineer an annual salary of not exceeding fifty dollars for his
services. Said board shall establish rules, regulations and ordi-
nances for the protection, and preservation of property and
apparatus of the department, for the prevention of danger from
fires, for the appointment, discharge and dismissal of officers
or members, for the hearing and trial of complaints, the settle-
ment of disputes, and for the government and discipline of the
fire department, and may impose reasonable penalties for a vio-
lation thereof. It may inquire into the cause and origin of
fires occurring in the city, and may take testimony in relation
thereto. It may prescribe the powers and duties of the chief
engineer, the first assistant engineer, and second assistant engi-

290 LAWS OF NEW YORK. [Chap.

ncer, and of the city fir/men, and shall have power to disband
or consolidate companies in its discretion.

§ 4. Control of property. — The said board shall have the care,
custody and control of all property now owned or hereafter
acquired by the city, in the possession of the fire department.
It may purchase fire engines, hose, hose-carts, horses, tools^
implements, and apparatus suitable and necessary to prevent and
extinguish fires within the city, and to keep the same in good
repair,

§ 5. Annual estimate and report. — The said board shall before
the first day of January in each year, prepare an estimate of the
cost of maintaining the fire department for the ensuing year,
and certify the same to the common council, and the amount
fixed by the common council shall be included in the annua)
tax levy for the current year. Each annual estimate shall in-
clude any surplus of the previous year fire department fund
unexpended. Said board shall report to the common council
annually, a detailed statement of all moneys received and dis-
bursed by them.

§ 50. Section one of title twenty-four of said act is hereby
amended to read as follows:

§ 1. How constituted. — The board of health shall be con-
stituted in such manner, possess such power and authority, and
perform such duties as shall be prescribed by law. It shall have
power to make provision whereby all garbage, ashes and other
refuse of the citizens within prescribed limits shall be gathered
and removed. It shall designate a district in the populous
portion of the city within which it will gather and remove all
garbage, ashes, or other refuse, and may, from time to time^
increase or decrease the limits of said district, or it may require
every occupant of any house, store, apartment or room, to place
garbage, ashes or other refuse where the same may be readily
gathered for removal under such reasonable rules and regula-
tions as the said department may adopt.

§ 51. Section seven of title twenty-five of said act is hereby
amended to read as follows:

§ 7. Sewer and water connections. — The board of public works
shall also, at any time before any such pavement is laid in front
of any lot or parcel of land, cause service water pipes to be laid
in front of such lot or parcel of land fronting on such street.

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 291

alley, public place or portion thereof, in such manner and at such
distances apart as it may deem necessary; it shall by resolution,
require the owners or occupants of such lots or parcels of land
fronting on any street, alley or public place, or portion thereof,
which the common council have directed to be paved, to cause
to be made connections with the sewer in front of such lot or
parcel of land, fronting on such street, alley, public place or
portion thereof, within such time, in such manner, with such
kind and quality of materials, and such distances apart, as said
board of public works may deem necessary. The board of public
works shall thereupon cause a copy of such resolution to be pub-
lished once a week for two weeks in the official newspaper of the
city, and shall cause a copy thereof to be served personally upon
the reputed owner or owners, occupant or occupants of each of
said lots or parcels of land, and in case any such owner or
owners, occupant or occupants shall neglect or refuse to cause
such connections to be made in the manner, at such distances
apart, and within the time and of such materials specified in
said resolution, then the said board of public works may cause
said connections to be made, and the cost and expense of mak-
ing such connections in front of each lot or parcel of land shall
be by them assessed upon such lot or parcel of land in the man-
ner as hereafter provided.

§ 52. Section eight of title twenty-five of said act is hereby
amended to read as follows:

§ 8. Gas connections. — Before any pavement is laid in any
street, alley or public place in said city, the board of public
works shall also give notice in writing to any and all
gas companies having mains already laid in any street,
alley or public place, or in any part thereof, which the
common council have directed to be paved, to lay their respec-
tive service pipes in such street, alley or public place, in such
manner and at such distances apart as the board of public
works may require; and in case any such company or companies
shall neglect or refuse to comply with such notice within such
reasonable time as may be required by the board of public
works, the board of public works may cause such service pipes
to be laid, and the expense thereof shall be by them audited,
and when audited, shall become and be a lien upon all property
and franchises of said company or companies situate within the

292 LAWS OP NEW YORK. [Chap.

said city, from the time the improvement shall have been
ordered, which lien may be enforced by an action at law against
said company or companies for the recovery of the amount of
such expense, with the costs of the action, and by the sale of
the property upon any execution which may be issued upon a
judgment recovered therefor.

§ 53. Section ten of title twenty-five of said act is hereby
amended to read as follows:

§ 10. Sewer and water assessments. — ^W^hen sewers and ser-
vice water pipes shall have been made or completed by the city,
in accordance with the provisions of this title, the actual ex-
pense of such additional improvement shall be assessed by the
board of public works upon the lots or parcels of land, respect-
ively, in front of which such improvements shall have been made,
in the name of the reputed owner or owners, occupant or occu-
pants thereof, and shall be added to and included in the assess-
ment against such lot or parcel of land for the paving of said
street, alley or public place.

§ 54. Section eleven of title twenty-five of said act is hereby
amended to read as follows:

§ 11. lien of assessment. — ^The assessment authorized by this
title shall, without unnecessary delay, be subjected to review
in all respects as city assessments are subjected to review. If
the proper notices are given as required by law, and no objec-
tions are made, the assessment-roll shall become and be final
and conclusive by the acquiescence of the parties concerned.
All objection which may be made pursuant to said notices, the
said board of public works shall consider and determine upon,
and may afiirm or reverse said roll, or amend the same, or
correct any error therein, or annul the same, and proceed anew,
and when said board of public works shall have confirmed said
assessment-roll it shall become and be final and conclusive upon
all parties concerned. When such assessment-roll shall have
become confirmed or final as aforesaid, it shall be delivered to
the city treasurer, and the sums therein assessed upon the
several parcels of land therein specified, together with the in-
terest thereon, as it accrues, shall become and be a lien and
charge upon the said lots or parcels of land respectively, from
the time such improvement shall have been ordered, superior to
all other liens, rights, titles, or estate therein. In case any
assessment shall remain unpaid on account of any irregularity,

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 293

omission or error in any assessment authorized in this act, or
the laws in force when such tax was levied, or in case of error
in the description of lands, or in the description of the owner or
occupants, the board of public works may, in its discretion, or
upon the application of any person interested, proceed to
correct such irregularity, omission, or error, or cancel, remit,
or commute such tax or cause the amount so unpaid to be reas-
sessed on the property, the assessment against which remains
unpaid, or upon the owner or occupant thereof; and the board
of public works are hereby authorized and empowered to make
such reassessments, upon giving three weeks personal written
notice thereof, to the owner, agent or occupant of the property
against which the amount remains so unpaid. They may direct
the city treasurer to correct any irregularity, omission or error,
and such reassessment or correction shall have the same affect
as if said assessment had been properly made.

§ 55. Section thirteen of title twenty-five is hereby amended
to read as follows:

§ 13. Sale of lands for unpaid assessment. — When default shall
be made in payment of any, or any part of any of the assess-
ments made as herein provided, or heretofore made in said city,
after the same shall have become due, the city treasurer shall
cause to be advertised the lot or parcel of land, from which the
same is payable, for sale, and sell the same at public auction
without credit, to the highest bidder. He shall thereupon, on
receiving the amount of the total tax or assessment, interest,
fees and expenses of sale, make and deliver to such bidder a
certificate describing the lands sold, and the amount bid, and
^he sum paid thereon, and that at the expiration of one year
from the day of sale the bidder, or his assigns, shall be en-
titled to a conveyance of the lands sold or to have his
money returned with ten per centum interest thereon,
upon the payment of the remainder of the bid, if the bid be
more than the sum paid as aforesaid. During said year any
person interested in such lands so sold may redeem the same
from the sale by paying to the city the full amount of the
assessment against said lands and interest as aforesaid, and
all costs, fees and expenses of the sale, the interest to be com-
puted to one year from the day of sale. If the lands are not
redeemed within a year, the city treasurer shall cause to be
made a conveyance of such parcel of land, in fee simple, to

294 LAWS OP NEW YORK. [Chap.

the purchaser at such sale, in the name of the city, the same
to be executed in the same manner as other city conveyances
are directed by law to be made; and thereupon the city shall
be bound to the grantee and his successors in title as grantor
of said lands with implied covenants of warranty and seizin.
Such deed shall briefly recite the proceedings in ordering the
improvement, and the making of such assessment, and shall be
conclusive evidence that the proceedings were regular and
valid. The city treasurer shall cause to be given public notice
of the sale by publication of the notice, containing a descrip-
tion of the lands to be sold, a reference to the making of the
local assessment and the default in the payment thereof, and
specifying the time and place of sale, in a newspaper published
in said city at least once in each of the six weeks immediately
preceding the day of sale, and by posting such notice of sale
in at least three public places in said city, one of which shall
be upon the lot or parcel of land to be sold, at least forty-two
days before the day of sale.

§ 56. Section sixteen of title twenty-five of said act is hereby
amended to read as follows:

§ 16. Application of certain provisions of act. — The pro-
visions of this title shall apply to all former assessments here-
tofore made or levied by the village of North Tonawanda
under any former act relating to the paving of streets, and
to all collections and sales thereunder, and except as otherwise
expressly provided by this title, the provisions of title nineteen
of this act shall apply to all such assessments thereunder made
after this act takes effect.

§ 57. Section nine of title twenty-seven of said act is hereby
amended to read as follows:

§ 9. The civil and fiscal year. — The civil and fiscal year, under
the provisions of this act, shall commence on the first day of
January in each and every year.

§ 58. Section ten of title twenty-seven of said act is hereby
amended to read as follows:

§ 10. City officers authorized to administer oaths. — Each
mayor, clerk, city judge, treasurer and commissioner of deeds
of the city shall have the same power and authority to admin-
ister oaths and take and certify affidavits as a justice of the
peace of the city.

70.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 295

§ 59. Said title twenty-seven of said act is hereby further
amended by adding thereto a new section to be known as sec-
tion fifteen and to read as follows:

§ 15. Removal of snow and ice from sidewalks. — Every owner
or occupant of any village lot or parcel of land adjoining any
street or public place in the city of North Tonawanda, along
or across which there shall be a sidewalk, shall before nine
o'clock in the morning of each day, remove or cause to be re-
moved, any enow and ice which may have fallen or accumulated
on such sidewalk in front of or along any such lot, land or
premises; and in case of neglect or refusal so to do, the city
superintendent of public works may forthwith remove the same,.
and the expense thereof shall be a lien upon said premises.
The city superintendent of public works shall then give notice
of the expense of such work to the owner requiring the pay-
ment thereof to the city treasurer within ten days after the
service of such notice. Written notice thereof shall be served
upon the owner personally, or inclosed in a postpaid wrapper
and deposited in the post office addressed to such owner at his
last known post office address. If such expense be not paid to
the city treasurer within the time prescribed therefor, the city
superintendent of public works shall, on or before the first day
of April in each year, unless such expense has been paid, file
his affidavit of such expense with the city clerk who shall de-
liver the same to the assessors on or before the first day of
June in each year, and the same, together with interest thereon
at the rate of twelve per centum per annum from the date of
filing such affidavit added thereto, shall thereupon be assessed
by the assessors upon the premises in front of or along which
such sidewalk is situated, at the same time as the annual tax
assessment is made by the said assessors, and included in said
annual tax assessment roll and collected in the same manner
as the city taxes are collected, with interest thereon ai the
rate of twelve per centum per annum from the date of such
assessment.

§ 60. Subdivision one of section one of title eighteen of said
act is hereby amended to read as follows:

1. For the principal and interest of the bonded municipal
debt the sum actually falling due within the ensuing year,

§ 61. This act shall take effect immediately.

296 LAWS OF NEW YORK. [Chap.

Ctiap. 71.

AN ACT to amend the forest, fish and game law in relation to

traps and light for the taking of deer.

Became a law, February 28, 1002, with the approval of the GoTernor.

Passed, three-fifths being present.

The People of the State of New To}% represented in Senate and
Assembly, do enact as follows:

amuided. Section 1. Section six of chapter twenty of the laws of nine-
teen hundred, entitled "An act for the protection of forests,
fish and game of the state, constituting chapter thirty-one of
the general laws," is hereby amended to read as follows:

§ 6. Traps and lights. — No traps, salt lick, or other device to
entrap or entice deer shall be made, set or used, nor shall deer
be taken by aid or use thereof. No jack light or other artificial
light shall be used in taking deer.

§ 2. This act shall take effect immediately.

Ctiap. 72.

AN ACT to provide for the payment and assessment of certain
improvement in the village of Frankfort.

Became a law, February 28, 1902, with the approval of the Governor.

Passed, a nuajority being present.

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

Section 1. Within four months after this act takes effect, the
board of trustees of the village of Frankfort may, at any regu-
lar meeting or special meeting thereof regularly called, by roso-
Det«RBina- lutlou fix and determine the total cost to said village of the

tloa of cost

ofjmproTe- widening of East Main street in said village, from Litchfield
street in said village to the eastern boundary of said village,
which cost shall not exceed the sum of nine thousand dollars,
and direct the assessment of the cost so determined upon the
property, real and personal, assessable in said village. Said as-
sessment may, by such or subsequent resolution duly adopted
by said board, be made payable in annual installments not to
exceed ten, with interest, at a rate not to exceed six per centum,
to be fixed in such resolution; and the amount of such annual
installment or assessment, including such interest, as the same

73.1 ONE HUNDRED AND TWENTY-FIFTH SESSION. 297

shall be so fixed by the trustees, shall be added to and included
in the annual budget of expenses for that year, and levied and
raised as a part of the general tax of that year.
§ 2. The board of trustees of said village of Frankfort are iwaeofoe^

w *=* tlAcaten of

hereby empowered to issue certificates of indebtedness in an- 15^**^^*^"
ticipation of the assessments made under this act, said certifi-
cates of indebtedness to bear interest at a rate not to exceed
six per centum per annum, and to be fixed by the resolution men- interest.
tioned in section one herein.

§ 3. No assessment or tax hereafter assessed, made, or levied,
nor any issue of certificates of indebtedness made under and by
virtue of this act, shall be, in any manner impaired or rendered
illegal, invalid or uncollectible because of any omission, default
or irregularity, preceding, attending or subsequent to the widen-
ing of said street:

§ 4. This act shall take effect immediately.

Ctiap. 73.

AN ACT relating to rural cemetery associations, in counties of

the state having a certain population.

Became a law, February 28, 1902, with the approval of the Governor.

Passed, three-fifths being present

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

Section 1. It shall not be lawful for any rural cemetery cor-
poration to hereafter acquire or take by deed, devise or oth(T-
wise, any land in any county within the state of New York,
having a population of between one hundred and seventy-five
thousand and two hundred thousand, according to the federal
census of nineteen hundred, or set apart any ground for ceme-
tery purposes therein, where there has already been set apart
in any such county, five hundred acres of land for rural ceme-
tery purposes, and the consent of the board of supervisors of
any such county shall not be granted where there has already
been granted five hundred acres of land, or upwards, within
such county, to rural cemetery corporations.

§ 2. But nothing herein contained shall affect any lawful con-
sent or grant hitherto made by the board of supervisors of any
such county.

298 LAWS OF NEW YORK. [Chap.

§ 3. All acts, or parts of acts, inconsistent with this act, are
hereby repealed.
§ 4. This act shall take effect immediately.

Ctiap. 74.

AN ACT to release and confirm to the Hudson iron company,
its successors, grantees and assigns, the title of the people
of the state of New York, of, in and to certain lands under
the waters of the Hudson river, in the South bay in the city
of Hudson, Columbia county. New York, and to repeal sec-
tion five, of chapter one hundred and ninety-five of the laws
of eighteen hundred and fifty-five, entitled "xVn act to release
and confirm the title to certain lands under water in the
South bay in the city of Hudson, in the several corporations
and persons therein named " and to repeal chapter one hun-
dred and sixty-seven of the laws of eighteen hundred and
sixty-one, entitled "An act to amend an act passed April nine,
eighteen hundred and fifty-five, and entitled *An act to release
and confirm the title to certain lands under water in the South
bay in the city of Hudson, in the several corporations and
persons therein named and for other purposes.' "

Became a law, March 4, 1902, with the approval of the Governor. Passed*

by a two-thirds vote.

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

Section 1. All the right, title and interest of the people of th(
Lands state of Ncw York, in and to the lands under the waters of the

under

JJJ^*^®* Hudson river in the South bay, in the city of Hudson, Columbia
count3% New York, released and confirmed to the Hudson iron
company, by chapter one hundred and ninety-five of the laws of
eighteen hundred and fifty-five, together with any and all ease-
ments and reservations, reserved to the people of the state of
New York, by section five of said chapter one hundred and
ninety-five of the laws of eighteen hundred and fifty-five, as
altered and amended by chapter one hundred and sixty-seven of
the laws of eighteen hundred and sixty-one, are hereby released
and confirmed to the Hudson iron company^ its successors,
grantees and assigns.

75.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 299

§ 2. Section five of chapter one hundred and ninety-five of the
laws of eighteen hundred and fifty-five, entitled "An act to
release and eonfirni the title to certain lands under water in the
South bay in the city of Hudson, in the several corporations and
persons therein named,'' and chapter one hundred and sixty-
seven of the laws of eighteen hundred and sixty-one, entitled
"An act to amend an act passed April nine, eighteen hundred re^'^ed.
and fifty-five, entitled 'An act to release and confirm the title to
certain lands under water in the South bay in the city of Hud-
son in the several corporations and persons therein named and
for other purposes,' " are hereby repealed.

§ 3. This act shall take effect immediately.

AN ACT to amend the highway law, relative to the inspection
of highways by commissioners of highways, and the reports
of such commissioners and of the overseers of highways.

Became a law, March 4, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Subdivision one of section four of chapter five hun-
dred and sixty-eight of the laws of eighteen hundred and ninety,
entitled "An act in relation to highways, constituting chapter
nineteen of the general laws," as amended by chapter four hun-
dred and thirty-seven of the laws of nineteen hundred and one,
is hereby amended to read as follows:

1. Cause such highways and bridges to be kept in repair, and
give the necessary directions therefor, and shall inspect the high-
ways and bridges in each highway district between the first and
fifteenth day of September in each year, or at such other time
as the board of supervisors by resolution may prescribe. If it
appears to him upon such inspection that the labor assessed in
any highway district has not been entirely performed therein,
he shall transmit a statement to the supervisor of his town con-
taining the number of days' labor which in his opinion have
not been performed in such district, and a list of all persons
and corporations owning property therein, and the number of

300 LAWS OF NEW YORK, [Chap.

days of labor still to be performed by such persons and corpora-
tions. A notice of the transmission of soch statement and of
the day and place where the persons assessed for highway labor
in such district may be heard before such supervisor, shall be
posted in at least three conspicuous places in the road district
affected by such statement. On the day and at the place
specified in such notice, the supervisor shall hear all persons
interested in the performance of labor on the highways in such
district. After such hearing, the supervisor shall correct such
list in accordance with the testimony and facts as they appear
to him and shall make a return thereof to the board of super-
visors in the same manner as unpaid taxes and unperformed
labor are returned by the town board to the board of super-
visors. The board of supervisors at its annual meeting in each
year, shall cause the amount of the arrearages for highway
labor contained in such lists, estimating each day's labor at one
dollar and fifty cents a day, to be collected from the property
of the person or corporation specified in such list, in the same
manner as arrearages for unperformed labor.

§ 2. Section sixty-six of such act as amended by chapter three
hundred and fifty of the laws of eighteen hundred and ninety-
eight, and chapter four hundred and thirty-seven of the laws of
nineteen hundred and one, is hereby amended to read as follows :

§ 66. Assessment for unperformed labor. — Every overseer of
highways shall on or before September first of each year, or at
such other time as the board of supervisors may by resolution
prescribe, make out and deliver to the commissioner of high-
ways of his town, a list of all persons and corporations who
have not worked out, or commuted for their highway assess-
ment, with the number of days not worked or commuted for by
each, charging for each day in such a list, at the rate of one
dollar and fifty cents per day; and also a list of all the lands
of nonresidents and persons unknown, which were assessed on
his warrant by the commissioners of highways, or added by him,
on which the labor assessed has not been performed or com-
muted for, and the number of days' labor unpaid by each, charg-
ing for the same at the rate of one dollar and fifty cents per
day, which list shall be accompanied by the affidavit of the
overseer, that he has given the notice required, to appear and
work, and that the labor specified in the list returned has not

76.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 801

been performed or commuted, and it shall be the duty of the
commissioner of highways to collect and present such lists to
the town board of his town at the meeting held on the Thurs-
day next preceding the annual meeting of the board of super-
viors. The town board shall certify the amount of unpaid taxes
so returned to them by the commissioner of highways to the
board of supervisors.

§ 3. This act shall take effect immediately.

AN ACT to amend chapter three hundred and ninety-four of the
laws of eighteen hundred and ninety-five, entitled "An act to
revise the charter of the city of Oswego ", and to authorize
the city of Oswego to purchase the water plant and the prop-
erty and righs pertaining thereto to furnish a supply of water,
from the Oswego water works company, and to issue bonds
therefor and to provide for payment of the same.

Passed without the acceptance of the city.

Became a law, March 4, 1002, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Chapter three hundred and ninety-four of the laws charter
of eighteen hundred and ninety-five is hereby amended by
adding after section fifty-seven a new section numbered section
flfty-seven-a, which shall read as follows:

§ 57-a. The city of Oswego is hereby fully authorized and em- Aothortgr
powered, acting by the mayor and city chamberlain thereof, to Jjilgj
purchase the water plant in said city now owned by the Oswego
water works company, and the property and rights pertaining
thereto to furnish a supply of water for said city, and its in-
habitants, from said Oswego water works company, and to pay
as the consideration for such purchase a sum not exceeding five lasuebondi.
hundred and fifty thousand dollars, and by its said mayor and
city chamberlain to issue its bonds to an amount not exceeding
said sum for the purpose of raising the money necessary there-
for, said bonds to be signed by said mayor and city chamberlain.
The term of payment of said bonds shall not exceed twenty

302 LAWS OF NEW YORK, [Chap.

years from the date of issue thereof, with interest thereon pay-
iBtarwt. able semi-annually at the rate of three and one-half per centum
per annum. Said bonds shall be made payable in twenty equal
annual payments of the principal with semi-annual interest as
aforesaid from the date of issue thereof. The common council
of said city shall provide a sinking fund, on the issuing of said
bonds, for their redemption, and as soon as said mayor and city
chamberlain shall certify to said body that said bonds are
tioSof^ ready to be issued, and the net revenues to the city of Oswego
revenues, fp^jj^ gg^j^ watcr worlcs shall each year be paid into and become
a part of such sinking fund, and be applied to the payment of
the principal and interest of said bonds. Said city of Oswego,
in addition to said net revenues, shaH raise annually such sum
as shall be necessary to make such annual payments of principal
and interest as aforesaid as the same become due. Said city in
addition to the power which it now possesses to raise money
SuseiJilney ^^^ ^^^ othcr purposcs by taxation, shall have power to raise
mJ^f by a general tax annually and it shall be the duty oS the com-
latorMt ' mon council of said city to levy and raise annually upon the real
and personal property assessed for taxation in said city, and
as a part of the general tax levy, such sum as may be necessary
to provide for the payment of said bonds and interest, as afore-
said, and the city chamberlain is hereby required to make said
payments of principal and interest on said bonds as the same
become due. Section five of the general municipal law shall
not apply to the issuance of said bonds.
§ 2. This act shall take effect immediately.

Chap. 77.

AN ACT to amend the forest, fish and game law, relative to a
license for non-residents for taking fish or game in this
state.

Became a law, March 4, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

i!^ended Scctiou 1. Scctiou eighty-uiue of chapter twenty of the laws
of nineteen hundred, entitled "An act for the protection of the

78.] o>;e hundred and twenty-fifth session. 303

forests, fish and game of the state, constituting chapter thirty-
one of the general laws " is hereby amended to read as follows:

§ 89. Non-residents. — On fresh water forming a part of the
state boundaries or through which the state boundary runs, no
non-resident of the state shall take any kind of fish or game in
that part thereof within this state unless residents of this state
may lawfully take the same kind of fish or game in such part of
said waters as are not within the state, during the open sea-
son therefor in the state or country in which such waters are
situated. If any license fee to take such fish or game in waters
not in this state, be required of a resident of this state a non-
resident may take the same kind of fish or game in such waters
within the state, if a license so to do shall have been first ob-
tained from the commissioner. Nor shall any non-resident not
the owner of real estate in this state and against whose real
estate there are no delinquent taxes, take fish or game in this
state except on a like license if there is any discrimination by
requiring a license or otherwise in the state or country where
such non-resident resides against residents of New York in tak-
ing fish or game in such state or country.

§ 2. This act shall take effect immediately.

Chap. 78.

AN ACT to amend chapter three hundred and twenty-six of the
laws of eighteen hundred and ninety-five, entitled "An act to
provide for the incorporation of associations for lending
money on personal property, and to forbid certain loans of
money, property or credit," relative to reports by sue?;
associations, et cetera.

Became a law, March 4, 1902, with the approval of the Governor. Passed,

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 chapter three hundred and twenty- Act
six of the laws of eighteen hundred and ninety-five, entitled
"An act to provide for the incorporatioij of associations for
lending money on personal property, and to forbid certain loans
of money, property or credit," as amended by chapter seven

amended

304 LAWS OF NEW YORK. [Chap.

hundred and six of the laws of eighteen hundred and ninety-five
and chapter two hundred and six of the laws of eighteen hun-
dred and ninety-six, ifi hereby amended to read as follows:
tto?of**'*' § 1. In any county of this state containing or which is con-
tion& tained in a city of more than twenty-five thousand inhabitants,
according to the last enumeration taken by the state, except
the counties of Monroe and Westchester, any five or more
persons may organize and become a corporation for the purpose
of aiding such persons as shall be deemed in need of pecuniary
assistance, by loans of money at interest, not exceeding two hun-
dred dollars to any one person, upon a pledge or mortgage of
personal property, by making, signing, acknowledging and filing
aSd*bI)?d^o a certificate in the form prescribed by the business corporation

b6 filed.

law. Before transacting any business the said corporation shall

execute and file a bond in an amount equal to one-tenth of its
capital stock, but not less than the sum of five thousand dollars,
with the superintendent of banks, to be approved by him, for the
faithful observance of all general provisions of law regulating
business corporations within the state of New York, and the pro-
visions of this act. Said bond shall be executed by a domestic
or foreign corporation authorized by the superintendent of insur-
ance to transact within this state the business of surety insur-
ance as surety. At the time of filing such bond such corpora*
tion shall also file with the superintendent of banks a certified
copy of its certificate of incorporation. Upon the filing of such
certified copy of the certificate of incorporation, and the filing
and approval of the bond hereinbefore provided for, the super-

LiccBM. intendent of banks shall issue to the corporation a license to
transact business under this act, which license shall terminate
on the thirty-first day of March in the following calendar year.
This act shall not apply to the counties of Monroe and
Westchester.

§ 2. Sections two, three, four and five of said chapter three
hundred and twenty-six are hereby amended to read respec-
tively, as follows:

boSr^*' °' § 2' ^^^^ bond shall be renewed and refiled annually, in Janu-
ary of each year, and shall be approved by the superintendent
of banks, and a new license issued on or before th^ first day of
March; or the corporation shall, within thirty days thereafter,
cease doing business and proceedings for a dissolution shall be

78.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 305

instituted by the attorney-general at the request of the super-
intendent of banks. Every such corporation shall also
in January of each year make a report for the previ- ^^"^;j*
ous calendar year to the superintendent of banks, giv-
ing such information as he shall require, which report shall
be verified by the oath of the president or secretary; and it ehall
make such other and further reports, under the like oath, as
the said superintendent ehall demand at any time. The super-
intendent of banks shall cause every such corporation to be ex-
amined at least once in each year, and may cause it to be ex- ^^JJJS^.
amined as often as he deems it necessary; and the examiners "®**-
appointed by him shall be given free access to all books, papers,
securities, and other sources of Information in respect to the said
corporation; for which examination a reasonable charge shall
be imposed by the superintendent and paid by the said corpora/-
tion within twenty days after notice of the charge shall have
been mailed to the corporation at the last address given by it.
If any such corporation shall knowingly violate any of the pro-
visions or restrictions of this act, the said bond shall be forfeited It^^^
and shall be collected by suit by the superintendent of banks,
in the name of the people of the state, which suit
shall be conducted by the attorney-general; and a re-
ward of two hundred and fifty dollars shall be paid by the Reward,
state to the person first giving information and furnishing legal
proof of such violation. Corporations organized under the pro-
visions of this act shall be subject to the supervision of the
superintendent of banks; and the general provisions relative to
the supervision of moneyed corporations contained in article one
of the banking law shall be applicable to them in so far as they
are not inconsistent with the provisions of this act. All ex-
penses incurred by the superintendent of banks in preparing and Expensetof
furnishing suitable blanks, stationery, and forms, in preparing '""^^■'
and keeping suitable records, for clerical service, and such other
expenses as may be incident to such supervision, shall be paid by
said corporations in such proportions as the superintendent may
deem just and reasonable. The expenses incurred and services
performed on account of any such corporation shall be charged
to and paid by the corporation for whom they were incurred or
performed. All moneys received by him in payment of such

806 LAWS OF NEW YORK. [Chap.

charges shall be deposited and paid by him into the treasury of
the state to reimburse all sums advanced from the treasury for
such expenses. If any such corporation shall fail to pay such
charges as herein required, including charges for examination,
the superintendent shall report to the attorney-general the fail-
ure of any such corporation to pay such charges, and the
attorney-general shall thereupon bring an action in the name
of the people for the recovery of such charges. All such
cbar»«to charges, including the charges made for examination, shall be a

be pre-

cfSm preferred claim against the assets of any such corporation upon
^SeSk its dissolution, or upon its making a general assignment for
the benefit of creditors. If it shall appear to the superintend-
ent of banks, from any examination or report, that the capital
stock of any such corporation is impaired; or that it has
violated its charter or any law of this state; or is conductini;
its business in an oppressive or unauthorized manner; or is by
payment of excessive salaries, excessive rents, or any other
means, attempting to evade the provisions of this act relative
to a reduction in the rate of interest which such a corporation
Order. may legally charge, he may, by an order made over his hand
and official seal, direct any such corporation to make good such
impairment of capital; or to discontinue the illegal, oppressive
or unauthorized methods and practices mentioned in said order;
or to discontinue the payment of the excessive salaries, rents,
or other expenses, by means of which an attempt to evade the
provisions of this act is apparent. If any such corporation shall
not comply with such order within twenty days after the same
shall have been mailed to the last address filed by such corpora-
tion in the banking department, the superintendent shall com-
municate the facts to the attorney-general, who shall thereupon
commence an action for the dissolution of the corporation; and
JSSiL*m-'°' the corporation shall upon proof of failure to comply with such^
wiJh*Srder. Order be dissolved and a permanent receiver therefor appointed.
General § 3. Everv such corporatiou shall have the general powers of

powers and a ^ ^ ^ m.

duttes. ^ business corporation, as provided by law, and shall be subject
to all the duties, obligations and restrictions of a business cor-
poration, so far as applicable thereto, and shall have the follow-
powewas ing additional powers: It shall be entitled to act as pawn-
broker, broker within such county, and shall be subject to and entitled
to all the benefits and provisions of the laws of the state, and

78.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 807

of all ordinances of the city in which it is located, concerning
pawnbrokers; except that it shall not be required to obtain a
license or file any bond other than that provided for in the first
section of this act. And it may lend money to such persons,
within such county, as shall be deemed by it in need of pecuniary
assistance, and may take as security for the payment of any
such loan either a pledge or a mortgage of any personal prop«
erty without the actual delivery to it of the property pledged
or mortgaged, together with other lawful securities. It shall
be entitled to charge and receive upon each loan made by it,^j;^'^on
without the actual delivery to it of the property pledged or ****"'•
mortgaged, which charge shall include all services of every
character, in connection with said loan, except upon the fore-
closure of the security, interest or discount at a rate
not exceeding two per centum per month. It may also JJSm^mg
charge for the first examination of the property to be ?£^"''
pledged or mortgaged, and for drawing and filing the
necessary papers, and for all other expenses, a sum not
exceeding two dollars if a loan of more than fifty dollars shall
actually be made, and a sum not exceeding one dollar if a loan
of fifty dollars, or less, shall actually be made; but no further
charge for examination of the property, or for drawing or
filing papers, or for any services or expenses, or upon any pre-
text whatsoever, beyond the said charge for interest or dis-
count, shall be made upon any renewal or extension of the loan,
or any transfer or change of the loan, or upon any other
occasion, within one year from the date of the original loan,
or of tener than once in each period of twelve months thereafter.
No loan greater than two hundred dollars shall be made under RMtricton
the authority of this section, nor shall any one person owe any
such corporation more than two hundred dollars for principal
at one time.

§ 4. No such corporation shall, in any year, declare or pay Dindend*.
dividends on its capital stock amounting to more than ten per
centum. The superintendent of banks upon ascertaining
that any such corporation has, during the previous cal-
endar year, made a net profit amounting to more than
ten per centum on its capital, shall have authority, after
ten days* notice to the corporation, to make an order reducing Jjf Jjj;*^^
the rates of interest, discount and charges which such corpora- i^JSii.""

308 LAWS OF NEW YORK. [Chap.

tion may lawfully charge or receive upon loans, to auch
sums as will, in his judgment, produce a net return of ten pep
centum on its capital stock. Any order made under this sec-
tion shall take effect at such time, not less than one
month after it is made, as the order shall name, and shall
remain in force until revoked. Except in the city of New
York, no such corporation shall make any loan in any other
county than that in which its principal business office is located,
nor take securities upon property located in any other county.
foMs'Sf § ^* ^° ^^J such county no person or corporation, other than

?ro'SSty or corporatious organized pursuant to this act, shall, directly or

ci edit* pro*

wbited. indirectly, charge or receive any interest, discount or
consideration greater than the legal rate of interest
upon the loan, use or forbearance of money, goods or
things in action less than two hundred dollars in
amount or value, or upon the loan, use or sale of personal
credit in any wise, where there is taken for such loan, use or
sale of personal credit any security upon any household furni-
ture, apparatus or appliances, sewing machine, plate or silver-
ware in actual use, tools or implements of trade, wearing
apparel or jewelry. The foregoing prohibition shall apply to
any person who, as security for any such loan, use or forbear-
ance of money, or for any such loan, use or sale of personal
credit as aforesaid, makes a pretended purchase of property
from any person and permits the owner or pledgor to retain
the possession thereof, or who, by any device or pretense of
charging for his services or otherwise, seeks to obtain a larger
compensation in any case hereinbefore provided for. Any per-
son, and the several officers of any corporation, who shall

^rChibiMon' ^^^^^^^ ^^^ forcgoing prohibition, shall be guilty of a misde-
meanor, and upon proof of such fact the debt shall be dis-

proYisoas charged and the security shall be void. But this section shall

lo appltca-

tioaofact. not apply to liccnscd pawnbrokers, making loans upon the
actual and permanent deposit of personal property as security;
nor shall this section affect in any way the validity or legality
of any loan of money or credit exceeding two hundred dollars
in amount.
§ 3. This act shall take effect immediately.

79.1 ONE HUNDRED AND TWENTY-FIFTH SESSION. 80fl

Chap. 79.

AN ACT to legalize the bonds of union free school district
number one of the town of Westfield, in the county of
Chautauqua.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and
Assemhli/y do enact as follows:

Section 1. The proceedings of the special district meeting, SS^tJ**'
held pursuant to the provisions of section ten of title eight of 55«r!ct
the consolidated school law, in union free school district number and board

' of educa-

one of the town of Westfield, in the county of Chautauqua, on {iji^^
the twenty-sixth day of April, nineteen hundred and one,
whereat a majority of the qualified voters of said district pres-
ent and voting, did authorize the levying of a tax of thirty-^ve
thousand dollars by installments upon the taxable property of
said district for the purpose of purchasing a site and erecting
a school building and boiler-house thereon, and purchasing a
boiler and heating apparatus, and the proceedings of the board
of education in advertising for bids and issuing the bonds of
said district in pursuance of said vote, are hereby legalized, rati-
fied and confirmed, notwithstanding any defect or irregularity
in the language, or the manner of taking the vote on the pas-
sage of the resolution directing said tax to be levied and col-
lected by installments, advertising for the sale of said bonds or
otherwise; and the bonds of said district, issued by the board of JbSjIuoill!
education thereof, in pursuance of said special district meeting
and the proceedings of said board, amounting to the sum of
thirty-five thousand dollars, being thirty-five in number for one
thousand dollars each, dated January first, nineteen hundred
and two; one bond to mature on January first, nineteen hundred
and ten and two bonds to mature on January first of each year
thereafter until the whole amount has been paid, with interest
at the rate of three and one-half per centum per annum, payable mtewtt,
semi-annually, are hereby declared to be valid and subsisting
obligations of said school district.

8 2. The board of education of said union free school district Tax for
number one, in the manner provided in article seven of title StSfiJ.**'*

310 LAWS OF NEW YORK. [CiiAr.

seven of the consolidated school law, shall cause sach taxes to
be levied and collected as may be necessary to pay the install-
ments and interest of said bonds as they shall become due, until
said bonds and the interest thereon are fully paid.
§ 3. This act shall take effect immediately.

Chap. SO.

AN ACT to amend the stock corporation law relative to reor-
ganization upon sale of corporate property.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

three-flfths being present.

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

Section 1. Section three of chapter five hundred and sixty-
four of the laws of eighteen hundred and ninety, entitled "An
act in relation to stock corporations, constituting chapter thirty-
eight of the general laws/' as amended by chapter six hundred
and eighty-eight of the laws of eighteen hundred and ninety-
two and by chapter three hundred and fifty-four of the laws of
nineteen hundred and one, is hereby amended to read as
follows:

§ 3. Beorganization upon sale of oorporate property and fran-
chises.— ^When the property and franchises of any domestic
stock corporation shall be sold by virtue of a mortgage
or deed of trust, duly executed by it, or pursuant to
the judgment or decree of a court of competent juris-
diction, or by virtue of any execution issued thereon, and
the purchaser, his assignee or grantee shall have acquired title
to the same in the manner prescribed by law, he may associ-
ate with him any number of persons, not less than the num-
ber required by law for an incorporation for similar purposes
at least two-thirds of whom shall be citizens of the United
States and one shall be a resident of this state, and they may
become a corporation and take and possess the property and
franchises thus sold, and which were at the time of the sale
possessed by the corporation whose property shall have been
8o sold, upon making and acknowledging and filing in the offices

80.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 311

where certificates of incorporation are required by law to be
filed, a certificate in which they shall describe by name and
reference to the law under which it was organized, the corpor-
ation whose property and franchises they have acquired and
the court by whose authority the sale had been made, with the
date of the judgment or decree authorizing or directing the
same, and a brief description of the property sold, and also
the following particulars:

1. The name of the new corporation intended to be formed
by the filing of such certificate; and the place where its prin-
cipal office is to be located.

2. The maximum amount of its capital stock and the num*
bep of shares into which it is to be divided, specifying the
classes thereof, whether common or preferred, and the amount
t)f, and rights pertaining to, each class.

3. The number of directors, not less nor more than the num-
ber required by law for the old corporation, who shall manage
the affairs of the new corporation, and the names and post-
office address of the directors for the first year.

They may insert in such certificate any provisions relating
to the new corporation, or its management, contained in any
plan or agreement which may have been entered into as pro-
vided in section four of this chapter. Such corporation shall
be vested with, and be 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, last owning
the property sold, or its receiver, and shall be subject to all
the provisions, duties and liabilities imposed by law on such
corporations. Any proceedings heretofore taken in substan*
tial compliance with this section as hereby amended and any
and all incorporations based thereon are hereby ratified and
confirmed.

§ 2. This act shall take effect immediately.

312 LAWS OF NEW YORK. [Chap.

Chap. 81.

AX ACT to amend chapter two hundred and twenty of the laws
of eighteen hundred and ninety-five, entitled "An act to enable
veterans to participate in the exercises of memorial day," by
extending its provisions to include veterans of the Spanish
war, or the insurrection in the Philippines.

Became a law» March 5» 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

•BMded. Section 1. Section one of chapter two hundred and twenty of
the laws of eiuhteen hundred and ninetv-flve entitled "An act
to enable veterans to participate in the exercises of memorial
day," as amended by chapter twenty-six of the laws of nineteen
hundred and one, is hereby amended to read as follows:
aSSi^to § ^' ^* shall be the duty of the head of every public depart-
d2£^^° ment and of every court of the state of New York, of every super-

<laj«

intendent or foreman on the public works of said state, of the
county officers of the several^ counties of said state, and of the
head of every department, bureau and office in the government
of the various cities and villages in this state, to give leave of
absence with pay for the twenty-four hours of the thirtieth
day of May, or such other day as may, according to law, be
observed as memorial day, to every person in the service of the
state, the county, the city or village, as the case may be, who
served in the army or the navy of the United States in the
war of the rebellion, or who served in the regular or volunteer
army or the navy or the marine corps of the United States dur-
ing the war with Spain or during the insurrection in the Philip-
pine islands, and who was honorably discharged from such serv-
RefusaL ice. A rofusal to give such leave of absence to one entitled
thereto shall be neglect of duty.
§ 2. This act shall take effect immediately.

83.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 313

AN ACT to amend the forest, fish and game law, relating to

fishing in Seneca lake.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

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 eighty of chapter twenty of the laws of Act
nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," is hereby amended to read as follows:

§ 80. Fishing in Seneca lake. — Nets or seines the meshes of
which shall be not less than two inch bar, may be used in
Seneca lake from May first to September fifteenth, both in-
clusive. Fish, except black bass, and except pickerel and pike
in April, may be taken with spears in said lake from April fiff
teenth to June fifteenth both inclusive.

§ 2. This act shall take effect immediately.

amended.

Chap. 83.

AN ACT to amend section two hundred and eighty-two of the
penal code, in relation to the penalty for the crime of ab-
duction.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Section two hundred and eighty-two of the penal amended.
code is hereby amended to read as follows:
§ 282. Abdnction in certain cases, defined. — ^A person who,
1. Takes, receives, employs, harbors or uses, or causes or pro«
cures to be taken, received, employed or harbored or used, a
female under the age of eighteen years, for the purpose of pros-
titution; or, not being her husband, for the purpose of sexual
intercourse; or without the consent of her father, mother, guard-

314 LAWS OF NEW YORK. [Chap»

ian or other person having legal charge of her person, for the
purpose of marriage; or,

2. Inveigles or entices an unmarried female, of previous chaste
character, into a house of ill-fame or of assignation, or else-
where, for the purpose of prostitution or sexual intercourse;
or,

3. Takes or detains a female unlav^fully against her will, with
the intent to compel her, by force, menace or duress, to marry
him, or to marry any other person, or to be defiled; or,

4. Being parent, guardian or other person having legal charge
of the person of a female under the age of eighteen years, con-
sents to her taking or detaining by any person for the purpose
of prostitution or sexual intercourse;

Is guilty of abduction and punishable by imprisonment for
not more than ten years, or by a fine of not more than one
thousand dollars, or by both.
Sk^^ff^t § 2. This act shall take effect September first, nineteen hun-
dred and twOb

Chap. 84.

AN ACT to amend section two hundred and sixty-flve of chapter
three hundred and seventy-eight of the laws of eighteen hun-
dred and ninety-seven, known as " the Greater New York char-
ter " as amended by chapter four hundred and sixty-six of the
laws of nineteen hundred and one, in relation to the expenses
of condemnation proceedings.

Accepted by the city.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

SienSd. Section 1. Section two hundred and sixty-five of chapter
three hundred and seventy-eight of the laws of eighteen hun-
dred and ninety-seven known as " The Greater New York char-
ter " as amended by chapter four hundred and sixty-six of the
laws of nineteen hundred and one is hereby amended so as to
read as follows:

Sa.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 315

§ 265. No bills of costs for fees of commissioners in and about
special proceedings instituted for the acquisition of tlie title
to lands required by the city of New York for public purposes,
shall, unless the same be payable by law from the fund for
street and park openings, be taxed by the supreme court prior
to the confirmation of the report of the commissioners appointed
in such proceeding.

§ 2. This act shall take effect immediately.

AN ACT to repeal chapter two hundred and sixty-three of the
laws of nineteen hundred, entitled "An act to create a public
improvement commission in and for the village of Waterford,
New York, and to define its powers and duties."

Became a law, March 5, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Chapter two hundred and sixty-three of the laws ^^^^^d.
of nineteen hundred, entitled "An act to create a public im-
provement commission in and for the village of Waterford, New
York, and to define its powers and duties," is hereby repealed* *

§ 2. This act shall take effect immediately.

Clnap. 86.

AN ACT to legalize and confirm certain acts of notaries public

Became a law, March 5, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. The acts of any notary public appointed for anyAotaof
county in the state, such notary having theretofore filed a cer- fJ^'Jl^
tificate, pursuant to section eighty-two of chapter six hundred S^SI^*
and eighty-three of the laws of eighteen hundred and ninety-
two, entitled "An act in relation to executive officers, consti-
tuting chapter nine of the general laws," as amended by chapter
two hundred and forty-eight of the laws of eighteen hundred

816 LAWS OF NEW YORK. [Chap.

and ninety-three, and chapter eighty-eight of the laws of eight-
een hundred and ninety-four and chapter six hundred and flf ty-
seven of the laws of nineteen hundred and one, with the clerk
of another county than that for which he was appointed, are
hereby validated and confirmed, notwithstanding the omission
to set forth in such certificate the fact of his qualification aa
such notary public.
§ 2. This act shall take effect immediately.

Chap. 87.

AN ACT repealing all laws and parts of laws dividing Oswego
county into two jury districts, and providing that jurors to
serve in any courts of record in that county shall be drawn as
provided by law.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New York^ represented m Senate and
Aisemhly, do enact as follows:

Section 1. Section three of chapter twenty-two of the laws of
eighteen hundred and sixteen is hereby repealed.

§ 2. All jurors, both grand and petit, to serve hereafter
in any of the courts of record of Oswego county shall be drawn
as provided by law.

§ 3. Courts of record in said county shall be held as hereto-
fore in each of the court houses of said county.

SkSTiSTvct § ^' '^^^^ *^* shall take effect June first, nineteen hundred and
two.

Chap. 88.

AN ACT to amend the labor law relative to the unauthorized

use, or display of genuine labels.

Became a law, March 5, 1902, with the approval of the Governor. Passed.

three-fifths being present.

TTie People of the State of New Torky represented m Senate and
Assembly, do enact as follows:

Section 1. Section sixteen of chapter four hundred and fifteen
of the laws of eighteen hundred and ninety-seven entitled, ''An

89.] ONE HUNDRED AND TWENTYFIFTH SESSION. 817

act in relation to labor, constituting chapter thirty-two of the
general laws " is hereby amended to read as follows:

§ 16. Penalty for illegal use of labels, et cetera; injunction pro-
ceedings. — A person manufacturing, using, displaying or keeping
for sale a counterfeit or colorable imitation of a device so adopted
and filed, or goods bearing the same, or who shall use or display
a genuine device, so adopted and filed, without authority from
or in a manner not authorized by the owner thereof, shall be sub-
ject to a penalty of two hundred dollars, to be recovered in an
action brought in a court of competent jurisdiction by the per-
son, union or association aggrieved; one-half of which penalty,
when recovered, shall be paid to the plaintiff and one-half to
the overseer of the poor of the town or to an officer having
like power of the city, wherein the person aggrieved resides,
or union or association is located, for the benefit of the poor of
such town or city. After filing copies of such device, such
union or association may also maintain an action to en-
join the manufacture, use, display or sale of counterfeit or
colorable imitations of such device, or of goods bearing the
same, or the unauthorized use or display of such device,
or of goods bearing the same, and the court may restrain such
wrongful manufacture, use, display or sale, and every unau-
thorized use or display by others of the genuine devices so regis-
tered and filed, if such use or display is not authorized by the
owner thereof, and may award to the plaintiff such damages re-
sulting from such wrongful manufacture, use, display or sale as
may be proved, together with the profits derived therefrom.

§ 2. This act shall take effect immediately.

Chap. 89.

AN ACT to amend the election law relative to maps and certifi-
cates of boundaries of election districts.

Became a law, March 5, 1902, with the approval of the Governor. Passed*

three-fifths being present.

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

Section 1. Section nine of chapter nine hundred and nine of
the laws of eighteen hundred and ninety-six, entitled "An act

318 LAWS OF NEW YORK. [Chap.

in relation to the elections, constituting chapter six of the gen-
eral laws," is hereby amended to read as follows:

§ 9. Haps and certificates of boundaries of election districts.-^
When a ward of a city or an assembly district within a city
shall be divided into two or more election districts, the officers
or board creating, dividing or altering such election districts,
shall forthwith make a map or description of such division, de-
fining it by known boundaries, and cause such map or descrip-
tion to be kept open for public inspection in the office of the city
clerk, and cause copies thereof to be posted not less than ten
days prior to the first day of registration in each year, in at
least ten of the most public places in each election district so
created, divided or altered, and shall, prior to every election,
furnish copies of such map or description to the inspectors of
election in each election district of such ward or assembly dis-
trict. The copies furnished to the inspectors of election shall
have printed on each or affixed to each in some secure way the
list of places designated pursuant to section ten as places at
which the meetings for the registration of electors and the
election shall be held during the year within such ward or
assembly district. The officers creating, dividing or altering
an election district in a town shall forthwith make a certificate
or map thereof, exhibiting the districts so created, divided or
altered, and their numbers respectively, and file the same in the
county clerk's office, and a copy thereof in the town clerk's
office, and cause copies of the same to be posted in at least
five of the most public places in each election district of such
town, and the county clerk shall, prior to every general elec-
tion, furnish copies of such maps or certificates to the inspect-
ors of election in each election district of such town, provided
such election district is not coterminous with the town lines.

g 2. This act shall take effect immediately.

90.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 319

Chap. 90.

AN ACT to confirm the title to lands in the city of New York
conveyed by the sisters of charity of Saint Vincent de Paul,
a corporation organized under the laws of the state of New
York, by ratifying, validating ancj confirming the deed of said
corporation dated March fifteenth, eighteen hundred and
ninety-eight.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The conveyance by the sisters of charity of Saint JSJetSi-
Vincent de Paul, a corporation organized under the laws of the coinii^
state of New York, of the following described premises: All that
certain lot, piece or parcel of land situate, lying and being in
the borough of Manhattan in the city of New York and bounded
and described as follows: Commencing at the southeasterly cor-
ner of Madison avenue and One hundred and twenty-ninth
street; running thence easterly along the southerly line of One
hundred and twenty-ninth street thirty-five feet; thence south-
erly and parallel with Madison avenue ninety-nine feet and
eleven inches; thence westerly and parallel with One hundred
and twenty-ninth street thirty-five feet to the easterly line of
Madison avenue; and thence northerly along the easterly line
of Madison avenue ninety-nine feet and eleven inches to the
point or place of beginning, to Frank W. Gilbert by deed dated
March fifteenth, eighteen hundred and ninety-eight, and recorded
in the office of register of the county of New York on the
thirtieth day of March, eighteen hundred and ninety-eight, in
block series of conveyances, section six, liber forty-five, page one
hundred and seven and indexed in block number seventeen hun-
dred and fifty-three on the land map of the city of New York,
ifi hereby consented to, validated, ratified and confirmed, and
the said the sisters of charity of Saint Vincent de Paul is hereby
authorized to execute and deliver to said Frank W. Gilbert or
his grantee, without application to the court, a deed in confirma-
tion thereof.

§ 2. This act shall take effect immediately.

320 LAWS OF NEW YORK. [Chap,

Chap. 91.

AN ACT to amend the public officers law in relation to removals

by the governor.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Section twenty-three of chapter six hundred and
eighty-one of the laws of eighteen hundred and ninety-two,
known as the public officers law, is hereby amended so as to
read as follows:

§ 23. Eemovals by the governor. — An officer appointed by the
governor for a full term or to fill a vacancy, any county super-
intendent of the poor, any register of a county, any coroner or
any notary public, may be removed by the governor within the
ti*rm for which such officer shall have been chosen, after giving
to such officer a copy of the charges against him and an oppor*
tunityto be heard in his defense.

§ 2. This act shall take effect immediately.

Chap. 92.

AN ACT to amend the charter of the citv of Rensselaer and to

provide for a sergeant of police.

Accepted by the city.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Setmte and
Assemhly, do enact as follows:

Section 1. Section ten of chapter three hundred and fifty-nine
of the laws of eighteen hundred and ninety-seven as amended
by chapter two hundred and twenty-six of the laws of eighteen
hundred and ninety-eight, and as further amended by chapter
two hundred and ninety-four of the laws of nineteen hundred
and one, is hereby amended so as to read as follows:

§ 10. City officers. — The officers of the city shall be a mayor,
a president of the common council, who shall be an alderman at

92.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 821

large, and whose term of office shall be that of an alderman, a
city judge, a city treasurer, a city clerk, three assessors, three
supervisors, a corporation counsel, a city engineer, a superin-
tendent of streets, two commissioners of charities, one
health officer and city physician, six commissioners of health, so
many commissioners of deeds as may be deemed necessary by
the common council, a superintendent of schools, five members
of the board of education, a clerk of the board of education, a
chief engineer and first and second assistant engineers of the
fire department, a chief of police, a sergeant of police and nine
patrolmen, three police commissioners, three fire commissioners,
one alderman from each ward, a sealer of weights and measures,
a keeper of the public pound and four constables.

§ 2. Section thirteen of chapter three hundred and fifty-nine
of the laws of eighteen hundred and ninety-seven is hereby
amended so as to read bb follows:

§ 13. Commencement and expiration of terms of office. — ^The
term of office of each officer elected at an annual city election
shall, except as herein otherwise provided, commence with the
eommencement of the next official year after such election,
namely: the first day of January after his election, except that
the term of office of the city treasurer shall commence on the
first day of December after his election. The term of office of
each officer appointed by the common council or a city board for
a full term shall, except as herein otherwise provided, com-
mence on the first day of February of the year in which the
appointment is required to be made.

§ 3. Section seventeen of chapter three hundred and fifty-nine
of the laws of eighteen hundred and ninety-seven as amended
by chapter two hundred and twenty-six of the laws of eighteen
hundred and ninety-eight and as further amended by chapter
two hundred and ninety-four of the laws of nineteen hundred
and one, is hereby amended so as to read as follows:

§ 17. Compensation of city officers. — ^The aldermen, president
of the common council, police commissioners, fiie commissioners,
and members of the city board of health and board of educa-
tion shall receive no compensation for their services. The an-
nual salary of the mayor shall be six hundred dollars; the an-
nual salary of the city judge shall be nine hundred dollars; the

322 LAWS OF NEW YORK. [Chap.

annual salary of the city clerk shall be twelve hundred dollars;
the annual salary of the city treasurer shall be twelve hundred
dollars; the annual salary of the city engineer shall be five hun-
dred dollars; the annual salary of each commissioner of charities
shall be two hundred dollars. The corporation counsel, as-
sessors, superintendent of streets, health officer and city physi-
cian, city sealer, poundkeeper, shall receive an annual salary to
be fixed by the common council for the full term for which
they shall be respectively appointed; the chief of police shall
receive a monthly salary of seventy dollars; the eergeant of
police shall receive a monthly salary of sixty dollars; the patrol-
men, other than special policemen, a monthly salary of sixty
dollars; provided, however, that the police commissioners may,
in their discretion, reward for conspicuous bravery or merit-
orious services, the chief of police by increasing his salary to
a sum not to exceed seventy-five dollars per month, and the ser-
geant or any policeman to a sum not to exceed seventy dollars
per month; the commissioners of deeds shall receive the com-
pensation now provided by law to be received by them; theauper-
visors and constables, respectively, shall be entitled to the same
compensation for their services as the corresponding officers in
towns are entitled to receive for like services; the inspectors of
election and such other officers as are authorized to be appointed
by general law shall receive such compensation as is provided
by general law unless otherwise herein provided. No other ap-
pointive officer of the city shall be entitled to receive from the
city any compensation for his services unless otherwise provided
by this act or by a general law.

§ 4. Section thirty-seven of chapter three hundred and fifty-
nine of the laws of eighteen hundred and ninety-seven, as
amended by chapter two hundred and twenty-six of the laws of
eighteen hundred and ninety-eight, is hereby amended so as to
read as follows:

§ 37. General powers and duties of the city treasurer. — ^The
city treasurer shall be the fiscal officer of the city and shall per-
form such duties incident to his office as the common council
may require. He shall keep an office at such place as the com-
mon council shall designate, which shall be kept open each day
in the year, except Sundays and legal holidays, from eight o'clock
in the forenoon until five o'clock in the afternoon, except between

92.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 323

the hours of twelve and one, and at such hours as the common
council may, from time to tfme, direct. He shall keep separate
accounts of the different accounts of the city, and shall not pay
oat any money chargeable to any fund in excess of the amount
standing on his books to the credit of such fund, and shall not,
knowingly, pay any money from any fund which is not properly
chargeable thereto. The city treasurer shall, before the first
meeting of the common council in each month, file with the city
clerk a report showing in detail the total expenditures and re-
ceipts of city moneys during the next preceding calendar month,
a summary statement of the receipts and expenditures of city
moneys during that iwrtion of the current fiscal year expiring
with the last day of such preceding month, and the balance at
the end of such month standing to the credit of each of the city
fands. Such statement shall be in such form as shall be pre-
scribed, from time to time, by the common council. An abstract
of such report shall be published each month at least once in the
official newsxmper or newspapers of the city. Before entering
npon the duties of his oflSce, and on or before the fifteenth day
of December in each year, the city treasurer shall exe-
cute and file an official bond with two or more sureties or
some solvent surety company, in such penal sum as may be fixed
by the common council, not less, however, than the sum of thirty
thousand dollars, in accordance with section sixteen of the statu-
tory construction law, and sections eleven, twelve and thirteen
of the public officers' law; and for omission to do so, he shall be
subject to the penalties and liabilities prescribed by section
forty-two of the penal code, and sections thirteen, fifteen and
twenty of the public officers' law. Such bond shall be approved
by the common council, a certificate by the city clerk of such
approval shall be endorsed thereon, and the bond so endorsed
shall be filed and recorded in the clerk's office of the county of
Rensselaer in the same manner as the official bonds of town col-
lectors, and such bond shall be a lien on all property of such
treasurer, and each of such sureties in the county of Rensselaer,
until the conditions of such bond, together with all the costs and
charges which may accrue upon the prosecution thereof, shall
be fully satisfied, whereupon the common council shall, by resolu-
tion, declare that such bond is satisfied, and a copy of such
resolution duly certified by the city clerk, may be filed and re-

324 LAWS OF NEW YORK. [Chap.

corded in the office of said county clerk, and shall operate to
discharge the same and the lien thereof from record. A true
copy of such bond and certificate shall be filed in the city clerk's
oflSce. It shall be the duty of the treasurer personally to receive
all state, county, city, school and local taxes and assessments
which may be paid at such office, and to retain there and not
elsewhere, except as herein otherwise provided, the possession
of the warrants and assessment rolls which may from time to
time be delivered to him by the supervisors op clerk of the city.
He shall enter daily, in suitable books, all sums of money re-
ceived by him for taxes or otherwise, with the name of the per-
son or corporation on whose account the same shall be paid, and
shall^ at the expiration of each month, exhibit the same in his
office to the mayor and finance committee of the common council
for inspection. He shall also enter in a column in the assess-
ment rolls in his possession, opposite the names of the persons
or corporations who shall pay their taxes or assessments, the
fact of payment, the amount thereof and date when paid. He
shall also keep a record of all persons, and their respective ad-
dresses, who may pay taxes for non-residents of said city, and
the addresses of such non-residents, as far as he can ascertain
the same. The treasurer shall be the custodian of all securities,
obligations and other evidence of debt belonging to said city.
He shall annually settle with the common council and as much
oftener as they may require, for all city tax rolls and warrants
and local assessment rolls and warrants issued to him, and for
all moneys received or collected by him for school and other city
purposes, and produce the proper vouchers of all boards and
other officers for all money paid upon warrants, drafts or orders
of said officers. At the time of the annual settlement and im-
mediately preceding the expiration of his term of office, or within
such time after the annual settlement as the common council
may fix, he shall pay to his successor in office all such moneys
remaining in his hands and deliver to such successor in office all
assessment rolls, books, papers and property belonging to said
city or pertaining to the affairs of tne city in connection with the
duties of his office.

§ 5. Section eighty-eight which was added to article five of
chapter three hundred and fifty-nine of the laws of eighteen hun-
dred and ninety-seven by chapter two hundred and ninety-four

92.] ONE HUNDBED AND TWENTY-FIFTH SESSION. 325

of the laws of nineteen hundred and one, is hereby amended so
as to read ^ follows:

§ 88. Expense of new pavement. — ^The expense of laying new
pavement in any of the streets or highways of said city, except
the part to be paid by the owner or owners of any street railway,,
as hereinbefore provided, including the preparation of streets
therefor, with granite blocks, asphalt, brick or similar material^
shall not exceed thirty thousand dollars in any one year. Such
expense shall be met by general assessment of all the taxable
property and persons in said city; provided however that
property which has already been assessed for granite block or
asphalt pavement laid prior to April fifth, nineteen hundred and
one, shall be assessed for any new pavements only to the amount
which would properly be assessable upon such property, for such
new pavements, after deducting therefrom the amount actually
paid upon said assessments made for such granite block or
asphalt pavement laid prior to April fifth, nineteen hundred and
one.

§ 6. Section one hundred and eleven of chapter three hundred
and fifty-nine of the laws of eighteen hundred and ninety-seven
is hereby amended so as to read as follows:

§ 111. Board of police conmiissionen; organization. — ^The said
police commissioners shall, with the mayor constitute the board
of police commissioners of said city. The mayor shall be the
president of said board, but shall have no vote therein, except
in case of a tie. Two members shall constitute a quorum. In
case of the mayor's absence from the city or his inability from
any cause to attend any meeting of said board the other mem-
bers thereof shall choose one of their number chairman pro tem-
pore, who shall have the same powers as the mayor therein and
who shall not lose his vote therein except when he shall vote
upon a tie. The city clerk shall be the secretary of the board,
shall keep a record of its proceedings and shall have the custody
of all books and papers belonging to said board. Said books and
papers shall, at all times, be open to the inspection of each mem-
ber of the board.

■

§ 7. Section one hundred and fourteen of chapter three hun-
dred and fifty-nine of the laws of eighteen hundred and ninety*
seven as amended by section sixteen of chapter two hundred

326 LAWS OF NEW YORK. [Chap.

and twenty-six of the laws of eighteen hundred and ninety-
eight, is hereby further amended so as to read as follows:

§ 114. The police force. — The police force of the city of
Rensselaer shall consist of a chief of police, a sergeant
of police and nine patrolmen. The chief of police and
nine patrolmen appointed and now acting as such, shall
continue in office subject to the provisions of chapter three
hundred and fifty-nine of the laws of eighteen hundred and
ninety-seven as amended, and together with the sergeant of
police, who shall be appointed by the board of police commis-
sioners within ten days after this act becomes a law, shall con-
stitute the police force of the city of Rensselaer. Upon the
application of any corporation, society, person, or persons
showing the necessity therefor, the said board of police commis-
sioners may, whenever expedient, appoint and swear in special
policemen, not exceeding the number so applied for, who shall
serve for a time not exceeding that stated in the application,
but the compensation of such special policeman, which shall
be fixed by the board, shall be paid by the corporation, society,
person or persons requesting their appointment. Said special
policemen may be removed at any time by the said board, with-
out cause assigned therefor, and notice of such removal shall
be forthwith given to the corporation, society, person or per-
sons, who applied for their appointment as aforesaid. Such
board may also, upon any emergency, or for any special pur-
pose, appoint not more than six special policemen at a com-
pensation not to exceed three dollars per day for a term not
to exceed five days, and may appoint from among the citizens
of Rensselaer as many special policemen without pay as it may
deem desirable.

§ 8. Section one hundred and seventy-three of chapter three
hundred and fifty-nine of the laws of eighteen hundred and
ninety-seven, as amended by chapter two hundred and twenty-
six of the laws of eighteen hundred and ninety-eight, and as
further amended b}' section seventeen of chapter two hundred
and ninety-four of the laws of nineteen hundred and one, is
hereby further amended so as to read as follows:

§ 173. Appointment of the board of education. — ^At its first
meeting after this act goes into effect, the common council shall
appoint five members of the board of education whose terms of

93.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 827

office shall commence forthwith and shall expire, one at the ex-
piration of one year, two at the expiration of two years, and
two at the expiration of three years from the first day of
Angnst next succeeding their appointment; and shall annually
thereafter, at its first regular meeting in July, appoint as many
members as shall be necessary to fill the yacancies caused by
the expiration of the terms of office of members on the first day
of August next succeeding such appointment, such members to
be appointed for a term of three years. In case of vacancy or
vacancies occurring in said board, by reason of death, resigna-
tion, removal from office or from the city, or refusal to serve,
or from any other cause, the common council shall, at its next
regular meeting, appoint a member or members to fill the
vacancy or vacancies thus existing, for the unexpired term.
The said board shall meet at least once in each month, which
meetings shall be held at the school building number two on the
first Wednesday of each month, unless the said board shall by
resolution fix another date for such meetings.
§ 9. This act shall take effect immediately.

Chap. 93.

AN ACT to amend section nine hundred and twenty-seven of
the code of civil procedure, relative to evidence of serving
notices.

Became a law, March 5, 1902, with the approval of the Governor. Passed,

a majority heing present

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

Section 1. Section nine hundred and twenty-seven of the code
of civil procedure relating to service of notices is hereby
amended to read as follows:

§ 927. Affidavit of service of notice. — ^Whcre it is necessary
upon the trial of an action, to prove the service, posting or
affixing, of a notice, an affidavit, showing the service, posting
or aflSzing, to have been made by the person making the
affidavit, is presumptive evidence of the service, posting or

328 LAWS OF NEW YORK. [Chap.

affixing, upon first proving that he is dead or insane, or that
his personal attendance cannot be compelled, with dne diligence.
§ 2. This act shall take effect September first, nineteen
hundred and two.

Chap, 94.

[AN ACT to amend the code of criminal procedure, relative to
the subpoena of witneses to testify in criminal actions pending
in other states bordering on this state.

Became a law, March 6, 1902, with the approval of the Governor. Passed*

a majority being present

The People of the State of New Yorhj represented in Senate and
AsaemUy, do enact as follows:

Section 1. The code of criminal procedure is hereby amended
by inserting therein a new section to be known as section six
hundred and eighteen-a, and to read as follows:

§ 618-a. Subpoena of witnesses to testify in criminal actions
without the state. — If a judge of a court of record in any state
bordering on this state which by its laws has heretofore made
provision for commanding persons within its borders to attend
and testify in criminal actions in this state, certifies under the
seal of such court that there is a criminal action pending in such
court, wherein the defendant is charged with a crime of the
grade of a felony, and that a person residing or being within
this state is believed to be a material and necessary witness
ii^ such action, a judge of a court of record in this state, upon
the presentation of such certificate and such proof of the
materiality and necessity of such witness as he may require,
opportunity being given such witness to appear before such
judge and be heard in opposition thereto, and upon request so
to do by the clerk of the court issuing such certificate, shall
issue and attach to such certificate a subpoena commanding such
witness to appear and testify in the court where such criminal
action is pending at the time and place to be stated therein.
If any person on whom such subpoena has been served in the
manner provided by this chapter, having been tendered by the
party asking for the subpoena the sum of ten cents for each
mile to be traveled to and from such court, and the sum of five

95.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 329

dollars for each day that his attendance is required, the number
of days to be specified in the subpoena, shall unreasonably neg-
lect to attend and testify at such court, he shall be punished in
the manner provided for the punishment of disobedience of any
other subpoena issued from a clerk of a court of record in this
state, provided, however, that the laws of the state in which
the trial is to be held gives to persons coming in the state under
such subpoena, protection from the service of papers and arrest.
§ 2. This act shall take effect immediately.

Chap. 95.

AN AC?r to authorize the town of Canton in the county of Saint
Lawrence to provide for a site for a free public library, and
to make an annual appropriation for the maintenance of such
library.

Became a law, March 6, 1002, with the approval of the Governor, Passed,

three^fifths being present.

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

Section 1. The town of Canton in the county of Saint Law- SSflSf
rence is hereby authorized to raise money by tax to establish SJmSeof

free public

and maintain a free public library, or to provide a building or jj^jf^i,^
rooms for its use, or to share the cost as agreed with other
bodies, or with any person. It may also acquire real or per-
sonal property for library purposes by gift, grant, devise, or
condemnation, and may buy, take, hold, sell, and transfer either
real or i)ersonal property, and administer the same for public
library purposes. By majority vote at any biennial or special
town meeting said town may accept gifts, grants, devises, or
bequests for public library purposes on condition that a speci-
fied annual appropriation shall thereafter be made for mainte-
nance of the library. Such acceptance, when approved by the
regents of the university under seal and recorded in its book
of charters, shall be a binding contract, and said town shall
levy and collect yearly the amount provided in the manner pre>
scribed for other taxes.
I 2. This act shall take effect immediately.

330 LAWS OF NEW YORK [Chap.

Chap. 96.

AN ACT to amend the highway law (chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety).

Became a law, March 6, 1902, with the approval of the Governor. Passed,

a majority being present.

The People of the State of New Torky represented iiv Senate and
Assembly, do enact as follows:

Section 1. Section one hundred and fifty-seven of the high-
way law (chapter five hundred and sixty-eight of the laws of
eighteen hundred and ninety) is hereby amended so as to read
as follows:

§ 157. (A) Whenever any persons, traveling with any car-
riages, or riding horses or other animals, shall meet on any
turnpike road or highway, the persons" so meeting shall
seasonably turn their carriages, horses, or other animals to
the right of the center of the road, so as to permit such car-
riages, horses, or other animals to pasa without interference or
interruption, (under the penalty of five dollars for every neg-
lect or offence, to be recovered by the party injured).

(B) Any carriage, or the rider of a horse or other animal,
overtaking another shall pass on the left side of the over-
taken carriage, horse or other animal. When requested to do
so, the driver or person having charge of any carriage, horse
or other animal, traveling, shall, as soon as practicable, turn
to the right, so as to allow any overtaking carriage, horse or
other animal, free passage on his left.

(C) In turning corners to the right, carriages, horses or
other animals, shall keep to the right of the center of the road.
In turning corners to the left, they shall pass to the right of
the centre of intersection of the two roads.

(D) Any person neglecting to comply with or violating any
provision of this section shall be liable to a penalty of five
dollars to be recovered by the party injured, in addition to all
damages caused by such neglect or violation.

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 331

Chap. 97.

AN ACT to amend the religions corporations law, relating to

Presbyterian churches.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Article three of chapter seven hundred and twenty-
three of the laws of eighteen hundred and ninety-five, entitled
"An act in relation to religious corporations, constituting chap-
ter forty-two of the general laws," is hereby made article^ four
thereof.

§ 2. Article four of such chapter is hereby made article fivp
thereof, and the title of such ar4:icle, as amended by chapter
one hundred and ninety of the laws of eighteen hundred and
ninety-six, is hereby amended to read as follows:

Special provisions for the incorporation and government of
Reformed Dutch, Reformed Presbyterian and - Lutheran
churches.

§ 3. Article five of such chapter as inserted by chapter three
hundred and thirty-six of the laws of eighteen hundred and
ninety-six, is hereby made article six thereof.

§ 4. Article six of such chapter as inserted by chapter six
hundred and twenty-one of the laws of eighteen hundred and
ninety-seven, is hereby made article seven thereof.

§ 5. Articles seven, eight and nine of such chapter as renum-
bered by chapter six hundred and twenty-one of the laws of
eighteen hundred and ninety-seven, are hereby made articles
eight, nine and ten thereof, respectively.

§ 6. Such chapter is hereby amended by inserting therein a
new article to be article three thereof, and to read as follows:

ARTICLE III.

Speciai« Provisions for the Incorporation and Govbrnmbnt

OP Presbyterian Churches.

Section 37. Application of this article.

38. Calling, et cetera, of a minister.
.S9. Worship.

332 LAWS OP NEW YORK. [Chap.

Section 40. Incorporation of incorporated Presbyterian

churches, and decision as to system of incorpor-
ation and gOYernment.

41. Changing system of trustees.

42. Corporate meetings.

43. Organization and conduct of corporate meetings,

qualifications of voters thereat, et cetera.

44. Changing date of annual corporate meetings.

45. Changing number of trustees.

46. Trustees, their meetings, vacancies and filling there-

of, their powers, et cetera. • .

47. Definitions.

•

Section 37. Application of this article. — ^This article and sec-
tions thirty-fleven to forty-seven, inclusive, of this act, applies
only to a Presbyterian church in connection with the general
assembly of the Presbyterian church in the United States of
America.

§ 38. Calling, et ceterai of a minister. — ^The election, calling,
settlement, installation, dismissal, removal, translation, con-
stituting or dissolving of the pastoral relation, or fixing or
changing of the salary of a minister or pastor of a Presby-
terian church in connection with the general assembly of the
Presbyterian church in the United States of America, or taking
any action for or toward any such purpose, and the calling and
conduct of a meeting of any such church for any such purpose,
and the qualification of voters at any such meeting, is not au-
thorized or regulated or controlled by any provision of this act,
but the same shall be in all respects, done, and regulated, and
any meeting therefor called, conducted, and controlled, only
in accordance with the laws, regulations, practice, discipline,
books of government, rules and usages of the ecclesiastical
governing body of such church and of the Presbyterian church
in the United States of America, except that the salary of any
such minister may be increased at any corporate meeting of
any such church.

§ 39. Worship. — Nothing in this act contained shall authorize
the fixing or changing of the times, nature or order of public
or social or other worship of any Presbyterian church, in any
other manner, or by any other authority, than in the manner

1)7.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 333

and by the authority provided in the laws, regulations, prac-
tice, discipline, rules and usages of the Presbyterian religious
denomination op ecclesiastical governing body, with which such
church is connected.

§ 40. Incorporation of unincorporated Presbyterian churches and
decision as to system of incorporation and government. — A
meeting for the purpose of incorporation of an unincorporated
Presbyterian church in connection with the Presbyterian church
in the United States of America, must be called and held in pur-
BBance of the provisions of this article.

1. The notice and call of such meeting shall be in writing, and
shall state in substance, that a meeting of such unincorporated
church will be held at its usual place of worship at a specified
day and hour for the purpose of incorporating such church and
designating the trustees thereof. The notice must be signed
by at least six persons of full age who are then members in
good and regular standing of such church by admission into
full communion or membership therewith, in accordance with
the rules and regulations of such church, and of the governing
ecclesiastical body of the denomination or order, to which the
church belongs. A copy of such notice shall be posted con-
spicuously on the outside of the main entrance to such place of
worship, at least fifteen days before the day so specified for
such meeting, and such notice shall be publicly read at each
of the two next preceding regular meetings of such unincor-
porated church for public worship, at least one week apart, at
morning service, if such service be held on Sunday, by the first
named of the following persons who is present thereat, to wit:
The minister of such church, the officiating minister thereof, the
elders thereof in the order of their age beginning with the
oldest, the deacons of the church in the order of their age be-
ginning with the oldest, or by any person qualified to sign such
notice.

2. At the meeting for incorporation held in pursuance of such
notice, the following persons, and no others, shall be qualified
voters, to wit: All persons of full age, who are then members,
in good and regular standing of such church by admission into
full communion or membership therewith, in accordance with
the rules and regulations thereof, and of the governing eccle-
Biastical body of the denomination or order to which the church

334 LAWS OF NEW YORK. fCHAP.

belongs. The presence of a majority of such qualified voters,
at least six in number, shall be necessary to constitute a
quorum of such meeting. The action of the meeting upon any
matter or question shall be decided by a majority of the quali-
fied voters voting thereon, a quorum being present.

3. The first named of the following persons who is present at
such meeting shall preside thereat, to wit: The minister of the
church, the officiating minister thereof, the elders thereof in the
order of their age, beginning with the oldest, the deacons there-
of in the order of their age, beginning with the oldest. The
presiding officer of the meeting shall receive the votes, be the
judge of the qualifications of voters, and declare the result of
the votes cast on any matter. Nothing contained in this sec-
tion, or in this act, shall prevent the qualified voters at any
such meeting, from choosing another person, a qualified voter,
to preside at such meeting, other than the person or oflflcer
above designated.

4. The first business of such meeting after its organization,
shall be to determine whether such church shall be incorpor-
ated, and if so, the name of such church, and whether its
temporalities shall be managed by the spiritual officers of such
church as the trustees thereof, or whether its temporalities
shall be managed by trustees to be elected by the church.

5. If such meeting shall determine that such church shall
be incorporated and its temporalities managed by the spiritual
officers of such church as the trustees thereof, then the
meeting shall also determine whether by virtue of their office,
the deacons only of such church, or the pastor, ruling elders and
deacons of such church, or the pastor and ruling elders of such
church shall manage its temporalities, and be the trustees of
such corporation.

6. If such meeting shall determine that such church shall be
incorporated and its temporalities managed by trustees to be
elected by the church, it shall further determine the number of
the trustees of such church, which shall not be less than three
nor more than nine, and shall further determine the date not
more than fifteen months thereafter on which the first annual
election of the trustees thereof after such meeting shall be
held, and such meeting shall elect from the persons qualified
to vote at such meeting, one-third of the number of trustees so

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 335

decided on who shall hold office until the first annual election
of trustees thereafter, one-third of such number of trustees to
hold office until the second annual election of trustees there-
after, and one-third of such number of trustees to hold office
until the third annual election of trustees thereafter.

7. If any such meeting shall determine that such church
shall incorporate in pursuance of this article, the presiding
officer and at least two other persons present at such meeting,
shall execute, acknowledge and cause to be filed and recorded,
as provided in this act, a certificate of incorporation. Such
certificate of incorporation shall state the name of the proposed
corporation; the county and town, city or village, where its
principal place of worship is or is intended to be located; the
fact that a meeting of such church duly called decided that
such church be incorporated, also the determination of such
meeting of all the matters required in this article to be deter-
mined by such meeting, and, as the case shall be, the names of
the persons elected as trustees, and the term for which each
was elected, or the names of the spiritual officers and their
offices, who, by the determination of such meeting, are by
virtue of their office to be trustees of such corporation. On
filing such certificate such church shall be a corporation by
the name stated therein, and the officers determined upon by
the meeting for incorporation and their successors in office, by
virtue of their offices, if they be spiritual officers of such church,
shall be the trustees of such corporation, or if, by said meeting
it was determined that the trustees should be elected as such,
then such as were so elected by said meeting as trustees, and
their successors in office shall be the trustees of such corpora-
tion.

§ 41. Changing system of trustees.

1. If the trustees of an incorporated Presbyterian church in
connection with the Presbyterian church in the United States
of America, shall at any time be elective as trustees and not
trustees by virtue of being spiritual officers, the church may,
at an annual corporate meeting if notice thereof be given with
the notice of such meeting, determine that the deacons
thereof, or the pastors, the ruling elders, and the dea-
cons thereof or the pastor and the ruling elders thereof,
shall thereafter constitute the trustees thereof, and there-

336 LAWS OP NEW YORK, [Chap.

upon the presiding oflBcer of such meeting and at least two
other persons present thereat, shall sign, acknowledge and cause
to be filed and recorded, a certificate stating the fact of such
determination, the names of the ofiicers determined upon to be
the ex-oflQcio trustees thereof; and thereon the terms of oflflce
of such elective trustees shall cease, and the oflScers determined
upon by such corporate meeting, and their successors in ofSce
shall, by virtue of their respective oflSces, be the trustees of
such church.

2. If, at any time, the spiritual officers of an incorporated
Presbyterian church in connection with the Presbyterian church
in the United States of America, which officers by virtue of their
offices constitute the trustees thereof, shall determine to sub-
mit to a meeting of such church corporation, the question
whether the trustees of such church shall be thereafter elective
as such trustees, they shall cause a special corporate meeting
of such church to be called and held in the manner provided
in section forty-two of this act, and such corporate meeting
shall determine, whether the trustees of such church shall there-
after be elective in pursuance of this article of this act, and
also whether the number of such trustees shall be three, six or
nine, and date of the annual corporate meeting of the church.
If such meeting shall determine that such trustees shall there-
after be elective as such trustees, and the number of such trus-
tees, and the date of the first annual corporate meeting of the
church, the presiding officer thereof and at least two other
persons present and voting thereat, shall sign, acknowledge
and cause to be filed and recorded in the office of the clerk of
the county in which the certificate of incorporation of such
church is filed, a certificate of such determination of such
meeting; and thereafter the trustees of such church shall
be elective in pursuance of this article of this chapter. At the
next annual corporate meeting after the filing of such certificate,
one-third of the number of trustees so determined on, shall be
elected to hold office for one year, one-third for two years, and
one-third for three years, and the officers of such church who
by virtue of their offices have been trustees of such church, shall
then cease to be such trustees, and thereafter the trustees of
such church and their successors shall be elective as such trui»*
tees as in this article provided. At each subsequent annual

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 337

corporate meeting of such church, one-third of the number of
trustees so determined on shall be elected to hold office for
three years.

§ 42. Corporate meetings.

1. In every incorporated church to which this article of this
chapter applies and in which the trustees thereof as such are
elective, there shall be held an annual corporate meeting. Such
annual corporate meeting of every incorporated church to which
this article is applicable, shall be held at the time and place
fixed by or in pursuance of law therefor, if such time and place
be 80 fixed, and otherwise, at a time and place to be fixed by
its trustees.

2. A special corporate meeting of any such church may be
called by trustees thereof on their own motion, and must be
so called on the written request of at least ten qualified voters
of such church, and shall be called and notice thereof given in
the same manner as for an annual corporate meeting.

3. The trustees shall cause notice of the time and place of
its corporate meetings, to be given at a regular meeting of the
churcb for public worship, at morning service, if such service
be held, on each of the two successive Sundays next preceding
such meeting, and public worship be had thereon, or otherwise
on e&ch of two days, at least one week apart, next preceding
such meeting; or if no such public worship be held during such
period by conspicuously posting such notice, in writing, ui)on
the outer entrance to the principal place of worship of such
church. Such notice shall be given by the minister of the
church, if there be one, or by the officiating minister thereof, if
there be one, or by any officer of such church. If such notice
be of an annual corporate meeting it shall specify the names of
the trustees whose successors are to be elected thereat; if such
notice be of a special corjjorate meeting, it shall specify the
particular business to be transacted thereat, and no other busi-
ness shall be transacted at such special corporate meeting.

4. Whenever in any such incorporated church, by virtue of
their offices, any of the spiritual officers thereof are the trustees
thereof, they may in their discretion call special corporate meet-
ings of such incorporated church; and in such case such meet-
ings shall be called by the same notice published or posted in

338 LAWS OF NEW YORK. [Chap.

the same manner as herein provided for the notice of such
a meeting by the trustees of such a church elected as such ; and
in each such case such notice must specify the particular busi-
ness to be transacted at such meeting, and no other business
shall be transacted at such special corporate meeting.

§ 43. Organization and conduct of corporate meetings; qualifica-
tions of voters thereat^ et cetera.

1. At a corporate meeting of an incorporated church to which
this article is applicable the following persons and no others shall
be qualified voters, to wit: All persons of full age who are then
members in good and regular standing of such church by admis-
sion into full communion and membership therewith, in accord-
ance with the rules and regulations thereof, and of the governing
ecclesiastical body, of the denomination to which the church be-
longs, or who have been stated attendants on divine worship in
such church and have regularly contributed to the financial sup-
port thereof during the year next preceding such meeting.

2. The presence at any corporate meeting of an incorporated
church of at least six persons qualified to vote thereat shall be
necessary to constitute a quorum. The action of the meeting
upon any matter or question shall be decided by a majority of the
qualified voters voting thereon, a quorum being present.

3. The first named of the following x>6rsons who is present at
any corporate meeting of any incorporated church shall preside
thereat, to wit: The minister of such church, the officiating
minister thereof, the officers thereof in the order of their age,
beginning with the oldest; any qualified voters elected therefor
at the meeting.

4. Nothing contained in this act shall prevent the qualified
voters at any meeting held pursuant to this act from choosing a
person to preside at any corporate meeting of any incorporated
church, other than the person or officer designated in this act to
preside thereat, and when such other person shall be chosen he
shall exercise all the powers in this act conferred upon the pre-
fiiding officer of such meeting.

5. The presiding officer of a corporate meeting shall receive the
votes, be the judge of the qualifications of voters, and declare the
result of the votes cast on any matter. The polls of an annual
corporate meeting shall continue open for one hour, or until all
qualified voters present shall have had a full opportunity to vote,

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 339

and longer in the discretion of the presiding officer, or if required
by a majority of the qualified voters present.

6. At each annual corporate meeting successors to those trus*
tees whose terms of office then expire shall be elected from the
qualified voters by ballot for a term of three years thereafter.

§ 44. Changing date of annual corporate meetings. — ^Au annual
corporate meeting of an incorporated church to which this article
is applicable, may change the date of its annual meeting there-
after. If such date shall next thereafter occur less than six
months after the annual meeting at which such change is made
the next annual meeting shall be held one year from such next
recurring date. For the purpose of determining the terms of
office of trustees, the time between the annual meeting at which
sach change is made and the next annual meeting thereafter
shall be reckoned as one year.

§ 45. Changing number of trustees. — An incorporated church
to which this article is applicable, may, at an annual corporate
meeting^ change the number of its trustees to three, six or nine,
and classify them so that the terms of one-third expire each year.
No such change shall affect the terms of the trustees then in
office, and if the change reduces the number of trustees it shall
not take effect until the number of trustees whose terms of office
continue for one or more years after an annual election, is less
than the number determined upon. Whenever the number of
trustees so holding over is less than the number so determined
on, trustees shall be elected in addition to those so holding over
sufficient to make the number of trustees for the ensuing year
equal to the number so determined on. The trustees so elected
up to and including one-third of the number so determined on,
shall be elected for three years, the remainder up to and includ-
ing one-third of the number so determined on for two years and
the remainder for one year.

§ 46. Trustees, their meetings, vanancies and filling thereof, their
powers, et cetera.

1. Two trustees of an incorporated church, to which this article
is applicable, may call a meeting of such trustees by giving at
leaKt twenty-four hours notice thereof personally or by mail to
the other trustees. A majority of the trustees lawfully convened
shall constitute a quorum for the transaction of business. In
case of a tie vote at a meeting of the trustees, the presiding

840 LAWS OP NEW YORK. [Chap.

officer of such meeting shall, notwithstanding he has voted once,
have an additional casting vote.

2. If any trustee of an incorporated church to which this
article is applicable, declines to act, resigns or dies, op having
been a member of such church, ceases to be such member, or
not having been a member of such church, ceases to be a qualified
voter at a corporate meeting thereof, his office shall be vacant
and such vacancy may be filled by the remaining trustees until
the next annual corporate meeting of such church, at which meet-
ing the vacancy shall be filled for the unexpired term.

3. The trustees of an incorporated church to which this article
is applicable shall have the custody and control of all the tem-
poralities and property belonging to the corporation and of the
revenues from such property, and shall administer the same in
accordance with the discipline, rules, usages, laws, and book of
government of the religious denomination or ecclesiastical govern-
ing body with which the church is connected, and with the pro-
visions of law relating thereto, for the support and maintenance
of the church corporation or providing the members thereof at a
corporate meeting thereof shall so authorize, of some religious,
charitable, benevolent, or educational object, conducted by such
church, or connected with it, or with the denomination with
which it is connected, and they shall not use such property or
revenue for any other purpose or divert the same from such uses.

4. By-laws, or directions, adopted at any corporate meeting of
any such incorporated Presbyterian church shall control the sub-
sequent action of its trustees, as to the temporalities and prop-
erty or revenues therefrom, and as to the care thereof, and
changes in either thereof and disposition thereof.

5. The words " temporalities," " property,'^ " revenue " and
" revenues/' as used in this section, or elsewhere in this act, shall
not be construed to include the contributions in such church or
elsewhere for benevolent or other purposes, which shall be con-
tributed and paid to the pastor or pastors, ruling elders, the
church session, or the deacons of any such church, either in the
church services or otherwise, to be distributed, or used, or admin-
istered, by them, or any, or either of them, nor to any funds or
propeity devised, bequeathed or contributed, to be administered
or expended by such pastor or pastors, ruling elders, church ses-
sion, deacons or other spiritual officers of such church.

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 341

6. The trustees of any such church shall have no power, with-
out the consent of a corporate meeting, to incur debts beyond
what is necessary for the care of the property of the corporation.

§ 47. Definitions. — ^The words, " spiritual oflScers," as used in
this article includes, the pastor or pastors, the ruling elders, and
the deacons, of any church to which this article is applicable.

§ 7. Section sixty-one of chapter seven hundred and twenty-
three of the laws of eighteen hundred and ninety-five, entitled
"An act in relation to religious corporations, constituting chap-
tor forty-two of the general laws," as amended by chapters
thirty-five and one hundred and ninety of the laws of eighteen
hundred and ninety-six, is hereby amended to read as follows:

§ 61. Decision by Lutheran church as to system of incorpor-
ation and government. — ^A meeting for the purpose of incorpo-
rating an unincorporated Evangelical Lutheran church must
be called and held in pursuance of the provisions of
article eight of this chapter, except that the first busi-
nesB of ench meeting after its organization, shall be
to determine whether such church shall be incorporated and
governed in pursuance of this article, or in pursuance of
article eight of this chapter. If such meeting determines
that such church shall be incorporated and governed in
pursuance of this article, then no further proceeding shall be
taken in pursuance of article eight, and such church
may be incorporated and shall be governed after its incorpo-
ration in pursuance of the provisions of the following sections
of this article, except such provisions as are applicable only
to churches of a different denomination; and the certificate of
incorporation shall recite such determination of such meeting.
If such meeting determine that such church shall be
incorporated and governed in pursuance of article eight
of this chapter, then this article shall not be applicable
thereto, but such church may be incorporated and shall be gov-
erned after its incorporation in pursuance of the provisions of
article eight of this chapter, except such provisions as are
applicable to churches of a single religious denomination only.
§ 8. Section sixty-two of such chapter, as amended by chapter
one hundred and ninety of the laws of eighteen hundred and
ninety-six, is hereby amended to read as follows:

342 LAWS OF NEW YORK. [Chap.

§ 62. Incorporation of Beformed Dutch^ Eeformed Presby-
terian and Evangelical Lutheran churches under this article. —
If any unincorporated church in connection with the Re-
formed church in America, the true Reformed Dutch church
in the United States of America, the Reformed Presby-
terian church, or with the Evangelical Lutheran church, deter-
mine to incorporate in pursuance of this article, the minister
or ministers and the elders and deacons thereof shall execute,
acknowledge and cause to be filed and recorded, a certificate in
pursuance of this article. The deacons of a Reformed Presby-
terian church may alone sign such certificate if authorized so
to do by such church. Such certificate of incorporation shall
state the name of the proposed corporation, the county and
town, city or village where its principal place of worship is or
is Intended to be located, and, if it be an Evangelical Lutheran
church, the fact that a meeting of such church duly called
decided that it be incorporated under this article. If it be
signed by the deacons of a Reformed Presbyterian church, it
shall state that they were authorized so to do by such church.
On filing such certificate such church shall be a corporation by
the name stated therein, and the minister or ministers, if any,
and the elders and deacons of such church shall, by virtue of
their offices be the trustees of such corporation, except that if it
be a Reformed Presbyterian church, the certificate of incorpo-
ration of which shall have been, in pursuance of law, signed
by its deacons only, the deacons of such church shall, by virtue
of their offices, be the trustees of such corporation.

§ 9. Section sixty-six of such chapter, as amended by chapter
one hundred and ninety of the laws of eighteen hundred and
ninety-six, is hereby amended to read as follows:

§ 66. Evangelical Lutheran church, changing system of electing
trustees. — If the trustees of an incorporated Evangelical
Lutheran church shall at any time be elective in pursuance of
article eight of this chapter, the church may, at an annual cor-
porate meeting, if notice thereof be given with the uotice of
such meeting determine thar the minister or ministers and
elders and deacons thereof shall thereafter constitute the trus-
tees thereof, and thereon the trustees of such church shall sign,
acknowledge and cause to be filed and recorded, a certificate
stating the fact of such determination, and the name of the

97.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 343

minister or ministers, if any, and of the elders and deacons
of such church; and thereon the terms of office of such elective
trustees shall cease, and, the minister or ministers and the
elders and deacons of such church, and their successors in office
shall, by virtue of their respective offices, be the trustees of such
church. If, at any time, the officers of an incorporated Evan-
gelical Lutheran church which officers by virtue of their offices
constitute the trustees thereof shall determine to submit to
a meeting of such church corporation, the question whether
the trustees of such church shall be thereafter elective in pur-
suance of article eight of this chapter, they shall cause a corpo-
rate meeting of such church to be called and held in the manner
provided in sections eighty-four and eighty-five of this chapter,
and such corporate meeting shall determine, whether the trus-
tees of such church shall thereafter be elective in pursuance of
article eight of this chapter, and also whether the number of such
trustees shall be three, six or nine, and the date of the annual
corporate meeting of the church. If such meeting shall deter-
mine that such trustees shall thereafter be elective, the presid-
ing officer thereof and at least two other persons present and
voting thereat, shall sign, acknowledge and cause to be filed
and recorded in the office of the clerk of the county in which
the certificate of incorporation of such church is filed, a certifi-
cate of such determination of such meeting; and thereafter the
trustees of such church shall be elective in pursuance of
article eight of this chapter. At the next annual cor-
porate meeting after the filing of such certificate, one-third of
the number of trustees so determined on shall be elected to
hold office for one year, one-third for two years, and one-third
for three years, and the officers of such church who by virtue of
their offices have been trustees of such church, shall then cease
to be such trustees, and thereafter article eight of this
chapter shall apply to such church. At each subsequent annual
corporate meeting of such church, one-third of the number of
trustees so determined on shall be elected to hold office fop
three years.

§ 10. Section eighty of such chapter, as amended by chapters
thirty-five, one hundred and ninety and three hundred and
thirty-six of the laws of eighteen hundred and ninety-six, and
chapter six hundred and twenty-one of the laws of eighteen

344 LAWS OF NEW YORK. [Chap.

hundred and ninetj-seven, is hereby amended to read as fol-
lows:

§ 80. Application of this article. — This article is not appli-
cable to a Baptist church, a Congregational or Independent
church, a Protestant Episcopal church, a Roman Catholic
church, a Presbyterian church in connection with the general
assembly of the Presbyterian church in the United States of
America, or a christian orthodox Catholic church of the eastern
confession. No provision of this article is applicable to a Re-
formed church in America, a true Reformed Dutch church in
the United States of America, a Reformed Presbyterian church,
or to an Evangelical Lutheran church, incorporated after Octo-
ber first, eighteen hundred and ninety-five, except as declared
to be so applicable by article five of this chapter; this article is
applicable to an Evangelical Lutheran church incorporated be-
fore October first, eighteen hundred and ninety-five, if the trus-
tees thereof were then elective as such and so long as they
continue to be elective as such. Article five of this chapter is
applicable to an Evangelical Lutheran church incori>orated be-
fore October first, eighteen hundred and ninety-five, if its trus-
tees were not then elective as such and so long as its trustees
continue not to be elective as such. This article is applicable
to churches of all other denominations.

§ IL This act shall take effect immediately.

98.

AN AC?r to amend the stock corporation law in reference to

merger of corporations.

Became a law, March 6, 1902, with the approval of the Governor. Passed.

a majority being present

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

amended S^ctiou 1. Section fifty-eight of article three of the stock cor-
poration law is hereby amended so as to read as follows:

§ 58. Any domestic stock corporation and any foreign stock
corporation authorized to do business in this state lawfully
owning all the stock of any other stock corporation organized
for, or engaged in business similar or incidental to that of the

9y.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 345

possessor corporation may file in the office of the secretary of
state, nnder its common seal, a certificate of su(ih ownership,
and of the resolution of its board of directors to merge such
other corporation, and thereupon it shall acquire and become,
and be possessed of all the estate, property, rights, privileges
and franchises of such other corporation, and they shall vest
in and be held and enjoyed by it as fully and entirely and with-
out change or diminution as the same were before held and
enjoyed by such other corporation, and be managed and con-
trolled by the board of directors of such possessor- corporation,
and in its name, but without prejudice to any liabilities of such
other corporation or the rights of any creditors thereof. Any
bridge corporation may be merged under this section with any
railroad corporation which shall have acquired the right by
contract to run its cars over the bridge of such bridge corpora^
tion.
§ 2. This act shall take effect immediately.

Chap. 99.

AN ACT to legalize the acts of Harry W. Baldwin, a commis-
sioner of deeds.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The acts of Harry W. Baldwin of the borough of ^o^mmfn-
Manhattan, county and city of New York, performed as com- deed^ipgav
missioner of deeds from the twenty-eighth day of April, eight- wTnflJmed.
een hundred and ninety-eight and before the thirtieth day of
May, eighteen hundred and ninety-eight and from the seven-
teenth day of May nineteen hundred and before the third day
of June nineteen hundred, are hereby legalized and confirmed,
and shall have the same force and effect as though the said
Harry W. Baldwin had been qualified to act as commissioner
of deeds at the time of the performance of such acts.

§ 2. Nothing in this act shall affect any action or proceeding
pending in any court.

§ 8. This act shall take effect immediately.

346 LAWS OF NEW YORK [Cuap.

Chap. lOO.

AN ACT to amend chapter eight hundred and fifty-eight of the
laws of eighteen hundred and sixty-seven, relative to the re-
demption of real estate sold for taxes in the county of
Onondaga.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assembly y do enact as follows:

•t'^Hoded. Section 1. Section six of chapter eight hundred and fifty-
eight of the laws of eighteen hundred and sixty-seven, entitled
" An act to amend the statutes in reference to the collection of
taxes in the county of Onondaga," as amended by chapter one
hundred and fifty-four of the laws of eighteen hundred and
sixty-nine and chapter two hundred and sixty-three of the laws
of eighteen hundred and ninety-nine, and chapter one hundred
and two of the laws of nineteen hundred, is hereby further
amended to read as follows:

oMmt^Ind" § ^- "^^^ county treasurer shall, immediately after the ex-

a^.aceof piration of such six months cause to bo published once in each
week for six weeks, in at least two daily newspapers published
in said county, a list or statement of the real estate charged
with such taxes, interest, expenses and other charges,
and so liable to be sold, and also a notice that such
real estate will, on a day subsequent to the expira-
tion of the said six weeks, specified in such notice, and
the succeeding da^s, be sold at public auction at the court
house in the city of Syracuse, to discharge the taxes, interest,
charges and expenses, that may be due thereon at the time of
such sale the publishing of the said notice not to exceed the
sum of one dollar .for each notice so published for each news-

piwicSiion. paper publishing the same. Proof of the due publication of
such list and notice in each newspaper shall, within twenty
days after the last publication thereof, be made and filed and
recorded in the office of the county clerk of said county who
shall cause the same to be properly indexed. No error or im-
perfection in any list made up or published shall render any
sale void or in any manner affect its validity. On the day of

100.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 847

sale specified in the said notice the county treasurer shall com- gJJS^'
mence the sale of such real estate, and he shall continue the
sale from day to day until the same shall be disposed of. The
county treasurer may, in his discretion, decline to receive any
bid on any parcel of land, if in his opinion, it is made by or for
any person not acting in good faith, and any such land shall
be sold at such sale the same as if such bid had not been made
thereon. In case no purchaser bids the amount due on any lot
or parcel, the county treasurer shall bid in such lot or parcel
for the county, and it shall be his duty to bid in for the county f^'JSStJ.
all lands which have been bid in for the county at any prior tax
sale and which have not been duly redeemed or the certificates
of sale for which have not been sold or signed. The treasurer
shall make certificates of sale for all lands so bid in by him,
describing the lands purchased and specifying the time when a
deed therefor can be obtained. Such purchases shall be subject
to the same right of redemption as purchases by individuals;
and if the land so sold shall not be redeemed the county treas-
urer's deed therefor shall have the same effect and become ab-
solute in the same time, and on the performance of like condi-
tions, as in the case of sale and conveyances to Individuals.
The treasurer may sell and assign any certificate of sale of lands ^fj^^
bid in for the county at any time before the expiration of the
period of redemption on such terms as to him shall seem for
the best interests of the county. If any such tax sale certifi-
cate shall not have been sold or assigned prior to the expira-
tion of the period of redemption the treasurer shall issue to^^'y®
the board of supervisors of the county a deed or deeds for all
of the lands described therein remaining unredeemed. The
title thus acquired by said board shall be held by it in trust for
said county of Onondaga and may be disposed of by it at such
times, in such manner and on such terms as shall be determined
by a majority thereof at any regular or special session thereof.
After the said board of supervisors have acquired the title in
fee to any lands sold for taxes in said county, such lands shall
be exempt while so owned by said county from all taxes ; and f^JJ^^*'**"
the county treasurer of said county is hereby directed to pre- ^""®""
pare and present to the said board of supervisors, on the first
day of its annual session in each and every year, a statement
designating such lands, and the said board of supervisors are

assign men I
of (wrtifl-
cate.

348 LAWS OF NEW YORK. [Chap.

hereby authorized and directed to strike such lands from tlie
tax roll of the city or town in which the same are situated.

§ 2. Section eight of said chapter as amended by chapter two
hundr(»d and sixty-three of the laws of eighteen hundred and
ninety-nine and chapter three hundred and eighty-one of the
laws of nineteen hundred and one is hereby further amended
to read as follows:
IiII?io7Cn<i. § 8. The owner, occupant or any other person, at any time
within two years after the last day of such sale, and the holder
of any mortgage on any such real estate heretofore or hereafter
sold for taxes as aforesaid, at any time prior to the expiration of
one year after the recording of the county treasurer's
conveyance thereof, may redeem the same by paying to
the county treasurer, for the use of the purchaser, hie heirs and
assigns, the sum mentioned in his certificate of sale together
with the interest thereon at the rate of twelve per centum per
annum to be calculated from the date of such certificate and the
amount of all taxes and assessments thereon, paid by him sub-
sequent to the date of such certificate and prior to such re-
demption, a statement of which shall have been filed with the
county treasurer. The holder of any mortgage upon real estate
sold for taxes who shall redeem the same shall have a lien upon
the premises redeemed for the amount so paid with interest
from the time of payment in like manner as if it had been in-
cluded in the mortgage. Any person may redeem an undivided
part of any tract, lot or piece of land so sold, or an undivided
share in any tract or lot of land out of which an undivided part
shall have been sold, by paying such proportion of the purchase
money and interest as shall be in proportion to the part or share
of the lands sold which he shall claim. Any person may re-
deem a specific part of any tract, lot or piece of land so sold,
or lot of land out of which an undivided part may have been
sold for taxes charged on the whole tract or lot, by paying such
proportion of the purchase money and interest as his quantity
of acres shall bear to the whole quantity of acres sold, or to the
whole quantity taxed. Any person may exonerate the owner
of a specific part of any tract or lot of land out of which a

•

specific part belonging to some other person shall have been
sold for taxes charged on the whole tract or lot, from all lia-
bility to contribute to the owner of the part sold by paying to

Partial
iloa.

100.] ONE HUNDRED AND TWENTYPIFTH SESSION. 349

the county treasurer at any time before the expiration of the
time allowed for the redemption thereof, such proportion of the
purchase money and interest as the quantity of acres of the
former shall bear to the whole quantity taxed, and such payment
shall operate as a redemption of his proportionate part of the
lands sold according to the amount paid. Upon such partial
redemption the quantity sold shall be reduced in proportion to
the amount paid on such partial redemption and the county
treasurer shall convey accordingly. If the lands of one person
shall be sold for taxes assessed conjointly on his landA and lands
of another, and the latter shall not pay his due proportion re-
quired for the redemption of his lands, the former, or any person
in his behalf, may redeem the same on paying to the county
treasurer the purchase money and interest, and he shall be en-
titled to recover, after the expiration of the time allowed for
redemption, from the other person whose lands were assessed
with his, a just proportion of the redemption moneys paid, with
interest. Every judgment obtained for any action brought for
such purpose shall have priority as against the lands of the
defendant therein, on which the tax was assessed, and for which
such proportionate part ought to have been paid, over all mort-
gages, judgments and other liens, if at the time of docketing
such judgment the plaintiff cause an entry to be made by the
clerk in the docket thereof, specifying that such judgment has
such priority pursuant to this act, which entry shall be a part
of the docket. In all such actions the certificate of the county
treasurer stating the facts in relation to such redemption or sale
and conveyance, shall be presumptive evidence of all facts
therein contained. Neither the owner, occupant nor any other
person shall have the right to despoil any lands sold for taxes Dtupoiia-
by the county treasurer of their value, by the removal of build- *""***•
ings or by cutting, removing or destroying timber or other
valuable products growing, existing or being thereon at the
time of sale. The purchaser of any such lands at the sale
thereof by the county treasurer whose bid therefor shall have
been fully paid, or his assigns or representatives may at any
time before obtaining his deed cause to be served a notice on
any person despoiling such lands or interested in such despolia-
tion, either personally or by leaving the same at his resid(»nce
with any person of suitable age and discretion. The notice shall

350

LAWS OF NEW YORK.

[Chap.

Certificate
nf rtfdemp-
Uon.

Notice of
time for
redeini^
liou, etc

describe such lands, substantially as sold, shall state that they
were sold for taxes by the county treasurer, and that an action
to recover the value of the buildings, timber or other products
destroyed or removed therefrom, after the date of sale thereof,
will be Instituted against all persons concerned in such despolia-
tion. If such lands shall not be redeemed, every person engaged
or interested in making such despoliation, upon whom a service
of the notice shall have been made, shall be liable to pay the
holder of the tax sale certificate or tax deed therefor the full
value of any building so destroyed or removed therefrom, and
of all the timber, or other valuable products so cut or destroyed
or removed therefrom, from the date of the sale of such lands
to the termination of such action, and may be reetrained by in-
junction from committing any waste thereon. When any real
estate shall have been redeemed, as herein provided, the county
treasurer shall issue to the person redeeming the same a cer-
tificate of redemption, under his hand and seal, properly ac-
knowledged, which shall contain a description of the tax and
the property afifected. Such certificate of redemption may be.
recorded in the same manner as a deed and with like effect, and
when so recorded shall operate to render void and of no effect,
and cancel of record any such certificate of sale and conveyance
and any and all transfers and conveyances derived from, through
or under any purchaser, at any such sale.

§ 3. Section nine of said chapter as amended by chapter two
hundred and sixty-three of the laws of eighteen hundred and
ninety-nine and chapter one hundred and two of the laws of
nineteen hundred and chapter three hundred and eighty-one of
the laws of nineteen hundred and one is hereby further amended
to read as follows:

§ 9. The county treasurer shall, at least three months before

the expiration of the time allowed for the redemption of lands

sold by him for taxes, cause a notice to be published once in
each week for six weeks successively, the last publication to be

at least six weeks before the expiration of the time to redeem,
in at least two daily newspapers published in said county,
containing a list of the lands in such county sold for
taxes and unredeemed, specifying particularly every par-
cel unredeemed and the amount necessary to redeem
the same, calculated to the last day in which such re-

101.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 851

demption can be made, and stating that, unless such
lands are redeemed by a specified day, they will be con-
veyed to the purchaser. The expense of such publication shall
be a county charge. Proof of due publication of such notice
shall, within twenty days after the last publication, be made
and filed and recorded in the office of the clerk of said county,
who shall cause the same to be properly indexed. Until said
notice of expiration of time to redeem shall have been pub-
lished, as herein provided, the time to redeem shall not be
deemed to have expired. No error or imperfection in said
notice as published shall in any way affect the sufficiency or
validity of such notice or that of any subsequent proceeding
or conveyance based thereon. No other, further or different
notice of the expiration of the time to redeem shall be required
to be published, served upon or given to any person whatever.
If such real estate sold for taxes, or any portion thereof, be not ^JJ tT
redeemed, as herein provided, the county treasurer shall exe- »»*«'**•■••
cute to the purchaser, his heirs or assigns, a conveyance of the
real estate so sold, and unredeemed, which shall vest in the
grantee an absolute estate in fee, free from all liens, claims and
encumbrances of every name and nature whatsoever, subject
only to the right of redemption on the part of the holder of a
mortgage, as provided herein, and to such claims as the county
may have thereon for taxes. The county treasurer shall be en-
titled to demand and receive from the purchaser one dollar for
preparing every such conveyance. All purchases made for the
county shall be included in one conveyance for which the county
treasurer shall receive ten dollars.
§ 4. This act shall take effect immediately.

Chiap. lOl.

AN ACT to amend the tax law, in relation to the taxable trans-
fers of property.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

a malority being present

The People of the State of New Yorkf represented in Senate and
A$8emhlyy do enact as follows:

Section 1. Section two hundred and twenty-eight of chapter
nine hundred and eight of the laws of eighteen hundred and

352 LAWS OF NEW YORK. [Chap.

ninety-six, entitled "An act in relation to taxation, constitu-
ting chapter twenty-four of the general laws," as amended by
chapter one hundred and seventy-three of the laws of nineteen
hundred and one, is hereby amended to read as follows:

§ 228. Liability of certain corporations to tax. — If a foreign
executor, administrator or trustee shall assign or transfer any
stock or obligations in this state standing in the name of a
decedent, or in trust for a decedent, liable to any such tax, the
tax shall be paid to the treasurer of the proper county or the
state comptroller on the transfer thereof. No safe deposit com-
pany, trust company, corporation, bank or other institution, per-
son or persons having in possession or under control securi-
ties, deposits, or other assets of a decedent, including the
shares of the capital stock of, or other interests in, the
safe deposit company, trust company, corporation, bank
or other institution making the delivery or transfer herein
provided, shall deliver or transfer the same to the executors, ad-
ministrators or legal representatives of said decedent, or upon
their order or request, unless notice of the time and place of
such intended delivery or transfer be served upon the state
comptroller at least ten days prior to said delivery or trans^
fer; nor shall any such safe deposit company, trust company,
corporation, bank or other institution, person or persons de-
liver or transfer any securities, deposits or other assets of the
estate of a non-resident decedent including the shares of the
capital stock of, or other interests in, the safe deposit company,
trust company, corporation, bank or other institution, making
the delivery or transfer, without retaining a sufficient portion
or amount thereof to pay any tax and penalty which may there-
after be assessed on account of the delivery or transfer of such
securities, deposits, or other assets including the shares of the
capital stock of or other interests in, the safe deposit company,
trust company, corporation, bank or other institution making
the delivery, or transfer, under the provisions of this article,
unless the state comptroller consents thereto in writing. And
it shall be lawful for the said state comptroller, person-
ally, or by representative, to examine said securities, de-
posits or assets at the time of such delivery or transfer.
Failure to serve such notice and to allow such examina-
tion, and to retain a sulllcient portion or amount to pay

102.] ONE HUNDRED AND TWENTYFIFTH SESSION. 353

such tax and penalty as herein provided, shall render baid
safe deposit company, trust company, corporation, bank or
other institution, person or persons liable to the payment of
three times the amount of the tax and penalty due or there-
after to become due upon said securities, deposits or other
assets, including the shares of the capital stock of, or other
interests in, the safe deposit company, trust company, cor-
poration, bank or other institution, making the delivery or
transfer; and the payments as herein provided shall be enforced
in an action brought in accordance with the provisions of sec-
tion two hundred and thirty-five of this chapter.
§ 2. This act shall take effect immediately.

Chap. 102.

AN ACT to incorporate the Federation of American Zionists.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of Neuo Torkf represented in^ Senate and
Assembly, do enact as follows:

Section 1. Richard Gottheil of New "York, H. Pereira Mendes corpor*.

tonw

of New York, Marcus Jastrow of Pennsylvania, Moses S. Mar-
golies of Massachusetts, Sabatai Schaffer of Maryland, Leon
Zolotkoff of Illinois and Isidore D. Morrison of New York, and
such other persons as are now members of an association called
the Federation of American Zionists, and such other persons as
may hereafter become members thereof, are hereby created a
body politic and corporate, by the name, style and title corpomt*
of Federation of American Zionists, to be composed
of a board of incorporation as follows: A president, ten
vice-presidents, and honorary secretary and honorary treasurer,
and twelve councillors, who shall be elected at such time and in
such manner as the constitution and by-laws provide.
§ 2. The objects of said corporation shall be as set forth in objecta or

corpora*

their constitution, namely, first, to foster the national idea in "<«^
Israel ; second, to co-operate with other Zionist societies, in their
endeavor to obtain for the Jewish nation a publicly legally as-
sured home in Palestine; third, to unite all Zionist societies of

354

LAWS OF NEW YORK.

[(^IIAP.

poration.

the United States; fourth, to act as the medium of communica-
tion between the Zionist congress, through its central com-
mittee, and the Zionist societies in the United States; fifth, to
foster the knowledge of Hebrew as a living language; sixth, to
publish periodical publications for the furtherance of the cause
of Zionism.

§ 3. The said corporation by that name shall succeed to the
rights and the pro|)ert7 of the Federation of American Zionists,
an unincorporated association now existing under the laws of
this state, and shall have and enjoy perpetual succession, and
be able to sue and be sued, plead and be impleaded in all courts
of law and elsewhere in this state, and shall be able and capable
Sfu to to! *^ ^^w ^^^ equity to take, purchase, hold and receive to it and
its successors for the use of said association any lands, tene-
ments and hereditaments, goods, chattels, sum or sums of
money by grant, gift, bargain and sale, will, devise or bequest,
from any person or persons, whatsoever, and the same to grant,
bargain, sell, mortgage, improve or dispose of for the use of
the association, and in general to do all things which may be
lawful or necessary for the well being and proper management
of the said corporation, provided that the real estate of the
said corporation shall not at any time exceed the lawful amount
which it may. hold as a body corporate.

§ 4. The said corporation shall have the power to grant dis-
pensations or charters to subordinate societies of the Federa-
tion of American Zionists to suspend and revoke the same for
proper causes according to the regulations, by-laws, rules and
constitutions adopted to govern the same or which may be
necessary for the government and promotion of the principles
of said association, to have supervision over all subordinate
bodies and to establish a general fund according to its constitu-
tion.

§ 5. The present officers of the said association shall continue
in their respective offices until an election shall be held under
this act, and the constitution and by-laws now in force shall be
good and valid until altered, amended or abrogated by the said
corporation.

§ 6. The said Federation of American Zionists as incorporated

Corporate shall havc power to make and use a common and corporate seal^

and to alter, destroy and renew the same at pleasure, and to

Powers of
corpora-
tion.

Officer!.

103.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 355

elect and appoint such officers of said association as said cor-
poration may think necessary, and they shall be elected and
appointed at such time and place, and in such manner as the
constitution and by-laws of said corporation may direct*
§ 7. This act shall take effect immediately.

Chap. 103.

AN ACT to amend the penal code in relation t^ the age of chil-
dren charged with crime.

Became a law, March 6, 1902, with the approval of the Governor. Passed,

a majority being present.

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

Section 1. Section six hundred and ninety-nine of the penal
code is hereby amended so that it shall read as follows:

§ 699. Where a male person between the ages of sixteen and
twenty-one years is convicted of a felony, or where the term of
imprisonment of a male convict for felony is fixed by the trial
court at one year or less, the court may direct the con-
rict to be imprisoned in a county penitentiary, instead of a
state prison, or in the county jail located in the county where
sentence is imposed. Whenever a child under the age of
sixteen years is charged with perpetration of a crime, other than
a capital crime, which, if committed by an adult, would be a
felony, the child shall, in the discretion of the court, be tried as
for a misdemeanor, and the court, magistrate or tribunal before
whom such trial is held, shall impose the penalty as prescribed
by law in the case of misdemeanors.

§ 2. This act shall take effect immediately.

356

LAWS OF NEW YORK.

[Chap.

Corpontte
name.

Corpora-

Powen of

corporis

tlon.

Chap. 104.

AN ACT for the reorganization and reincorporation of the Syra-
cuse women's hospital and training school for nurses and for
a change of its corporate name to " Syracuse hospital for
women and children."

Became a law, March 7, 1902, with the approval of the Governor. Passed,

a majority being: present

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

Section 1. That said corporation, the Syracuse women's hos-
pital and training school for nurses, be and the same is hereby
continued and constituted a new corporation by the name of
ihe Syracuse hospital for women and children; that for that
purpose, the present trustees of the Syracuse women's hospital
and training school for nurses, to wit: Annah S. T. Halcomb,
Dora G. S. Hazard, Ellen S. Tracy, Jessie L. Grouse, Cornelia
S. Bigelow, Katharine M. Kenyon, Katharine G. Trump, Ger-
trude W. Belden, M. Ophelia King, Sarah M. Noxon, Marilla
G. Guttman, Blanche L. Leiter, Zullah S. Stone, Florence D.
Vann, Lily J. Wicks, Anna B. White, Mary S. Dey, Amelia Rule,
Ada S. Dension, Jane G. Hurst, Kate S. White, Lucy P. Nettle-
ton, May E. Dunnels, Jessie C. Bull, Jane M. Bartels and their
successors, shall be and forever remain a body politic and cor-
porate, in fact and in name, by the name of the Syracuse hos-
pital for women and children. Such reincorporation of the
Syracuse women's hospital and training school for nurses shall
be deemed a continuation of its corporate existence under the
name of the Syracuse hospital for women and children, without
affecting its property rights or its liabilities, or the liabilities
of its members or officers as such, but thereafter it shall have
only such rights, powers and privileges, and be subject only to
such other duties, liabilities and limitations as a corporation
created for the same purposes under the membership corpora-
tions law.

§ 2. Said corporation shall have power to take by purchase,
gift, grant, bequest, devise, or in any other manner, and to hold
any real and personal property and estate whatsoever to an
amount not exceeding the value of three million dollars, or

104.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 357

less, or the yearly income derived from which estate shall be
five hundred thousand dollars, or less, and may grant, bargain,
sell, demise, mortgage, improve and dispose of said property.

§ 3. The object of said corporation is, and shall be, the estab- ^^•®J|^«'
lishment and maintenance of a general hospital for women and '^^°-
children and a school for the training of nurses, to be located
in the city of Syracuse, for benevolent and charitable purposes.

§ 4. The affairs of such corporation shall be conducted by a
board of trustees, subject to the provisions of this act; the g«Jg«[
present trustees of the Syracuse women's hospital and train-
ing school for nurses shall become and be trustees of the Syra-
cuse hospital for women and children, and hold their office
during the full term for which they have heretofore been re-
spectively elected or appointed, and until the annual meeting
of said board next following the expiration of such term, or
until their successors are elected or appointed.

§ 5. The number of trustees shall be twenty-six, and they
shall be elected at such times, and for such terms as shall be
ftxed by the constitution and by-laws of said last mentioned
corporation. Seven trustees shall constitute a quorum of the
board of trustees for the transaction of all business, but a num-
ber less than a quorum may adjourn. Seven members of said
corporation shall constitute a quorum for the transaction of Quonuk
all business at the meetings of said association, but a number
less than a quorum may adjourn a meeting of the association.

§ 6. All the real and personal estate, and all the interest in
any real or personal property or estate, of every name and
nature whatsoever, and whatsoever the same may be, which is
now vested in the Syracuse women's hospital and training
school for nurses, as now constituted and organized, or which
shall hereafter be or become vested in said last mentioned cor-
poration, is hereby confirmed to, and vested forever, in the Syra-
cuse hospital for women and children, as hereby constituted,
for the sole use and benefit of said hospital, and any debt,
demand, liability, obligation or contract, incurred or entered
into by said Syracuse women's hospital and training school for
nurses, prior to the passage of this act, shall remain and be as
valid and may be enforced by or against said Syracuse hospital
for women and children, as hereby constituted, in the same man-
ner and with the same effect as if this act had not been passed.

358 LAWS OF NEW YORK. [Chap.

§ 7. The said corporation, the Syracuse hospital for women
and children, shall possess the powers conferred by, and be
subject to the provisions of the general corporation law, and
the membership corporations law, so far as the same are ap-
plicable, and subject to the act entitled "An act relating to
wills," being chapter three hundred and sixty of the laws of
eighteen hundred and sixty.

§ 8. This act shall take effect immediately.

Chap. 105.

AN ACT to amend the highway law, relative to commutation

of highway labor.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Section sixty-two of chapter five hundred and sixty-
eight of the laws of eighteen hundred and ninety, entitled ^^An
act in relation to highways^ constituting chapter nineteen of the
general laws," as amended by chapter five hundred and seventy-
nine of the laws of eighteen hundred and ninety-five, chapter nine
hundred and seventy-three of the laws of eighteen hundred and
ninety^ix, chapter three hundred and thirty-four of the laws of
eighteen hundred and ninety-seven, chapter three hundred and
forty-five of the laws of eighteen hundred and ninety-nine and
chapter one hundred and fifty-three of the laws of nineteen hun-
dred, is hereby amended to read as follows:

§ 62. Commutations. — Every person and corporation shall
work the whole number of days for which he or it shall have
been assessed, except such days as shall be commuted for, at
the rate of one dollar per day and such commutation money
shall be paid to the overseers of highways of the district in
which the labor shall be assessed, within at least twenty-four
hours before the time, when the person or corporation is re-
quired to appear and work on the highways; but any corpora-
tion must pay its commutation money to the commissioners of
highways of the town, who shall pay the same to the overseers
of the districts, respectively, in which the labor commuted for
was assessed except in the counties of Rensselaer, Chemung,

106.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 859

Onondaga, Columbia, Otsego, Chautauqua, Chenango, Madison,
Wayne, Erie, Franklin, Sullivan, Tioga, Saratoga, Broome,
Orange, Ontario, Genesee, Essex, Schenectady, Livingston,
Schuyler, Monroe, Oneida, Niagara, Orleans, Saint Lawrence,
Oswego, Clinton and Jefferson where such commutation money
shall be paid on or before the first day of June in each year to
the commissioner or commissioners of highways of the town in
which the labor shall be assessed, and such commutation money
shall be expended by the commissioner or commissioners of
highways upon the roads and bridges of the town as may be
directed by the town board.
§ 2. This act shall take effect immediately.

Ctiap. 106.

AN ACT to amend section eighty-three of the code of civil
procedure relating to the duties of stenographers.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the. State of "New York, represented in^ Senate and
Assymhltft do enact as follows:

Section 1. Section eighty-three of the code of civil procedure
is hereby amended to read as follows:

§ 83. General duty of stenographers; notes when to be filed.
— Each stenographer specified in this act must, take full stenog-
raphic notes of the testimony and of all other proceedings in each
cause tried or heard. The court, or a judge thereof, may, in its
or his discretion, upon or without an application for that purpose
make an order directing the stenographer to file with the clerk,
forthwith or within a specified time, the original stenographic
notes taken upon a trial or hearing, whereupon the stenog-
rapher must file the same accordingly. Such stenographer
shall take complete stenographic notes of each ruling or
decision of the presiding judge^ and when the trial is by jury
each and every remark or comment of such judge during the
trial, when requested so to do by either party, together with
each and every exception taken to any such ruling, decision,
remark or comment by or on behalf of any party to the action.
In case of an appeal, every remark or comment of such judge

36U LAWS OP NEW YORK. [Chap.

during the trial, duly excepted to, shall be the subject of
review, but the case and exceptions on appeal shall be
settled by the trial justice as now provided by law. After
any such ruling, decision, remark or comment has been
made the same shall not be altered or amended by the stenog-
rapher, or the judge presiding at the trial without the consent
of the party excepting thereto whether the same is made during
the charge of the court to the jury or at any other time during
the trial. The stenographer shall, upon the payment of his fees
allowed by law therefor, furnish a certified transcript of the
whole or any part of his minutes, in any case reported by him,
to any party to the action requiring the same.
§ 2. This act shall take effect immediately.

Chap. 107.

AN ACT to amend chapter five hundred and sixty-two of the
laws of eighteen hundred and ninety, entitled "An act to
revise the charter of the village of Alden," in relation to
the powers of treasurer.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented iiv,'SefUite and
A88€fnhli/y do enact as follows:

Section 1. Section sixteen of title two of chapter fiye hundred
and sixty-two of the laws of eighteen hundred and ninety, en-
titled "An act to revise the charter of the village of Alden," is
hereby amended so as to read as follows:

§ 16. The treasurer of the village is its chief fiscal oflficer.
He shall receive all moneys belonging to the village, and keep
SrSuuek ^° accurate account, of all receipts and expenditures thereof,
showing the funds for which, and the persons from whom, such
moneys are received, and the funds from which, and the persons
to whom, such moneys are paid. He shall deposit all moneys re-
ceived by him in the banks designated by the board of trustees,
subject to his check, as treasurer. Interest on village money
belongs to the village, and must be credited by the treasurer
?ow*5Jkwii to the proper fund. No money shall be paid from the treasury
treaoury. of the villago, except in pursuance of a judgment or order of a

lt)8.] ONE HUNDRED AND TWENTY FIFTH SESSION. 361

court, or an audit and allowance by the board of trustees, and
an order designating the fund, signed by the president and coun-
tersigned by the clerk, or by an order of the board of water com-
missioners, signed by the president and countersigned by the
clerk of the said board of water commissioners upon a fund
within its jurisdiction. The treasurer shall not draw any money
so deposited by him, except in pursuance of such judgment or
order. He shall report,- in writing, to the board of trustees
when requested, the amount of money received by him since
his last report, the sources thereof, and the true state of the
treasury, which reports shall be filed with the village clerk. He
shall, on or before the fifth day of February in each year, file Ajmuai^^
with the village clerk an accurate, detailed and verified state •«»^°»««»*'
menty showing all moneys paid into the village treasury during
the previous fiscal year, the persons by whom, and the funds
for which, the same were paid, all expenditures from the treas-
ury duriDg such year, the persons to whom, and the funds from
which, such moneys were paid, the balance in the treasury to
the credit of each fund at the commencement and at the end of
the fiscal year, and all indebtedness of the village outstanding,
to whom, so far as practicable, the same is owing, upon what
account, and when payable. The treasurer shall make such fur-
ther reports as may be required by the board of trustees.
§ 2. This act shall take effect immediately.

Chap. 108.

AN ACT to amend chapter four hundred and sixteen of the
laws of nineteen hundred, entitled "An act to establish a
state hospital in some suitable location in the Adirondacks
for the treatment of incipient pulmonary tuberculosis, and
making an appropriation therefor," in relation to the recep-
tion and maintenance of free patients.

Became a law» March 12, 1902, with the approval of the Governor. Passed*

three-fifths being present.

The People of the State of New \Torkf represented m Senate and
Assemhly, do enact as follows:

Section 1. Section thirteen of chapter four hundred and
sixteen of the laws of nineteen hundred, entitled "An act to

362 LAWS OF NEW YORK. [Chap.

establish a state hospital in some suitable location in the
Adirondacks for the treatment of incipient pulmonary tuber-
culosis, and making an appropriation therefor," is hereby
amended to read as follows:

§ 13. Free patients. — The trustees of said hospital to be
appointed under and pursuant to the provisions of this act,
and their successors, are hereby given power and authority to
receive therein patients who have no ability to pay, but no
person shall be admitted to the hospital who has not been
a citizen of this state for at least one year preceding the
date of application. Every person desij*ing free treatment in
said hospital shall apply to the local authorities of his or her
town, city or county having charge of the relief of the poor,
who shall thereupon issue a written request to the superin-
tendent of said hospital for the admission and treatment of
such person. Such request shall state in writing whether the
person is able to pay for his or her care and treatment while
at the hospital, which request and statement shall be kept on
file by the superintendent of the hospital. Such requests shall
be filed by the superintendent in a book kept for that purpose
in the order of their receipt by him. When said hospital is
completed and ready for the treatment of patients, or when-
ever thereafter there are vacancies caused by death or re-
moval, the said superintendent shall thereupon issue a request
to an examining physician, appointed as provided for in sec-
tion twelve, in the same city or county, and if there be no such
examining physician in said city or county then to the nearest
examining physician, for the examination by him of said patient.
Upon the request of such superintendent said examining physi-
cian shall examine all persons applying for free admission and
treatment in said institution, and determine whether such per-
sons applying are suffering from incipient pulmonary tuber-
culosis. No person shall be admitted as a patient in said in-
stitution without the certificate of one of said examining phy-
sicians certifying that such applicant is suffering from incipient
pulmonary tuberculosis, and if upon the reception of a person

at such hospital, it is found by the authorities thereof that
he is not suffering from incipient pulmonary tuberculosis, or
is suffering from pulmonary tuberculosis in such an advanced
stage as to prevent his deriving any benefit from care and

108.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 363

treatment at such hospital, he shall be returned to the place
of his residence, and the expense of transportation to and from
the hospital shall be paid by said local authorities. Admissions
to said hospital shall be made in the order in which the names
of applicants shall appear upon the application book to be
kept as above provided by the superintendent of said hospital,
in so far as such applicants are subsequently certified by the
said examining physician to be suffering from incipient pul-
monary tuberculosis. Every person who is declared as herein
provided to be unable to pay for his or her care or treatment
shall be transported to and from the hospital at the expense
of said local authorities, and cared for, treated and maintained
therein at the expense of the municipality which would other-
wise be chargeable with the support of such poor or indigent
person; and the expense of transportation, treatment and
maintenance shall be a county, city or town charge, as the
case may be.

§ 2. Section fifteen of sach chapter is hereby amended to
read as follows:

§ 15. Support of free patients. — ^At least once in each month
the superintendent of the hospital shall furnish to the comp-
troller a list countersigned by the treasurer of the hospital of
all the free patients in the hospital, together with sufficient
facts to enable the comptroller to collect from the proper local
official having charge of the relief of the poor such sums as
may be owing to the state for the examination, care, treat-
ment and maintenance of the patients who have been re-
ceived by the hospital and who are shown by the statement of
such local official to be unable to pay for their care, treatment
and maintenance. The comptroller shall thereupon collect from
the said local official the sums due for the care, treatment and
maintenance of each such patient at a rate not exceeding five
dollars 'per week for each patient.

§ 3. This act shall take effect immediately.

364

LAWS OF NEW YORK.

[Chap.

Powers of
corpoia-

ttOQ.

DlBtiilm-
tlon of
assets.

109.

AN ACT to amend chapter fifty-nine of the laws of eighteen
hundred and eighty-two, entitled "An act to incorporate the
Buffalo merchants' exchange", and the acts amendatory
thereof and supplementary thereto.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Tork, represented iw Senate and
Assembly y do enact as follows:

Section 1. Section eleven of chapter fifty-nine of the laws of
eighteen hundred and eighty-two, entitled "An act to incor-
corporate the Buffalo , merchants' exchange," as amended by
chapter four hundred thirty-two of the laws of eighteen hun-
dred and eighty-four, chapter five hundred forty-nine of the
laws of eighteen hundred and eighty-seven and chapters nine
and two hundred seventy-eight of the laws of eighteen hundred
and ninety-one, is hereby amended so as to read as follows :

§ 11. Said corporation may make provision for the widows
and families of deceased members, and shall have power to
create a gratuity fund, whereby a gratuity may be provided
for the representatives of a deceased member. Such
members of said corporation as shall agree thereto may be
assessed such sums as shall be provided in the by-laws of said
corporation, upon the death of any such member, which
sum, or such proportion thereof as the by-laws may provide,
and such proportion of the surplus income of said corporation
as the by-laws provide, may be paid to the widow, children, next
of kin, or other person dependent upon said deceased member,
in such manner as the said by-laws shall prescribe. But no
such assessment shall be made upon, and no such payment shall
affect the proportionate share in the property of such corpora-
tion of any member not consenting thereto. The trus-
tees of said corporation, however, may at any time termi-
nate said gratuity fund and repeal the by-laws relating thereto;
and they shall distribute the assets which have accumulated
under the operation of said by-laws, after paying all expenses
and liabilities of said gratuity fund, amongst the members
thereof and the Buffalo merchants' exchange, pro rata and in

110.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 365

I»roportion to the amount paid into said gratuity fund by such
member and the said Buffalo merchants' exchange upon secur-
ing the written consent of the suryiving members of such
fatuity fund.

§ 2. This act shall take effect immediately.

Ctiap. IIO.

AN ACT to amend chapter one hundred and sixty of the laws
of eighteen hundred and sixty-eight, entitled "An act to in-
corporate the village of Montour Palls, in the town of
Montour, county of Schuyler, and to repeal its present
charter,*' relative to duties of collector.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Section thirty-nine of chapter one hundred and
sixty of the laws of eighteen hundred and sixty-eight, entitled
"An act to incorporate the village of Montour Falls, in the town
of Montour, county of Schuyler, and to repeal its present char-
ter," is hereby amended to read as follows:

§ 39. Upon the delivery to him of any such roll and warrant,
the collector shall deposit with the village clerk a copy of the Dutjof
warrant, with his receipt endorsed thereon, acknowledging the c""««io'-
reception by him of the original roll and warrant, and there-
upon shall proceed to receive and collect the taxes in said roll
specified. It shall be his duty immediately to publish notice, Kotwor
by posting the same in three public places in said village, ^^
designating some convenient place within the village, for re-
ceiving payment of taxes, for thirty days next after
a day in said notice to be specified. And any person may pay
his taxes at the time and place so designated, on paying
one per centum fees thereon. Such collector shall not receive
over one per centum for receiving and collecting any coiiectora
taxes within the said thirty days, and thereafter he
shall proceed to collect the unpaid taxes in his roll specified,
in the manner provided by law for county taxes, and shall have

366 LAWS OF NEW YORK. [Chap.

Toih^tor*!' and possess the powers and authority conferred by law on the
collectors of county taxes, and shall in like manner pay over
all moneys, collected by him to the village treasurer, and take
his receipt therefor. The collector shall make returns to the
village board of trustees of the amount collected and
paid over by him, and of the taxes remaining unpaid, and
by making return on oath to the trustees similar in
all respects to the oath required by law of the collector of
county taxes, he shall be credited by the trustees with the
amount so remaining due and unpaid. Upon all laxe^ coUeoled
after said thirty days, such collector shall be entitled to collect
and receive five per centum for hia foes.
§ 2. This act shall take effect immediately.

Ctiap. 111.

AN ACT to amend the forest, fish and game law in relation to
the taking or possession of plover and other birds.

Became a law, March 12, 1902. with the approval of the Governor. Passed*

a majority being present

The People of the, State of New .Tork, represented in\ Senate and
Assemhly, do enact as folloics:

Section 1. Section thirty of chapter twenty of the laws of
nineteen hundred, as amended by chapter ninety-one of the laws
of nineteen hundred and one, entitled "An act for the protec-
tion of the forests, fish and game of the state, constituting
chapter thirty-one of the general laws," is hereby amended to
read as follows:

§ 30. Plover and other birds; close season. — ^Wilson, (called
English snipe,) yellow legs, plover, rail, mud-hen, gallinule,
surf-birds, curlew, water-chicken, jack-snipe, bay-snipe or shore
birds, shall not be taken or possessed from May first to August
thirty-first, both inclusive.

§ 2. This act shall take effect immediately.

112.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 367

Chap. 112.

AN ACT to amend the tax law in relation to the taxation of

special franchises as real property.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section forty-two of chapter nine hundred and
eight of the laws of eighteen hundred and ninety-six, entitled
"An act in relation to taxation, constituting chapter twenty-
four of the general laws," as added by chapter seven hundred
and twelve of the laws of eighteen hundred and ninety-nine and
amended by chapter two hundred and fifty-four of the laws of
nineteen hundred, is hereby amended to read as follows:

§ 42. Assessment of special franchises. — The state board of
tax commissioners shall annually fix and determine the valu-
ation of each special franchise subject to assessment in each
city, town, or tax district. After the time fixed for hearing
complaints the tax commissioners shall finally determine the
valuation of the special franchises, and shall file with the
clerk of the city or town in which said special franchise is
assessed a written statement duly certified by the secretary
of the board of the valuation of each special franchise assessed
therein as finally fixed and determined by said board; such
statement of valuation shall be filed with the town clerk of
the respective towns within thirty days next preceding the
first day of July in each year; and with the clerks of cities of
the state within thirty days before the date set opposite the
name of each city in the following schedule. In the city of
New York such statement shall be filed with the department of
taxes and assessments.

SCHBDULB OF DaTBS FOR FlUNO OF ASSESSMENTS OF SPECIAI»

Franchises.

Ntm« of eity. Data

Rochester, April first.
Jamestown, April flrsL
Ithaca, April first.
Buffalo, April first.
Gloversville, April first.

368 LAWS OF NEW YORK. [Chap.

Nam* of eity. Data

Auburn, May first.
New York city April first.
Schenectady, June first.
Corning, June first.
Hornellsville, June first.
Oswego, June first.
North Tonawanda, July first.
Olean, July first.
Syracuse, July first.
Cohoes, July first.
Ogdensburg, July first.
Dunkirk, July first.
Troy, July first.
Rome, July first.
Watertown, July first.
Elmira, July first.
Lockport, July first.
Utica, July first.
Poughkeepsie, July first.
Little Palls, July first.
Watervliet, July first.
Niagara Falls, July first.
Kingston, July first.
Newburgh, July first.
Hudson, July first.
Amsterdam, July first.
Binghamton, July first.
Geneva, July first.
Middletown, July first.
Johnstown, July first.
Yonkers, October first.
New Rochelle, October first.
Albany, October first.
Mount Vernon, October first
Rensselaer, July first.
Oneida, October first.
Cortland, October first.

Each city or town clerk shall, within five days after the re-
ceipt by him of the statement of assessment of a special fran-

112.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 369

chise by the state board, deliver a copy of such statement certi-
fied by him to the assessors or other oflQcers charged with the
duty of making local assessments in each tax district in said
city or town and to the assessors of villages and commissioners
of highways within their respective towns and villages. The
valuations of every special franchise as so fixed by the state
board shall be entered by the assessors or other ofllcers in the
proper column of the assessment roll before the final revision
and certification of such roll by them, and become part thereof
with the same force and effect as if such assessment had been
originally made by such assessor or other oflScer. If a special
franchise assessed in a town is wholly within a village, the valu*
ation Hxed by the state board for the town shall also be the
valuation for the village. If a part only of such special fran-
chise is in a village, or is in a village situated in more than one
tax district, it shall be the duty of the village assessors to
ascertain and determine what portion of the valuation of such
franchise, as the same has been fixed by the state board, shall
be placed upon the tax roll for village purposes. The valu-
ation apportioned to the town shall be the assessed valuation
for highway purposes, and in case part of such special franchise
shall be assessed in a village and part thereof in a town outside
a village, the commissioners of highways of the town -and vil-
lage shall meet on the third Tuesday in August in each year
and apportion the valuation of such special franchises between
such town outside the village and such village for highway
purposes. In case of disagreement between them the decision
of the supervisor of the town shall be final. The town asses-
sors shall make an apportionment among school districts at
the time and in the manner required by section thirty-nine of
this chapter. The valuation so fixed by the state board shall
be the assessed valuation on which all taxes based on such
special franchise in the city, town or village for state, munici-
pal, school or highway purposes shall be levied during the next
ensuing year. It shall not be necessary for the state board
of tax commissioners to give notice to any person, copartner-
ship, association or corporation of the valuation of a special
franchise located in any village for village purposes except in
a case where such valuation is required to be made for such

370 LAWS OF NEW YORK. [Chap.

Tillage purposes by the state board of tax commissioners. Th<*
assessors or other taxing officer, or other local officer in any
city, town or Tillage, or any state or county officer, shall on
demand furnish to the state board of tax commissioners any
information required by such board for the purpose of deter-
mining the Talue of a special franchise.
§ 2. This act shall take effect immediately.

Chap. 113.

AN ACT to amend chapter six hundred and forty-three of the
laws of eighteen hundred and ninety-nine, relating to the re-
payment of installments of assessments on account of the
opening of Prospect ayenue in the former town of Platbush,

city of New York.

Accepted by the city.

Became a law, March 12, 1902, with the approTal of the Governor. Passed^

three-fifths being present.

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

Section 1. Section two of chapter six hundred and forty-three
of the laws of eighteen hundred and ninety-nine entitled '^Ad
act in relation to the opening of the highway or avenue known
as Prospect aTenue, in the former town of Flatbush, Kings
county, now a part of the city of New York," is hereby amended
to read as follows:

§ 2. The owner or owners of any piece or parcel of land within
the said district of assessment may, if they so elect, pay the
whole one-third of such assessment with which said piece or
parcel of land is hereby charged, within six months from the
passage of this act, in full discharge of said land from the
assessment now thereon. If the owner or owners of the land
Anntiai aforesaid so elect, the payments may be made in annual install-
mentc ments during the period of ten years and six months next after
the passage of this act. Where the owners elect to pay in
installments, interest at the rate of seven per centum per an-
num shall be charged upon each installment from and after six
months from the passage of this act until the same shall be

Payment of

114.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 371

paid. After said assessment has been laid as reduced by this
act, the comptroller of the city of New York is hereby au- gJIJJ:
thorized and directed to repay to any person or corporation, » i5^**
who, as owner of the premises assessed, has paid an original
assessment for said improvement prior to said reduction, a sum
of money equal to the difference between the amount so paid,
including interest or default, and the amount of such assess*
ment as reduced by this act.

§ 2. All acts and parts of acts inconsistent herewith are
hereby repealed.

§ 3. This act shall take effect immediately.

Ctiap. 114.

AN ACT to amend sections twenty-six hundred and twenty and
twenty-six hundred and thirty-five, of the code of civil pro-
cedure, relating to the withdrawal of original wills from sur*
rogates' offices.

Became a law, March 12, 1902, with the approval of the Governor. Passed^

three-fifths being present

The People of the State of New York, represented tn, Senate ani
Assembly^ do enact as follows:

Section 1. Section two thousand six hundred and twenty of
the code of civil procedure is hereby amended so as to read as
follows:

§ 2620. Proof of handwriting. — If all the subscribing wit-
nesses to a written will are, or if a subscribing witness, whose
testimony is required, is dead, or incompetent, by reason of lun-
acy or otherwise, to testify or unable to testify; or if such a
subscribing witness is absent from the state; or if such a sub-
scribing witness has forgotten the occurrence, or testifies
against the execution of the will; the will may nevertheless be
established, upon proof of the handwriting of the testator, and
of the subscribing witnesses, and also of such other circum^
stances, as would be sufficient to prove the will upon the trial
of an action. Where a subscribing witness is absent from the
state, upon application of either party, the surrogate shall cause
the testimony of such witness to be taken by commission, wheo

)72 LAWS OF NEW YORK. [Chap.

it is made to appear that by due diligence such testimony may
be obtained. Where a written will is proved, as prescribed in
this section, it must be filed and remain in the surrogate's office.
But when it shall be shown, by affidavit or otherwise, to the sat-
isfaction of the surrogate, that the decedent left real or per-
sonal property in another state or territory of the United
States or in a foreign country, and that the laws of such state,
territory or country require the production of the original will
before the provisions thereof become effective, the surrogate
may, at any time after probate, and upon such notice to the
parties interested in the estate as he may think proper, cause
any original will remaining on file in his office to be sent by
post or otherwise to any court which, or to any officer of such
state, territory or country who, under the laws thereof, is em-
powered to receive the same for probate, or may deliver such
will to any person interested in the probate thereof in such
state, territory or country, or to his representative, upon such
terms as he shall think proper for the protection of other par-
tics interested in the estate. Where in any matter before the
surrogate or in a surrogate's court the testimony of any witness
shall be taken by or on commission, the same, together with
the commission on which it is taken, shall be duly filed in the
office of the surrogate but need not be recorded. The testimony
or other proceeding duly taken to be used before the surrogate
or surrogate's court, by a stenographer, shall be filed and need
not be recorded.

§ 2. Section two thousand six hundred and thirty-five of the
code of civil procedure is hereby amended so as to read as
follows:

§ 2635. Wills to be returned after probate. — Except where
special provision is otherwise made by law, or where the surro-
gate sends a will into another state or territory or into a foreign
country, or delivers it to a party in interest, as provided in
section two thousand six hundred and twenty of this act, a
written will, after it has been proved and recorded, must be
retained by the surrogate, until the expiration of one year after
it has been recorded, and, if a petition for the revocation of
probate thereof is then filed, until a decree is made thereupon.
It must then be returned, upon demand, to the person who
delivered it, unless he is dead, or a lunatic, or has removed from

115.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 873

the state; in which case, it may, in the discretion of the surro-
gate, be delivered to any person named therein as devisee, or
to an heir or assignee of a devisee; or, if it relates only to per-
sonal property, to the executor, or administrator, with the will
annexed, or to a legatee.
§ 3. This act shall take effect immediately.

Ctiap. 115.

AN ACT to amend chapter seven hundred and sixty-nine of the
laws of eighteen hundred and ninety-six, entitled "An act ta
provide for supplying the village of White Plains with water
and authorizing the issue of bonds therefor, and to create a
board of water commissioners for said village/' in regard to
ballotting for water commissioners.

Became a law, March 12, 1902, with the approval of the Governor. Passed^

three-fifths being present.

The People of the State of New Torky represented iUi Senate and
Assemhlyy do enact as follows:

Section 1. Section one of chapter seven hundred and sixty-
nine of the laws of eighteen hundred and ninety-six, entitled
"An act to provide for supplying the village of White Plains
with water and authorizing the issue of bonds therefor, and to
create a board of water commissioners for said village " is here-
by amended so as to read as follows:

§ 1. The following five persons, to wit, William Hunt Gedney, ^^^^
John P. Moran, John M. Digney, George A. Thompson and »*~*oiieM.
Jeremiah T. Lockwood, are hereby designated and entitled the
board of water commissioners of the village of White Plains.
Three of said commissioners shall hold their ofllces for three Terms of

conimlft*

years and two of them for two years, respectively, from the first •*«>*»^'^
day of January succeeding the next annual election of village
officers for said village, after the passage of this act, and until
others shall be chosen to fill their places. The term of office
of each, of said commissioners shall be determined between
them by casting lots as hereinafter provided. At the expira-
tion of the terms so drawn, respectively, and at each annual
election in said village thereafter, when the time of any commis- Eiectuw.

874 LAWS OF NEW YORK. [Chap.

cioner or commissioners shall expire, commissioners shall be
elected to fill the vacancies then existing, who shall hold their
oflSce for two years, and shall be taxpayers of the village of
White Plains and residents of the said town or village. They
ehall be ballotted for on the same ballot as the other elective
oflScers of said village and shall be canvassed and the result
declared in the same manner as is provided for the canvass of
the ballots for other elective oflScers of said village. If any
vacancy shall occur in the oflftce of the commissioner by death,
resignation, removal from said village or other cause the same
shall be filled by appointment by the board of trustees of the
Village, and the person or persons so appointed shall hold said
oflSce for the residue of the term of the commissioner for whose
vacancy such appointment shall be made.
I 2. This act shall take effect immediately.

Chap. 116.

KLN ACT to amend the penal code in relation to increasing the
time of imprisonment for unsuccessful attempts to commit
a crime.

Became a law, March 12, 1002, with the approval of the Governor. Passed,

three-flftlis belDg present.

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

Section 1. Section six hundred and eighty-six of the penal
<!ode of the state of New York is hereby amended to read as
follows:

§ 686. A person who unsuccessfully attempts to commit a
crime is indictable and punishable, unless otherwise specially
prescribed by statute, as follows:

1. If the crime attempted is punishable by the death of the
offender, or by imprisonment for life, the person convicted of
the attempt is punishable by imprisonment for not more than
twenty-five years.

2. In any other case, he is punishable by imprisonment for
tiot more than half of the longest term, or by a fine not more
than one-half of the largest sum prescribed upon a conviction

117.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 375

lor the commiBsion of the ofFense attempted, or by both such
Hue and impriBonment.

§ 2. This act Bhall take effect September first, nineteen. hun-
dred and two.

Ctiap. 117.

AN ACT to amend the poor law, authorizing the supervisop of
a town to accept convejanceB of real property and to mort-
gage and convey the Bame.

Became a law, March 12, 1902, with the approval of the Goyernor. Passed,

three-fifths being present.

TTie People of the State of New York, represented in. Senate and
Asseniblj/f do enact as follows:

Section 1. Article eight of chapter two hundred and twenty-
five of the laws of eighteen hundred and ninety-six, entitled
**An act in relation to the poor, constituting chapter twenty-
eeven of the general laws," is hereby amended by adding at
the end thereof a new section to be known as section one hun-
dred and forty-three, and to read as follows:

§ 143. The supervisor of a town may as such ofBcial accept a JJSJJJ^
deed or conveyance of real property or mortgage thereon in be- JJ^f
half of the town, and sell and convey such real property or mort- *"®*^
gage the same after the expiration of one year from the date of
such conveyance or mortgage for the care and maintenance of a
poor person. No such deed or conveyance shall be accepted by
him, unless by the written consent of the town board given at
any regular meeting thereof. Such consent shall be filed in the
office of the town clerk. The person or persons giving such
deed or mortgage may within one year from the date of such
conveyance or mortgage secure a conveyance or cancellation
of said deed or mortgage upon payment to said supervisor of
the expense incurred by such town for taxes and necessary
repairs on said property and also in maintaining such person
or persons.

§ 2. This act shall take effect immediatelj*

376 LAWS OF NEW YORK. [Cuap.

Chap- 118.

AN ACT to amend chapter thirty of the laws of eighteen hun-
dred and eighty-five, entitled "An act to amend, revise and
consolidate the several acts relating to the village of Oneonta,
in the county of Otsego," and the several acts amendatory
thereof, in relation to indebtedness.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being preseat.

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

Section 1. Section sixty-three of chapter thirty of the laws
of eighteen hundred and eighty-five, entitled "An act to amend,
revise and consolidate the several acts relating to the village
of Oneonta, in the county of Otsego," and the several acts
amendatory thereof, are hereby amended to read as follows:

§ 63. The trustees shall not be authorized or allowed to issue
any bond, give any note, or incur any indebtedness in any form
or manner against the corporation, except as provided in this
wuvSoSLa ^^^9 ^^ ^y special acts of the legislature, and authority is here-
by conferred upon the board of trustees in behalf of and upon
the faith and credit of the village to borrow money temporarily
or by creating a funded debt for the purpose of complying with
any orders or directions of the board of railroad commissioners
of the state of New York regarding changing streets crossing
railroads at grade to crossings not at grade including pave-
ment of such crossings or the approaches thereof or thereto;
also for the purpose of payment by the village of the cost of
repairs and pavement between the tracks, the rails of the tracks
and two feet in width outside of the tracks of any street surface
railroad corporation using its tracks in any street, avenue or
public place in the village upon and after the petition for paving
elsewhere required by this act and upon the failure of said rail-
road corporation or corporations to repair or pave after notice
so to do as* provided by the general railroad law or upon and
after said petition for paving and in accordance with any con-
tract for paving permitted by law with said railroad corporation
or corporations; also for the purpose of paying the amount of
any judgment or judgments for injuries resulting from negli-

lo barrow

118.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 377

gence recovered against the village; also for the purpose of
refunding any bond or bonds now or hereafter issued as pro-
vided in the general municipal law. Certificates of indebted- SfiSdlSJJS.
ness issued for any of said purposes need not be issued in an- """
ticipation of taxes of the current fiscal year and may be in
excess of the amount of such taxes and may run after such
taxes are paid into the treasury of the corporation and for a
longer time than eight months, and may be renewed from time
to time as may be necessary, but certificates of indebtedness for
any one of said purposes shall not run or be renewed for a
longer time than until the total final aggregate amount thereof
for that purpose can be ascertained with certainty and for re-
funding bonds and paying judgments shall not run for a longer
time than one year. Certificates of indebtedness for any of
said purposes, if other provision for payment shall not have
been made by the board of trustees, or if not otherwise paid,
must be redeemed and retired by bonds of the village of form
and tenor prescribed by the general village law and the general
municipal law, but bonds for the cost of change of streets cross- Bond*,

Wh6Il PA^

ing railroads at grade to crossings not at grade may be made *"••
payable later than thirty years from date. Bonds issued for
any of said purposes or for the redemption of such certificates
of indebtedness may be sold by the board of trustees, without
providing in the resolution authorizing the same for raising by
tax a sum sufficient to pay the interest and principal, as the
same shall become due and without a vote of the taxpayers of
the village to supply or provide for the same. Bonds shall not
be sold or issued for the cost of change of streets crossing rail-
roads at grade to crossings not at grade directed by the board
of railroad commissioners of the state of New York or for the
cost of pavement or repairs between the tracks, the rails of the
tracks and two feet in width outside the tracks of any street
surface railroad corporation until the completion of the work,
except in accordance with any contract for pavement with said
railroad corporation permitted by law, and any sum or sums
shall when received on account of such cost or expense be ap-
plied to the retirement, redemption or payment of such original
indebtedness. Certificates of indebtedness and bonds issued for
the purposes specified herein shall not be negotiated for less
than par and bonds shall be sold as provided by section one

378 LAWS OF NEW YORK. [Chap.

ind pTinci- huiidred and twenty-nine of the general village law. The in-
pilld^^of terest on all bonds of the village as the same becomes due shall

■aauiU tiiz

^''j- be paid out of the annual tax levy, and the principal of all bonds
as the same becomes due shall be paid out of the annual tax
levy or out of moneys hereby authorized to be raised for that
purpose by tax in addition to the annual tax levy, or the princi-
pal thereof be refunded by new bonds, and in the year nineteen
hundred and seven and in each year thereafter there shall be
paid by the village upon the principal of its funded debt a sum
which shall at least equal three per centum, but not exceed five
per centum of the funded debt outstanding December thirty-first
of the year preceding, but any excess over such percentage may
be paid out of the annual tax levy.
§ 2. This act shall take effect immediately.

Chap. 119.

AN ACT to provide for the holding of county courts in and for
the county of Steuben in the city of Hornellsville, New
York.

Became a law, March 12, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. County courts in and for the county of Steuben,
including terms at which issues of fact are triable by jury, may
be held at the city hall in the city of Hornellsville in said county,
in addition to the county courts now required by law to be
held at the village of Bath and at the city of Corning in said
county.

§ 2. The county judge of Steuben county may from time to
time appoint such additional trial terms of county court, such
appointments to be filed and published as now provided by law,
and jurors for such trial terms shall be drawn from the jury
districts in which said city of Hornellsville is located.

§ 3. This act shall take effect immediately.

120.] ONE HUNDRED AND TWENTYFIFTH SESSION. 879

Clnap. 120.

AN ACT to amend chapter two hundred and fourteen of the
laws of eighteen hundred and eighty-eight, entitled "An act to
revise the charter of the city of Binghamton," relative to
funds to be raised for certain purposes.

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Passed*

three-fifths being present.

The People of the State of Neto 'York, represented try Senate and
Aaaemhlyf do enact as follows:

Section 1. Section one of title six of chapter two hundred and SiinSSS!*'
fourteen of the laws of eighteen hundred and eighty-eight, en-
titled "An act to revise the charter of the t;ity of Binghamton,''
as amended by chapter one hundred and seventeen of the laws
of eighteen hundred and ninety-one, chapter thirty-two of the
laws of eighteen hundred and ninety-two, chapter two hundred
and thirty-six of the laws of eighteen hundred and ninety-three,
chapter five hundred and eighty-nine of the laws of eighteen
hundred and ninety-four, chapter eight hundred and fifty-eight
of the laws of eighteen hundred and ninety-five, chapter three
hundred and forty-four of the laws of eighteen hundred and
ninety-six, chapter seven hundred and seventeen of the laws
of eighteen hundred and ninety-seven and chapter one hundred
and eighty-seven of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 1. The common council shall have power to cause to be ^"jjj** c»t^
raised, annually, a sum not exceeding eight thousand dollars,
to defray the ordinary and contingent expenses of the city; a
further sum, not exceeding twenty-five thousand dollars, for
salaries; a further sum, not exceeding five thousand dollars, to
defray the expenses of elections; a further sum, not exceeding
two thousand five hundred dollars, for expenses of public print-
ing; a further sum of not exceeding thirty-five thousand dol-
lars, to defray the expenses of the police department; a further
sum, not exceeding thirty thousand dollars, to defray the ex-
penses of the fire department; a further sum, not exceeding
ten thousand dollars, to aid in defraying the expenses of a
non-sectarian city hospital; a further sum, not exceeding

380 LAWS OF NEW YORK. [Chap.

six thousand dollars, for expenses of the board of healthy
and examining and supervising board of plumbers and
plumbing; a further sum of not exceeding five thousand
dollars, to be paid to the park commissioners of said city, for im-
provement and management of the parks of the city; a further
sum of not exceeding fifty cents for every one hundred dollars
of the assessed valuation of the taxable property in said city,
to be determined ft*om the last annual assessment roll of said
city, to defray the expenses of providing lamps and lighting
the city, and of making, grading, repairing and improving the
highways, streets, lanes, alleys, bridges, public grounds, side-
walks, crosswalks and gutters in said city; and in addition
thereto, such further sum as may be raised for school purposes
as provided in title eleven of this act, and such further sum as
may be necessary to pay all installments of principal and
interest on the public debt of the city of Binghamton coming
due during the ensuing year; and such further sum as may be
required to pay any judgments outstanding against said city.
And out of the contingent fund herein provided, the common
ttJSrf??*" council may appropriate and expend, not to exceed five hundred
meSuTlSi. dollars in any one year, in the entertainment of guests of the
city, the decoration of public buildings, when deemed advisable,
and in carriage hire upon the occasion of any public ceremonies
in which said council may participate. But nothing in this
section shall prohibit the raising of any further sum, in any
one 3'ear, for local improvements, as in this act otherwise pro-
AM^Asment vided. All sums to be raised by a general tax, in pursuance of

of gonerAl

this act, shall, except as herein otherwise provided, be assessed
and rated upon and among the owners of real and personal
estate, incorporated companies and associations named in the
revised assessment roll, in proportion to the valuation therein
stated, in the same manner and proportion^ as near as may b<'.
as taxes in and for the county of Broome are rated and
assessed.
§ 2. This act shall take effect immediately.

122.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 881

Clnap. 121.

AX ACT to amend chapter two hundred and fourteen of the
laws of eighteen hundred and eighty-eight, entitled "An act
to revise the charter of the city of Binghamton," and the sev-
eral acts amendatory thereof, relative to salaries of alder-
men.

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of Neto 'Tork, represented iii Senate and
Aas^mhly, do enact as follows:

Section 1. Section one of title Ave of chapter two hundred
and fourteen of the laws of eighteen hundred and eighty-eight,
entitled "An act to revise the charter of the city of Bingham-
ton," as amended by chapter eight hundred and fifty-eight of
the laws of eighteen hundred and ninety-five, is hereby further
amended so as to read as follows:

§ 1. Aldermen. — ^There shall be one alderman from each ward
of said city, who shall be elected as hereinbefore provided, and
who shall receive an annual salary of three hundred dollars,
payable quarterly.

§ 2. This act shall take effect July first, nineteen hundred
and two.

. 1

AN ACT making an appropriation for the improvement of the

cell hall at Sing Sing prison.

Became a law, March 13, 1902. with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The following sums, or so much thereof as may be Appropna-

, tloii for Im-

necessary, are hereby appropriated for the improvement of the proTament.
cell hall at Sing Sing prison: For erection and completion of a
fireproof roof, nineteen thousand one hundred and fifty-nine
dollars; for providing and installing large windows, six thou-
sand dollars. Which amounts shall be paid by the treasurer

382 LAWS OF NEW YORK. [Chap.

upon the warrant of the comptroller, to be expended under the
direction of the superintendent of state prisons.
whenaTaii- g 2. No part of the several sums appropriated shall be avail-
able for any construction, improvement or purchase unless a
contract or contracts shall have first been made for the comple-
tion of such construction and equipment as the state architect
and superintendent of state prisons may decide cannot be advan-
tageously done by convict labor, and the performance of said
contracts secured by satisfactory bonds approved by the comp-
troller, nor until the state architect certifies to the comptroller
that in his judgment the balances of the several items of con-
struction and equipment herein provided for can be completed
by the use of convict labor within the appropriations therefor.
§ 3. This act shall take effect immediately.

123.

AN ACT making an appropriation of moneys collected and due
from racing associations for the promotion of agriculture.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of th& State of New Yorky represented in Senate and
AasemUy, do enact as follows:

^ppr«prt«- Section 1. The sum of ninety-eight thousand dollars of the
amount collected and due from racing associations in pursuance
of chapter four hundred and seventy-nine of the laws pf eight-
een hundred and eighty-seven, as amended by chapter one hun-
dred and ninety-seven of the laws of eighteen hundred and
ninety-four, and chapter five hundred and seventy of the laws
of eighteen hundred and ninety-five, and all acts amendator\
thereof or supplemental thereto, is hereby appropriated out of
any moneys in the treasury so collected at the time of the dis-
tribution thereof as herein provided. Such sum shall be dis-
tributed in the manLer provided by section eighty-eight of the
agricultural law and in the proportion provided therein for the
distribution of such moneys, and shall be payable by the treas-
urer on the warrant of the comptroller on the order of the
commissioner of agriculture.

§ 2. This act shall take effect immediately.

126.] ONE HUNDEED AND TWENTY-FIFTH SESSION. 88J

AN ACT to peapppopriate the sum of fifteen hundred doIIarSi
appropriated by chapter four hundred and nineteen of the
laws of nineteen hundred for repairs and betterments of the
Oriskany monument. i

Became a law, March 13, 1902, with the approval of the Gorernor. Passed,

three-fifths belDg present.

TTie People of the State of New York, represented in Senate and
Asaemhly, do enact as follows:

Section 1. The sum of fifteen hundred dollars, appropriated fjgJJ*****^
by chapter four hundred and nineteen of the laws of nineteen
hundred, is hereby reappropriated, to be used for repairs to be
made to the monument on the Oriskany battle field, and to the
Steuben monument in the county of Oneida, and for fencing
said monuments and grading the ground adjacent and the ap-
preaches thereto, and to purchase additional land about the
Oriskany monument under the direction of the Oneida historical
society of Utica, New York. The treasurer shall pay, upon the
warrant of the comptroller, issued upou tho order of the Oneida
historical society, such portion of the sum hereby reappropri-
ated as may be necessary to carry out the provisions of this
act.

§ 2. This act shall take effect immediately.

>. 1

AN ACT to amend the forest, fish and game law in relation to
the close season of woodcock in the county of Qreene.

Became a law, March 13, 1902, with the approval of the Governor. Passed^

three-fifths being present.

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

Section 1. Section twenty-four of chapter twenty of the laws
of nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," is hereby amended to read as follows:

§ 24. Woodcock; close season; special. — Woodcock shall not
be taken in the counties of Ulster and Greene, from December

384 LAWS OF NEW YORK. [C

sixteenth to September thirtieth, both inclusive; in the county
of Rensselaer from December first to September thirtieth, both
inclusive.
§ 2. This act shall take effect immediately.

Chap. 126.

AN ACT to amend the tax law, relating to the taxation of the
stockholders of banks and banking associations.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

I^eoded. Section 1. Section twenty-four of chapter nine hundred and
eight of the laws of eighteen hundred and ninety-six entitled
"An act in relation to taxation, constituting chapter twenty-
four of the general laws," as amended by chapter five hundred
and fifty of the laws of nineteen hundred and one, is hereby
amended to read as follows:

of'^hlS^oc § ^^* Bank shares, how assessed. — In assessing the shares of

***^*' stock of banks or banking associations organized under the
authority of this state or the United States, the assessment and
taxation shall not be at a greater rate than is made or assessed
upon other monied capital in the hands of individual citizens of
this state. The value of each share of stock of each bank and
banking association shall be ascertained and fixed by adding to-
gether the amount of the capital stock, surplus, and undivided
profits of such bank or banking association and by dividing the
result by the number of outstanding shares of such bank or

Ratoocux. banking association. The rate of tax upon the shares of stock
of banks and banking associations shall be one per centum
upon the value thereof, as ascertained and fixed in the manner
hereinbefore provided, and the owners of the stock of banks
and banking associations shall be entitled to no deduction from
the taxable value of their shares because of the personal in-
debtedness of such owners, or for any other reason whatsoever.

2)m3il5i!i. Complaints in relation to the assessments of the shares of stock
of banks and banking associations made under the provisions
of this act shall be heard and determined as provided in article

126.] ONE HUNDRED AND TWENTYFIFTH SESSION.. 885

two, section thirty-six, of the tax law. The said tax shall be in J?i{°ollr"r
lieu of all other taxes whatsoever for state, county or local ******
purposes upon the said shares of stock, and the mortgages,
jadgmentB and other choses in action and personal property
held or owned by banks and banking associations the value
of which enters into the value of said shares of stock, shall
also be exempt from all other state, county or local taxation.
The tax herein imposed shall be levied in the following man- l^J^"^
ner: The board of supervisors of the several counties shall,
on or before the fifteenth day of December in each year, ascer-
tain from an inspection of the assessment rolls in their respeo*
tive counties, the number of shares of stock of banks and
banking associations in each town, city, village, school and
other tax district, in their several counties, respectively, in
which such shares of stock are taxable, the names of the banks
issuing the same, respectively, and the assessed value of such
shares, as ascertained in the manner provided in this act and
entered upon the said assessment rolls, and shall forthwith
mail to the president or cashier of each of said banks or bank-
ing associations a statement setting forth the amount of its
capital stock, surplus and undivided profits, the number of
outstanding shares thereof, the value of each share of stock
taxable in said county, as ascertained in the manner herein
provided, and the aggregate amount of tax to be collected and
paid by such bank or banking association, unde? the provisions
of this act. A certified copy of each of said statements shall
be sent to the county treasurer. It shall be the duty of every
bank or banking associaticrn to collect the tax due upon its gJ!*,*JJ2k?
shares of stock from the several owners of such shares, and *******•'*
to pay the same to the treasurer of the county wherein said
bank or banking association is located, and in the city
of New York to the receiver of taxes thereof on or
before the thirty-first day of December in said year;
and any bank or banking association failing to pay
the said tax as herein provided shall be liable by way of
penalty for the gross amount of the taxes due from all owners
of the shares of stock, and for an additional amount of one
hundred dollars for every day of delay in the payment of said
tax. Every bank or banking association so paying the taxes
due upon the shares of its stock shall have a lien on the shares li«ii on

25 '^^^

386

LAWS OP NEW YORK.

[CUAV.

Dlstribn-
lioQOf tax.

Warrants
for collec-
tiuu of tax.

EDrorce«
ment of col-
lection by
county
treasurer.

of stock, and on all property of the several share owners in its
hands, or which may at any time come into its hands, for reim-
bursement of the taxes so paid on account of the several share
holders, with legal interest; and such lien may be enforced in
any appropriate manner. The tax hereby imposed shall be dis-
tributed in the following manner: The board of supervisors of
the several counties shall ascertain the tax rate of each of
the several town, city, village, school and other tax districts
in their counties, respectively, in which the shares of stock of
banks and banking associations shall be taxable, which tax
rates shall include the proportion of state and county taxes
levied in such districts, respectively, for the year for which the
tax is imposed, and the proportion of the tax on bank stock to
which each of said districts shall be respectively entitled shall
be ascertained by taking such proportion of the tax upon the
shares of stock of banks and banking associations, taxable in
such districts respectively, under the provisions of this act as
the tax rate of such tax district shall bear to the aggregate
tax rates of all the tax districts in which said shares of stock
shall be taxable. The clerk of the several cities, villages and
school districts to which any portion of the tax on shares of
stock of banks and banking associations is to be distributed
under this act shall, in writing and under oath annually, report
to the board of supervisors of their respective counties, during
the first week of the annual session of such board, the tax
rate of such city, village and school district for the year
prior to the meeting of each such board. The said board of
supervisors shall issue their warrant or order to the county
treasurer on or before the fifteenth day of December in each
year, setting forth the- number of shares of bank stock taxable
in each town, city, village, school and other tax district in said
county, in which said shares of stock shall be taxable, the tax
rate of each of said tax districts for said year, the proportion of
the tax imposed by this act to which each of said tax districts is
entitled, under the provisions hereof, and commanding him to
collect the same, and to pay to the proper officer in each of such
districts the proportion of such tax to which it is entitled under
the provisions of this act. The said county treasurer shall havo
the same powers to enforce the collection and payment of said
tax as are possessed by the officers now charged by law with

127.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 887

the collection of taxes, and the said county treasurer shall be
entitled to a commission of one per centum for collecting and
paying out said moneys, which commission shall be deducted
from the gross amount of said tax before the same is dis-
tributed. In issuing their warrants to the collectors of taxe8^
the boards of supervisors shall omit therefrom assessments of 211^2^0^
and taxes upon the shares of stock of banks and banking asso- rli^^^^
ciations. All assessments of the shares of stock of banks and
banking associations made on or after January first, nineteen
hundred and one, and prior to the passage of this act, shall
be null and void, and new assessments thereof shall be made n«w aMem.

' ments after

agreeably to the provisions of this act. Provided, that in the ^»°- *» *•"*•
city of New York the statement of bank assessment and tax J^^^j;* "
herein provided for shall be made by the board of tax com- ^ontcity.
missioners of said city, on or before the fifteenth day of Decem-
ber in each year, and by them forthwith mailed to the respective
banks and banking associations located in said city, and a
certified copy thereof sent to the receiver of taxes of said city.
The tax shall be paid by the respective banks in said city to
the said receiver of taxes on or before the thirty-first day of
December in said year,»and said tax shall be collected by the
said receiver of taxes and shall be by him paid into the treasury
of said city to the credit of the general fund thereof. This
act is not to be construed as an exemption of the real estate
of banks or banking associations from taxation.
§ 2. This act shall take effect immediately.

Chap. 127.

AN ACT to amend chapter two hundred and sixty-one of the
laws of eighteen hundred and eighty-five, entitled "An act in
relation to the management of the Albany penitentiary," rela-
tive to the salary of the keeper of said penitentiary.

Became a law, March 13, 1002, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1, Section four of chapter two hundred and sixty-one ^*eiMi«a
of the laws of eighteen hundred and eighty-five, entitled "An act

388 LAWS OF NEW YORK. [Chap.

in relation to the management of the Albany penitentiary," as
amended by chapter seven hundred and sixty-one of the laws of
eighteen hundred and ninety-five, is hereby cunended so as to
read as follows:
iHSSJSt'of § 4. The Albany penitentiary commission shall within fifteen
8SSr?°" days after the tenth day of June, eighteen hundred and ninety-
five, and each five years thereafter for a period of five years, ap-
point a superintendent or principal keeper of the Albany peni-
tentiary whose salary shall be fixed by the said commission and
who shall not be engaged in any business or any other occupa-
tion or employment. They shall also by general rules fix and
^SaS^ prescribe the number of subordinate olfficers and employees who
shall be appointed by said superintendent and their respective
salaries and duties. They are also hereby authorized and em-
powered whenever in their discretion it seems to them to be for
the best interests of the county of Albany to dispense with the
services of a superintendent or principal keeper of said peniten-
tiary and place the same in the custody, care, management and
%;ontrol of the sheriff of the county of Albany, who shall serve
without any extra compensation, and who shall have the same
powers and be subject to the same duties as are now prescribed
for the superintendent of said penitentiary subject however, to
the supervision of the said commission and the duties and pow-
ers now conferred on it. The said commission are also author-
ized and empowered whenever in their discretion it is for the
best interests of the county of Albany to discontinue and close
said penitentiary and abandon its use as a prison, and to sell
the same and all the lands and appurtenances connected there-
with in the name of the county of Albany. Said commission
nlJortto shall annually between the first and tenth day of December in
rtiperviaon. ^^^^ year, present to the board of supervisors of Albany county
a report, showing in detail the receipts and disbursements of
the year, the respective sources from which money has been re-
ceived, and the respective purposes for which it has been paid
out and also a general summary of the same; the name of each
person employed and the salary or compensation paid him or
her; the cost of maintaining each prisoner in the penitentiary,
and in tabular form the number of prisoners therein each day
during the year. Said report shall also contain a statement of
the gross and net earnings if any of the penitentiary during the

129.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 880

past year, and the average earnings of the prisonere per capita
and such other information as will show the then condition of the
penitentiary and the manner of its management daring the pre-
vious year.
§ 2. This act shall take effect immediately.

AN ACT to repeal chapter five hundred and forty-one of the
laws of eighteen hundred and sixty-four, and chapter twenty-
eight of the. laws of eighteen hundred and sixty-nine, relating
to additional justices in the town of Granville, in the county
of Washington.

Became a law, March 13, 1002, with the approval of the Governor. Passed*

three-fifths being present

The People of the State of\ New York, represented in ^Senate and
AasemUy, do enact as follows:

Section 1. Chapter ^\e hundred and forty-one of the laws of iJfended
eighteen hundred and sixty-four, entitled "An act to authorize
the town of Granville, in the county of Washington, to elect
one additional justice of the peace," and chapter twenty-eight
of the laws of eighteen hundred and sixty-nine, entitled "An act
to authorize the town of Granville, in the county of Washington,
to elect an additional justice of the«peace," are hereby repealed.
But the repeal of such acts shall not abridge the terms of the
justices of the peace elected thereunder nor impair or in any
way affect the powers, duties or acts of such justices.

§ 2. This act shall take effect immediately.

Chap. 129.

AN ACT to amend the highway law relative to the purchase by
towns of road rollers and other machinery.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Section seven of article one of chapter nineteen JSJen^ec
of the general laws, known as the highway law, is hereby
amended to road as follows;

390 LAWS OF NEW YORK. • [Chap.

§ 7. Stone cnuhen and materials. — The town board and
commissioner or commissioners of highways of any town may,
when authorized by a majority vote of the electors voting
thereon, by ballot, at the annual or at a special town meeting,
purchase a machine for crushing stone, a suitable roller, and
such other machinery as may be necessary to be used, under
the direction of the commissioner or commissioners of high-
ways of said town, for the improvement of the highways
thereof, and the commissioners of highways of any such town
may, in any year, when authorized by a majority vote of the
electors voting thereon, by ballot, at the annual or at a special
town meeting expend in said year a sum not exceeding two
thousand dollars, for the purpose of purchasing stone, and
quarrying, breaking, crushing and placing the same on the
highways, in such road district or districts as the town board
may direct and defraying the expenses of operating such ma-
chine, and shall present the account and vouchers for said pur-
chases and expenses to the town board for audit, and the
amount audited, together with the cost of such stone-crushing
machine, when not before included, shall be levied and collected
as other town audits.

§ 3. This act shall take effect immediately.

Ctiap. 130.

AN ACT to amend the insanity law, relating to the deposit of

money and purchases on credit.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State ofj New Tork, represented in Senate and
Assembly, do en^ict as follows:

amended. Scctiou 1. Subdivisiou four of section forty of chapter five
hundred and forty-five of the laws of eighteen hundred and
ninety-six, entitled "An act in relation to the insane, constitut-
ing chapter twenty-eight of the general laws," as amended by
chapter twenty-six of the laws of nineteen hundred and two,
is hereby amended to read as follows:

4. Deposit all money received from the comptroller on
account of estimates in a bank designated by the comptroller

130.] ONE HUNDRED AND TWENTY FIFTH SESSION. 891

conveniently near the hospital, in his name as treasurer, and
send each month to the comptroller and to the commission a
statement, sho^.7ing the amount so received and deposited and
from v?hom and for what received, and when such deposits were
made. Such statement of deposits shall be certified by the
proper ofiQcer of the bank receiving such deposit. The superin-
tendent as treasurer shall make an affidavit to the effect that
the sum so deposited is all the money received by him, from any
source of hospital income up to the time of the last deposit ap-
pearing on such statement. A bank designated by the comp-
troller to receive such deposits shall, before any deposit is made,
execute a bond to the people of the state, in a sum approved
by the comptroller, for the safe keeping of the funds deposited.

§ 2. Section forty-one of such chapter, as amended by chapter
twenty-six of the laws of nineteen hundred and two, is hereby
amended to read as follows:

§ 41. Konthly statements of receipts and expenditures; vouoli"
crs. — ^The superintendent as treasurer of each state hospital
shall, on or before the fifteenth day of each month, make to
the comptroller and to the commission a full and perfect state-
ment of all the receipts and expenditures, specifying the several
items,, for the last preceding calendar month. Such statement
shall be verified by the affidavit of the treasurer attached there-
to, in the following form:

I, , treasurer of the state hos-
pital, do solemnly swear that I have deposited in the bank
designated by law for such purpose, all the moneys received
by me on account of the hospital during the last month, and
I do further swear that the foregoing is a true abstract of all
the moneys received and payments made by me or under my
direction as such treasurer during the month ending on the
day of 19. . • .

There shall also be attached thereto the affidavit of the
steward, to the effect that the goods and other articles therein
specified were purchased and received by him, or under his direc-
tions, at the hospital ; that the goods were purchased at a fair
cash market "price and paid for in cash, or on credit, not ex-
ceeding sixty days, and that he, or any person in his behalf,
had no pecuniary or other interest in the articles purchased;
that he received no pecuniary or other benefit therefrom in the

392 LAWS OP NEW YORK. [Chap.

way of commission, percentage, deductions or presents, or in
any other manner whatever, directly or indirectly; that the
articles contained in such bill were received at the hospital;
that they conformed in all respects to the invoiced goods re-
ceived and ordered by him, both in quality and quantity. Such
statement shall be accompanied by the voucher showing the
payment of the several items contained in the statement and
the approval thereof by the superintendent, the amount of such
payment and for what the payment was made. Such approval
may be contained on an audit sheet, which shall refer to each
voucher approved by the superintendent, giving the number of
voucher, the name of the claimant and the amount at which it
was approved. Such vouchers shall be examined by the com-
mission and compared with the estimates made for the month
for which the statement is rendered, and if found correct shall
be indorsed and forwarded by the commission, with the state-
ment to the comptroller. If any voucher is found objectionable,
the comptroller shall indorse his disapproval thereon, with the
reason therefor, and return it to the treasurer, who shall pre-
sent it to the superintendent for correction, and when corrected
return it to the comptroller. All such vouchers shall be tiled
in the office of the comptroller.

§ 3. This act shall take effect April second, nineteen hundred
and two.

Chiap- 131.

AN ACT to make the office of sheriff of Suffolk county a salaried
office in part, and to regulate the management thereof.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

componsA- Section 1. The sheriff of the county of Suffolk next elected

I Ion of •'

kheriff. Qp appointed and thereafter to be elected or appointed, shall
receive as compensation for all services hereinafter enumerated
an annual salary of seventeen hundred and fifty dollars
payable quarterly, and in addition maintenance for himself and
family and jailer, turnkey and cook as hereinafter provided.

131.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 893

§ 2. Such salary and maintenance shall constitute the whole
compensation which shall be allowed or paid to or received
by said sheri£F for all the official services which may be per-
formed as sheri£F in his attendance upon any and all courts
of record held in the county of Suffolk and for all services per*
formed by him under this act or for the state of New York,
or the county of Suffolk, or chargeable thereto or which he is
or shall be required or authorized by law to perform by vir*
tue of his office as such sheriff including the care and man-
agement of the jail and the persons therein confined; and no
compensation, payment or allowance shall be made to him or
received by him for his own use for any such services except
the aforesaid maintenance and salary and the fees specified
in section ten of this act.

§ 3. All fees, emoluments and perquisites which such sheriff b^^g i"
shall charge or receive, or which he is entitled to receive as **""''•
a peace officer, or which he shall legally be authorized, re-
quired or entitled to charge or receive for conveying prison-
ers to state or other institutions, and for all other services
for the state of New York, or for the county of Suffolk for
which fees are paid shall belong to the county of Suffolk; and
it shall be the duty of said sheriff to exact, collect and receive
for said county the full amount allowed by law of all such
moneys, fees, emoluments, and perquisites.

§ 4. The sheriff, before entering upon the duties of his office,
shall execute to the people of this state, a bond in the penal b<»>^
sum of ten thousand dollars with three or more sufficient se-
curities, or a fidelity or surety company authorized by the laws
of this state to transact business therein. Such bond shall
be conditioned that said sheriff shall well and faithfully dis-
charge all the duties of his office and all trusts imposed >upon
him by the law or by virtue of his office, and shall safely K^ep
and pay over to the county treasurer all moneys which shall
come into his hands belonging to the county of Suffolk. Be-
fore the said sheriff shall enter upon the discharge of his duties
the said bond shall be approved as to its form and sureties
by a resolution of the board of supervisors of said county, and
shall be filed and recorded in the office of the county clerk of
said county, as soon as the same shall have been approved.
Said sheriff shall be responsible for the official acts of the under

394 LAWS OP NEW YORK. [Chap.

sheriff, jailer, deputies, clerk and other assistants appointed
by him, and may require and take a bond from each of them
in a good and sufficient amount conditioned for the faithful
performance of their respective duties, which shall be approved
by him and the county judge of said county, as to its form
and sufficiency, and the county of Suffolk shall in no particu-
lar be held responsible for any official act of the said sheriff,
or any of his appointees.
Books to be g g^ Such Sheriff shall keep in his office in a proper book or
books to be provided for that purpose, an exact and true ac-
count of all the official services performed by him as sheriff,
and of all fees and moneys, perquisites and emoluments re-
ceived or chargeable by him therefor pursuant to law. Such
book or books shall show when and for whom every such service
shall have been performed, its nature, the fees chargeable
therefor, and at all times, during office hours, shall be open
to the inspection of any member of the board of supervisors
of said county. This section shall not apply to any fees or
services in civil causes and proceedings.
JSrtSiy § ^- ^^^^ sheriff shall make a full and free statement for
to'SfteJis- each quarter of the year of all moneys received each day by
county him or by his under sheriff or deputies, or other official ap-
pointees for the fees, perquisites and emoluments for all serv-
ices rendered by him or them, in his or their official capacity,
which by the provisions of this act belong to the said county,
and shall transmit and deliver such statement to the county
treasurer of said county within ten days from the expiration
of said quarter. Such statement shall show the total receipts
for said quarter, and shall have attached thereto an affidavit
of said sheriff, in effect that the same is, in all respects, a
full and true statement of all moneys by him and those under
him to his knowledge received and chargeable to said office as
herein provided. A summary of such quarterly reports shall
also be prepared by the sheriff and presented to the board of
supervisors at its annual meeting. At the time of rendering
evQry such statement such sheriff shall pay over to the county
treasurer of the county of Suffolk for the benefit of said
county, the whole amount of the moneys so received by him
and chargeable to said office since making the last preceding
quarterly statement.

131.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 395

§ 7. It shall be the duty of such sheriff to keep and properly ^JJSS.**'
care for the jail and court house of said county; preserve all
property belonging thereto and situate therein, and he shall
be responsible for the custody, maintenance and control of all
prisoners and persons detained in said jail. On the first day
of January of each year the purchasing committee, hereinafter
named, shall take an inventory of all property of every kind
and nature belonging to the county in the possession of the
sheriff, and the said sheriff shall be chargeable therewith, and
at the end of each year the said sheriff shall account for all
the property in the last inventory contained or purchased since
the last inventory was taken, and he shall be liable to pay to the
county of Suffolk the value of any property which shall be
missing and not accounted for, and at such time and in such
manner as the said purchasing committee shall direct.

§ 8. The board of supervisors at each annual meeting shall
appoint a committee of three of its members which shall des-
ignate one as chairman, which committee shall be known as
the purchasing committee of said county, and it shall be the^;*^^*"^*
duty of the sheriff of said county, subject to the supervision,
control, approval and direction of such purchasing committee
to purchase and provide all furniture, implements, material,
food and supplies of whatever nature necessary for the cus-
tody, care and maintenance of the sheriff and his family, jailer,
turnkey, and cook, and of the prisoners and persons detained
within said jail, and the cost of the same and any actual and
necessary expenses of the sheriff in providing the same shall
be a county charge and be paid by the county as follows: The
sheriff shall keep a correct and itemized account of such cost Account or
and expenses in a book or books provided for that purpose at **"^ ^""^^
the expense of said county. Each item of such account shall
specify the date at which it was incurred, to whom paid, the
place where paid, and for what, and the purposes for which
it was paid. The said sheriff shall also obtain a voucher for
each item incurred by him, so far as practicable, and if any
such item exceeds the sum of twenty-five dollars it shall be
duly veriHea as to its correctness, and the payment thereof by
the affidavit of the person furnishing the same. At the end
of each calendar month, or within five days thereafter, the
sheriff shall present to the chairman of such purchasing com-

396 LAWS OP NEW YORK. [Chap.

mlttee, n written, verified, statement in detail of all the items
80 expended for such month; and the said chairman shall
forthwith examine such statement, and within five days there-
after, having examined the same, attach his certificate thereto,
certifying what amount he finds correct, and authorized by
such committee, and thereupon such chairman shall return to
the sheriff said statement with his said certificate attached
thereto. The sheriff shall thereupon present the same to the
county treasurer of Suffolk county, who shall forthwith pay
to said sheriff the amount certified by said chairman to be cor-
rect and allowed. The verification of such statement shall be
by the affidavit of the sheriff, that said statement is in all
respects full and true. In case any portion of said account
of said sheriff is not certified by said chairman to be correct,
the same may be presented by said sheriff to the board of
supervisors of said county for audit, and the amount thereof
shall be paid as other county charges.
J^Xi^' § 9. There shall be employed at the jail of said county for
Huittriesof. the care, custody, mamtenanee and control of the prisoners and
the persons detained therein, and other necessary services a
jailer whose annual salary shall be six hundred dollars; a turn-
key whose annual salary shall be five hundred dollars; a cook
whose salary shall be four hundred and twenty-five dollars,
and each of said persons shall be appointed by the sheriff and
hold office during his pleasure, and the said sheriff shall be
responsible for all their official acts, and the compensation of
the said persons shall be paid monthly by the county of Suffolk.
fleSauthor- § ^^' ^^ addition to the salary specified in section one of
***^ this act, the sheriff is authorized and entitled to charge, take

and receive the fees now allowed to sheriffs by law in civil
causes and proceedings, and paid by litigants or individuals
as and for his compensation for services and disbursements
rendered therein, and his liabilities thereunder, and for the
services of the undersheriff, deputies and other employees of
his office in such cases and proceedings,
niiibaree- § n. The said sheriff shall also be allowed and entitled to

menu »

allowed, receive the necessary and actual disbursements incurred by
him in the discharge of the duties required by this act, for
which the county receives or is entitled to receive, the fees
therefor under this act, which said disbursements shall be au-

132.] ONE HUNDRED AND TWENTY FIFTH SESSION. 397

dited and allowed by the purchasing committee, and paid
monthly by the county.

§ 12. Any officer referred to in this act who shall receive to Penalty,
his own use, or for the use of another, any fee, perquisite, or
emolument contrary to the provision of this act, or shall negp-
lect to account for any such fee, perquisite or emolument by
this act declared to belong to the county of Suffolk, shall be
guilty of a misdemeanor, and be liable to said county in a civil
action for any moneys so received or received for the use of
said county and not accounted for and paid to the treasurer
pursuant to the requirements of this act.

§ 13. All acts or parts of acts inconsistent with this act in
80 far as the same may relate to Suffolk county are hereby
repealed.

§ 14. This act shall take effect immediately*

Ctiap. 132.

AN ACT to authorize the clerk of the county of Richmond to
procure the map of colonial grants of land within said county,
prepared by George M. Root, surveyor.

Beoame a law, March 13, 1002, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The county clerk of the county of Richmond, with county

" •r 7 Clerk

the approval of the board of estimate and apportionment of the foSlS?urJ
city of New York, is authorized and empowered to procure from "***'
(loorge M. Root, surveyor, the map or plan of the said county
prepared by him showing the boundaries and locations of the
lands in said county for which grants or patents were made or
issued by the kings and queens of Great Britain and the persons
under their authority prior to the fourteenth day of October,
seventeen hundred and seventy-five, and recorded in «iny public
office in the state of New York; and when filed in the office of
said county clerk, said map or plan shall be a public record.

§ 2. The cost of said map or plan shall not exceed fifteen hun- ^^^
dred dollars, and the comptroller of the city of New York shall ^^'^^

898 LAWS OP NEW YORK. [Chap.

provide for payment of such cost by the issue of revenue bondB,
but the amount of said cost shall ultimately be a county charge
to be collected from the taxable property within said county of
Bichmond as other county charges and expenses.

§ 3. The said county clerk shall, at least six weeks before the
annual meeting of the board of aldermen of the city of New
York for the purpose of imposing the annual taxes for the year
next succeeding the filing of said map and plan, certify to the
comptroller of said city the amount of the cost thereof, and the
said comptroller shall include the same in the statement sub-
mitted by him to the board of aldermen at its annual meeting
for the purpose of imposing annual taxes next succeeding the
completion and filing of said map or plan.

§ 4. This act shall take effect immediately.

Ctiap, 133.

AN ACT to provide for the election and to prescribe the terms
and compensation of the town trustees in the town of South-
ampton in the county of Suffolk, and legalizing payment of
oompensation to the present and. former trustees.

Became a law, March 13, 1902, with tjbe approval of the Governor. Passed,

three-fifths being present

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

Election Scctiou 1. Thcro shall be elected in the town of Southampton,

a»Mi Torin or *

tr"«o2L county of Suffolk, at the town meeting to be held in such town

in April, nineteen hundred and three, and biennially thereafter,

as successors to the present board of trustees, five trustees,

for a term of two years each.

§ 2. Each of said trustees shall be entitled to receive the

oomp©n8«p same compensation as other town officers for each day he shall
be actually and necessarily employed in the discharge of the
duties of his office.

^m?JDM*a?' § 3- The payment of compensation by said town, at the above

uon legal- j,g^^^^ ^^ ^j^^ present and former trustees of said town for ser-
vices actually and necessarily rendered by them in the per-
formance of the duties of their office is hereby legalized*
§ 4. This act shall take effect immediately.

134.] ONE HUNDRED AND TWENTY-PIPTH SESSION. 399

Ctiap. 134.

AN ACT for the relief of Eugene P. Vacheron for work, labor,
services and material furnished and rendered to the city of
New York.

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assembly f do enact cm follows:

Section 1. The comptroller of the city of New York, is hereby ^'"^jJJJJJfn^
authorized and empowered in his discretion to examine into the ^^^
claim of Eugene P. Vacheron for work, labor, services and
material rendered and furnished by the said Eugene P.
Vacheron to the city of New York, from and including the first
day of May eighteen hundred and ninety-nine, to and including
the first day of November eighteen liundred and ninety-nine,
amounting to not more than eight thousand seven hundred and Amotnitof
seven dollars and thirteen cents, alleged to have been earned
under a certain alleged contract made with the county of
Queens by the said Eugene P. Vacheron and dated July sixth, ^•^^
eighteen hundred and ninety-seven, and to make such award, if
any, as in his discretion may be just and proper, and the said
comptroller in his discretion is hereby authorized to audit and
allow as a charge against the city of New York the amount of
said claim or any part thereof as said comptroller shall deem
just and proper, and a certificate of such award shall be filed in
the office of the comptroller of the city of New York.

§ 2. Upon such audit and allowance being made, the comp- Antiioritj

to pay

troller of said city of New York is hereby authorized and «>»*">•
directed to thereupon pay to said Eugene P. Vacheron the
amount of the award so made by the said comptroller, such pay-
ment to be made out of the proceeds of a certain tax levied and
collected for sprinkling certain county roads in Queens county
for eighteen hundred and ninety-nine and nineteen hundred, or,
in the event of such tax so levied and collected, not being avail-
able, the comptroller is hereby authorized to issue special
revenue bonds under the provisions of section one hundred and

400 LAWS OP NEW YORK. [Chap.

eighty-eight of chapter four hundred and sixty-six of the laws
of nineteen hundred and one to provide for such payment.
§ 3. This act shall take effect immediately.

Chap. 135.

AN ACT to amend chapter four hundred and eighty-five of the
laws of eighteen hundred and eighty-seven, entitled "An act
to establish a board of police and fire commissioners of the
village of Herkimer," in relation to the compensation of the
chief of police.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of\ New Torkf represented in Senate and
Assetnhlyy do enact as follows:

amended. Sectiou 1. Sectiou six of chapter four hundred and eighty-
five of the laws of eighteen hundred and eighty-seven, entitled
'^An act to establish a board of police and fire commissioners
of the village of Herkimer," is hereby amended to read as
follows:
Hon?"*' § 6. The policemen shall receive for their services such com-
poiioemen. p^j^g^^^j^jj ^^ shall be fixcd by the board, not exceeding in any

case, except as herein provided, fifty dollars per month. The
board shall select from the policemen appointed by them, one
S?mS!n°a* who shall bo chief of police, whose duty it shall be, under the
Slr'Souwel'*' direction of the board, to superintend the police department
in said village, of which he shall be chief executive officer. He
shall keep a record in a book of all cases and legal proceedings
in his department, and of all services performed by him and
his several policemen, and of such fees as are allowed to con-
stables in towns for like services. He shall, at least once in
every month, report to the board of the state of his department,
and particularly of such fees, and whether any members of his
force are delinquent in their duties. The compensation of the
chief of police shall not exceed seventy-five dollars per
■cS^lnt. "^^^t^* T^^ s^^^ board of commissioners shall, annually, on or
before the first day of March, present a detailed statement to

136.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 401

the board of trustees of all moneys received and disbursed bj;
them.
§ 2. This aot shall take effect immediately.

amended

Chap. 136.

AN ACT to, amend chapter two hundred and eighteen of the
laws of nineteen hundred and one, in relation to extending the
term of existence of the commission to revise and codify the
laws, rules, practice, pleadings, forms, and proceedings of the
municipal court of the city of New York,

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Paasedt

three-iifths being present

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

Section 1. Section one of chapter two hundred and eighteen ^^
of the laws of nineteen hundred and one, entitled ^'An act to
provide for a commission to revise, amend, reform, -simplify,
abridge and codify the laws, rules, practice, pleadings, forms
and proceedings of the municipal court of the city of New York,
and the laws, rules, et cetera, relating to the clerks, officers
and attendants thereof, and the marshals attached thereto,"
is hereby amended to read as follows:

8 1. The board of justices of the municipal court of the city Ai»poia(.

^ ment of

of New York shall, within thirty days after the passage of this SSSSiJ"
act, appoint a commission consisting of three Justices of the
municipal court from the borough of Manhattan, and one jus-
tice of said court from each of the boroughs of the Bronx,
Brooklyn, Queens and Bichmond, respectively, whose duty it
shall be to revise, amend, reform, simplify, abridge, and codify
the laws, rules, practice, pleadings, forms and proceedings of
the municipal court of the city of New York, and the laws, rules,
et cetera, relating to the clerks, officers and attendants thereof,
and the marshals thereto, which revision, amendments and
codifications, with the reasons therefor, shall be transmitted to
the next legislature of the state of New York, on or before

402

LAWS OF NEW YORK.

[Chap.

Term of
conimto-
liion.

January thirtieth, nineteen hundred and two, but the existence
of said commission shall not terminate on the said thirtieth
day of January, nineteen hundred and two, but shall
continue for the purpose of furnishing any further informa-
tion or report that may be required, until the end of the session
of said legislature of nineteen hundred and two, but the ex-
penses of said commission shall in no event exceed the sum
provided in section two of this act.
§ 2. This act shall take effect immediately.

Mithortt7

to iNAUd
iMlUdfl.

Bonds.

iBtereit.

Chap, 137.

AN ACT to authorize union school district number eight of the
town of Groton to issue bonds for the purpose of paying
bonds issued by said district for the purpose of building a
school house, and falling due April first, nineteen hundred and
three.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. For the purpose of raising funds to pay bonds to the
amount of five thousand four hundred dollars, issued by union
school district number eight of the town of Groton and falling
due April first, nineteen hundred and three, the said union
school district number eight of the town of Groton is hereby
authorized and empowered to issue bonds in the sum of five
thousand four hundred dollars.

§ 2. Said bonds shall be issued in the name of said union
school district number eight of the town of Groton, and signed
by the president of the board of education, and the treasurer
of. said district, ten for the sum of five hundred dollars each,
and one for the sum of four hundred dollars, with interest
coupons attached; the interest thereoii shall be at a rate
not to exceed four per centum per annum, payable annually,
and the principal and interest shall be payable at the first
national bank of Groton, New York. The principal of said
bonds shall bo payablo as follows: five hundred dollars in the

138.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 403

year nineteen hundred and four; five hundred dollars in each of
the nine succeeding years and four hundred dollars the next
year thereafter.

§ 3. Said bonds shall be issued pursuant to a resolution of
the board of education of said district, and shall be sold at
public auction at not less than par upon two weeks notice of
sale published in the Qroton and Lansing journal of said town.
The proceeds thereof shall be paid over to the treasurer of said ^^^l]^^
school district and be paid out and used only for the purpose
of paying the bonds falling due as mentioned in the first sec-
tion of this act.

§ 4. The board of education of said school district shall raise,
levy and assess upon the real estate and personal property of
said school district the amounts necessary to pay the interest
and principal of said bonds as they mature.

§ 5. This act shall take effect immediately.

Chap, 138,

AN ACT to amend the tode of civil procedure, relative to the
sale of real property pursuant to judgment.

Became a law, March 13, 1902, with the approval of the Governor. Passed*

three-fifths being present.

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

Section 1. Section twelve hundred and forty-two of the code
of civil procedure, is hereby amended to read as follows:

§ 1242. Beal property; how sold; effect of conveyance. — Ex-
cept where special provision is otherwise made by law, real
property adjudged to be sold, must be sold in the county where
it is situated by the sheriff of the county, or by a referee, ap-
pointed by the court for that purpose, who must execute a con-
veyance to the purchaser. If such real property is situated
partly in one county and partly in another and is so circum-
stanced that a sale of the whole will be most beneficial to the
parties, the court rendering judgment may direct in which
county the whole of such real property shall be sold. The con-
veyance is effectual, to pass the right, title, or interest of a

104 LAWS OP NEW YORK. [Ohap.

party adjadged to be sold; but nothing contained in this sec-
tion shall be deemed to repeal or modify the provisions of any
law specially regulating the sale of real property under a judg-
ment or decree of any court, in any particular county of the
state.

§ 2. This act shall take effect September first, nineteen hun-
dred and two.

Chap- 139.

AN ACT to amend chapter one hundred and eleven of the laws
of eighteen hundred and fifty-one, entitled "An act to amend
the several acts incorporating the village of Owego, in the
county of Tioga," in relation to the improvement of the sewer
system.

Became a law, March 18, 1002, with the approval of the Governor. Passedt

three-fifths being present.

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

Section 1. Chapter one hundred anjl eleven of the laws of
eighteen hundred and fifty-one, entitled "An act to amend the
several acts incorporating the village of Owego, in the county of
Tioga " is hereby amended by adding thereto, immediately after
section sixty-six a new section to be known as section sixty-
seven to read as follows:
tlStJi' § 67. a. For the purpose of improving the sewer system and
t'oTOmito^t sanitary condition of the village of Owego and the preservation
LAia A daa. of the health of the citizens of such village, it shall be lawful
for the said village by its board of trustees to construct and per-
petually maintain a dam across the Susquehanna river at such
point between the highway bridge across said river at said vil-
lage and the mouth of the Owego creek as the board of trus-
tees of such village shall judge best, with a suitable fishway in
accordance with the provisions of article twelve of the forest,
fish and game law, which dam shall not exceed two and one-
half feet in height above ordinary low water mark in said river
at the point of location of such dam, except that fiashboards
not exceeding one foot in height may be placed and maintained
thereon.

139.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 405

b. The board of trustees of such village is hereby authorized ^^^JSJ"^
to procure, in the name of such village, suitable lands upon "*"***•
which to construct and anchor such dam, including lands for a

•suitable abutment and protection at each end, by voluntary pur-
chase or by condemnation, and to construct such dam and the
necessary abutments and protections thereto and to maintain
the same at the cost and expense of such village and to raise
the cost and expense thereof by tax upon the taxable property, Tax.
real and personal, of said village in the manner provided for in
section thirty-four of this act and in addition to the amounts
hereinbefore provided.

c. In case any person shall deem that his lands and premises
shall be lessened in value by the construction and perpetual
maintenance of such dam he may present his claim for the dam-
age so sustained by him, duly verified, to the board of trustees
of such village and in case the same shall be audited and
allowed by said board, the amount thereof shall be a valid claim
against said village, but in case it shall not be audited and
allowed by said board within forty days after its presentation
as aforesaid, then and in that case such person may, within six
months after such presentation, upon notice to said board of
trustees, apply by petition to the supreme court for the appoint- f^jf^^^lHl
ment of three commissioners and the court shall thereupon ap- ^mmiL
point three disinterested persons as commissioners, who shall apprafs^u
view the premises claimed to be so injured by the erection and
maintenance of such dam and hear the evidence produced by

the respective parties and determine whether the petitioner's
premises have been lessened in value by the erection and main-
tenance of such dam and if so the amount* they have been so les
sened in value and make a report of their finding, and such
amount so found, if any, shall be a valid charge against said vil-
lage. The provisions of chapter twenty-three of the code of civil
procedure, so far as they are not inconsistent with any of the
express provisions of this act shall be applicable to the appoint*
ment of such commissioners and their proceedings.

d. No action shall be maintained or proceedings instituted,
(including the appointment of commissioners as aforesaid), to
recover for injury to lands and premises as aforesaid, unless the
same shall be commenced or instituted within three years and
six months after the completion of such dam, nor unless a writ-

,• *

406 LAWS OP NEW YORK. [Chap.

ten verified statement of the nature and amount of such injuries,
describing the lands and premises so claimed to be lessened in
value, shall have been filed with the village clerk within three
years after the completion of such dam. An action on surh«
claim shall not be commenced and no proceedings thereon shall
be instituted until the expiration of forty days after such claim
shall have been presented nor after six months from the time
of such presentation of such claim.
^^""^^ e. It is provided however, that there shall not be raised by
tax upon the taxable property of such village for the purchase
of a site for such dam and for the construction of such dam to
exceed the sum of three thousand five hundred dollars, and
there shall not be raised by tax upon the taxable property ot
such village for the maintenance of such dam to exceed the sum
of two hundred and fifty dollars in any one year, unless author-
ized by a vote of the taxable inhabitants of said village, as pro-
vided in section forty-one hereof.
uSn"?*"*" f. In case the board of trustees of said village shall determine
tnuteM. to construct such dam it is hereby authorized to include in its
next annual tax budget thereafter to be made in the manner
provided for in paragraph thirty-four of this act and to cause to
be raised upon the taxable property, real and personal, of such
village, a sum not exceeding three thousand five hundred dol-
lars to be used for the construction of such dam and the pur-
chase of a site therefor; but in case such board of trustees shall
judge best to do so, it may include in such assessment roll only
a portion of the amount to be raised for such purpose and issue
bonds of such village for the balance. None of the bonds s«i
issued shall be for a I6nger term than ten years.
§ 2. This act shall take eHect immediately.

140.] 02JE HUNDRED AND TWENTY-FIFTH SESSION. 407

Chap. 140.

AN ACT to amend section sixty-four of the railroad law, relap

tive to the maintenance of bridges.

Beoame a law, March 13, 1002, with the approval of the Goyernor. Passed,

three-fifths being present

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

Section 1. Section sixty-four of article two of chapter five i^ended.
hundred and sixty-five of the laws of eighteen hundred and
ninety, entitled "An act in relation to railroads, constituting
chapter thirty-nine of the general laws," known as the rail-
road law, as added by chapter seven hundred and fifty-four of
the laws of eighteen hundred and ninety-seven, is hereby
amended so as to read as follows:

§ 64. When a highway crosses a railroad by an overhead SXte*"**
bridge, the frame work of the bridge and its abutments, shall briViKes and

Bubwayi.

be maintained and kept in repair by the railroad company, and
the roadway thereover and the approaches thereto shall be main-
tained and kept in repair by the municipality in which the same
are situated; except that in the case of any overhead bridge
constructed prior to the enactment of sections sixty-one and
sixty-two of this act, the roadway over and the approaches to
which the railroad company was under obligation to maintain *
and repair, such obligations shall continue, provided the rail-
road company shall have at least ten days' notice of any defect
in the roadway thereover and the approaches thereto, which
notice must be given in writing by the commissioner of high-
ways or other duly constituted authorities, and the railroad
company shall not be liable by reason of any such defect unless
it shall have failed to make repairs within ten days after the
service of such notice upon it. When a highway passes under a
railroad, the bridge and its abutments shall be maintained and
kept in repair by the railroad company, and the subway and its
approaches shall be maintained and kept in repair by the munio-
ipality in which the same are situated.

§ 2. This act shall take effect immediately.

408

liAWS OP NEW YORK.

[Chap.

Ad
amended.

Time for

beginning

coQstnuh

tlon

extended.

141.

AN ACT to amend chapter one hundred and nine of the laws of
eighteen hundred and ninety-seyen, entitled "An act to extend
the time for the Davenport, Middleborgh and Durham rail-
road company to begin the construction of its road and expend
thereon ten per ;centum of its capital and finish and put the
same in operation," by further extension of time.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section one of chapter one hundred and nine of the
laws of eighteen hundred and ninety-seven, entitled "An act to
extend the time for the Davenport, Middleburgh and Durham
railroad company to begin the construction of its road and ex-
pend thereon ten per centum of its capital and finish and put the
same in operation," is hereby amended to read as follows:

§ 1. The time of the Davenport, Middleburgh and Durham
railroad company for beginning the construction of its road and
expending thereon ten per centum of its capital is hereby ex-
tended to the twentieth day of April in the year nineteen hun-
dred and seven and the time for the finishing its road and
putting it in operation is hereby extended to the twentieth day
of April in the year nineteen hundred and twelve.

S 2. This act shall take effect immediately.

Chap. 142.

KN AOT to amend the county law, relating to lire districts.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section thirty-seven of chapter six hundred and
eighty-six of the laws of eighteen hundred and ninety-two, enti-
tled ''An act in relation to counties, constituting chapter eight-
een of the general laws," as amended by chapter nine hundred

142.] ONE HUNDRED AND TWENTTPIPTH SESSION. 409

and thirty-seven of the laws of eighteen hundred and ninety-
five, chapter nine hundred and two of the laws of eighteen hun-
dred and ninety-six and chapter three hundred and twenty-nine
of the laws of eighteen hundred and ninety-seven, is hereby
amended to read as follows:

§ 37. Eire distriots outside of incorporated villages. — Each
board of supervisors may, on the written, verified petition of the
taxable inhabitants of a proposed fire district outside of an
incorporated village or city, and within the county, whose names
appear on the last preceding assessment roll of the town
wherein such proposed fire district is located, as owning or rep-
resenting more than one-half of the taxable real property of
such district, or as owning or representing more than one-half
of the taxable real property of such district owned by the resi-
dents thereof, establish such district as a fire district. No such
district shall extend in any direction to exceed '^ne mile from
the nearest engine or hose or hook or ladder house located
within the district. When any two or more fire districts, estab-
lished as above provided, not within an incorporated village,
adjoin each other, the board of supervisors of the county In
which said districts are located, may, upon a written, verified
petition of the taxable inhabitants of each of said districts
whose names appear on the last preceding assessment roll of
the town or towns within which said fire districts are located,
as owning or representing more than one-half of the taxable
real property of each of said districts, or as owning or repre-
senting more than one-half of the taxable real property of each
of said districts owned by the residents thereof, consolidate
such fire districts and establish the same into one fire district.
The trustees of such fire district hereinafter provided may
establish, equip and maintain such engine, hose or hook and
ladder houses as they may deem necessary. When any such fire
district has been established or consolidated in the manner
above provided, the legal voters thereof may elect not less than
three nor more than five residents thereof to be the fire commis-
sioners for a term of five years or such less term as a majority
of such voters at the time of any such election may express on
their ballots; and may also elect a treasurer in such fire district
for a term of three years, who shall be entitled to receive and
have the custody of the funds of the district and pay out the

410 LAWS OP NEW YORK. [Chap.

same for the purposes herein provided for, on the order of the
fire commissioners, which treasurer before entering on the
duties of his oflSce, shall give such security as the board of
supervisors may require. The first election for such fire com-
missioners and treasurer, shall be called by the clerk of the
town within which any such district shall be established, or
when any such district is within more than one town within
the county, by the clerks of such towns jointly and concur-
rently, within thirty days from the establishment or consolida-
tion of such fire district or districts, and upon such notice and
in the same manner as required for by special town meetings.
All subsequent elections shall be called in the same manner
by the clerk or clerks of the town or towns, not less than thirty
days prior to the expiration of the term of office of any such
commissioners or of the treasurer; special elections to fill any
vacancies shall be called in the same manner within thirty
days after any such vacancy shall occur. Any such district
when established or consolidated shall be known by such name
as the fire commissioners thereof may adopt at their first meet-
ing for the organization, and thereafter such fire commissioners
shall be authorized and empowered to purchase apparatus for
the extinguishment of fires therein; rent or purchase suitable
real estate and buildings or erect, alter or repair buildings, for
the keeping and storing of the same; and to procure supplies
of water, and have control and provide for the maintenance
and support of a fire department in such district; and shall have
power to organize fire, hook, hose, ladder, ax and bucket fire
patrol companies; and to appoint a suitable number of able and
respectable inhabitants of said district as firemen and to pre-
scribe the duties of the firemen and the rules and regulations
for the government of such companies and of the fire depart-
ment; and who shall have power to make any and all contracts
within the appropriations voted by the resident taxpayers of
the district for the purpose of carrying out the authorization
and powers herein granted. For the purpose of giving effect
to these provisions the fire commissioners are hereby author-
ized, whenever a tax shall be voted to be collected in install-
ments for the purposes of carrying out the authorization and
powers herein granted, to borrow so much of the sum voted
as may be necessary at a rate of interest not exceeding six

142.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 41 1

per centum pep annum and to issue bonds or other eyidenees
of indebtedness therefor, which shall be a charge upon the
district and be paid at maturity; and such bonds shall not
be sold below par; due notice of the time and place of the
sale of such bond shall be given at least ten days prior thereto;
the payment or collection of the last installment shall not be
extended beyond ten years from the time when such vote was
taken. Whenever the fire commissioners in any such fire dis-
trict shall submit a request in writing for an appropriation
of any sum of money for the purposes herein authorized,
the clerk or clerks of the town or towns in which such fire
district shall be located, shall call a meeting of the resident
taxpayers of the district for the purpose of voting upon the
question of appropriating such money, such meeting to be
called by a notice posted conspicuously in at least two of the
most public places in such fire district, at least ten days before
the holding of any such meeting, which notices shall state the
time, place and purpose of the meeting. At any such meeting
such resident taxpayers may appropriate the amount requested
by the fire commissioners, or any less amount, and may deter-
mine that the sum so appropriated or some part thereof shall
be raised by installments, and when any such appropriation
is made, the amount appropriated shall be assessed, levied and
collected on such district, in the same manner, at the same time
and by the same officers as the taxes of the town in which the
district is located, are assessed, levied and collected, and when
collected shall be paid over immediately by the supervisor of
the town to the treasurer of the fire district; and the
town shall be responsible for any and all sums so collected
until the same shall be paid over to such treasurer. All
meetings of any such district called for the election of
officers, or for the appropriation of money, shall be presided
over by a resident taxpayer to be designated by the fire commis-
sioners, except at the first meeting after any such fire district
shall have been established shall be presided over by a resident
taxpayer selected by the legal voters at the meeting; and all
elections for fire commissioners and for treasurer shall be by
ballot, in the same manner as is provided for the election of
other town officers. The board of supervisors in any county in
which any such fire district shall have been heretofore or shall

412 LAWS OP NEW YORK. [Chap

be hereafter established, may at any time, upon the written
verified petition of the taxable inhabitants of any such district,
whose names appear upon the last preceding assessment roll
of the town within which such district is located as owning or
representing more than one-half of the taxable real property
of such district, or as owning or representing more than one-
half of the taxable real property in such district owned by the
residents thereof, discontinue such district as a Are district,
and upon such action being taken by the supervisors, the fire
commissioners of such district, where it is wholly within a vil-
lage incorporated since said district was formed shall turn over
to any fire corporation organized by the trustees of said village
all the property thereof, such village to pay all the debts thereof,
and in other than such last named districts the fire commis-
sioners shall proceed to sell the property belonging to such
district at public sale; three notices of such sale shall be
posted conspicuously in three of the most public places in the
district, for a period of thirty days prior to the sale, and the
• proceeds of such sale shall be paid over by the treasurer of the
district to the supervisor of the town, and the sum so paid over
shall be credited to the taxable real property located in such
district,' in the next succeeding assessment of town taxes.
Whenever any portion of any such fire district heretofore or
hereafter established shall be incorporated into the corporate
limits of any incorporated village or city, the board of super-
visors of the county in which such district is located upon the
written verified petition of more than one-half in assessed valua-
tion of the taxable inhabitants of such incorporated portion
of the fire district, change the boundaries of such district in
such manner as shall exclude such incorporated portion of the
district, and thereafter such incorporated portion of the dis-
trict shall not be entitled to the protection, nor liable to be
assessed or taxed for the support of the fire department of
such district. Where any two fire districts not within any in-
corporated village adjoin each other, the boundary line between
such districts may be changed by the board of supervisors of
the county in which they are located, upon a written verified
petition of the taxable inhabitahts of the portion of the fire
district applied to be changed, whose names appear upon the
last preceding assessment roll of the town within which said

148,] ONE HUNDRED AND TWENTY-FIFTH SESSION. 41 S

portion of said fire district is located, as owning or representing
more than one-half of the taxable property of such portion of
said fire district, or as owning or representing more than one-
half of the taxable real property of such portion of said fire
district owned by the residents thereof, provided the taxable
inhabitants of both said fire districts and within the county,
whose names appear upon the last preceding assessment roll
of the town or towns, owning or representing more than one-
half of the taxable property of said district, or as owning or
representing more than one-half of the taxable real property
of such fire districts owned by the residents thereof, shall con-
sent in writing to such change.
§ 2. This act shall take effect immediately.

Chap. 143.

AN ACT to amend the county law, relative to district attorney
and assistant district attorneys of Onondaga county.

Became a law, March 13, 1902, with the approTal of the Governor. Passed,

three-fifths being present

The People of the State of New York, represented in Senate and
AssemUy, do enact as foliates:

Section 1. Section two hundred and three of article ten of
chapter six hundred and eighty-six, of the laws of eighteen hun-
dred and ninety-two, entitled "An act in relation to counties,
constituting chapter eighteen of the general laws," as amended
by chapter seventy of the laws of eighteen hundred and ninety-
three, and chapter four hundred and nine of the laws of eigh-
teen hundred and ninety-seven, and chapter three hundred and
thirty of the laws of nineteen hundred, and chapter fifty-one of
the laws of nineteen hundred and one, is hereby further amended
to read as follows:

§ 203. In Erie, Monroe, Onondaga, and Bensselaer oonnties.—
The district attorney of Erie county may appoint in and for the
county of Erie, in the manner provided in the last section, and
with like powers, three assistants to be called respectively the
first, second and third assistant district attorneys, and two
deputy assistants to be called respectively first and second

414 LAWS OF NEW YORK. [Chap.

deputy assistant district attorneys. The salaries of said as-
sistant district attorneys shall be the same respectively as now
received by the first assistant district attorney, the second as-
sistant district attorney and the transfer tax assistant district
attorney of Erie county; the salaries of said deputy assistant
district attorneys shall be the same respectively as now paid
the managing clerk and record clerk now in said office. Said
assistants and deputy assistants shall severally take the con-
stitutional oath of office before entering upon the duties there-
of; and the district attorney shall be responsible for their acts.
The district attorney of Monroe county may appoint in and for
the county of Monroe, in the manner provided in the last sec-
tion, and with like powers, three assistants, to be called respec-
tively the first, second and third assistant district attorneys
who shall severally take the constitutional oath of office before
entering upon the duties thereof; and the district attorney shall
be responsible for their acts. The district attorney of Onon-
daga county may appoint in and for said county, in the manner
provided in the last section, and with like powers, two assist-
ants, to be called respectively the first and second assistant dis-
trict attorney, each of whom shall take the constitutional oath
of office before entering upon the duties thereof; and the dis-
trict attorney of said county shall be responsible for their acts.
They may also appoint a person to act as interpreter at all
sessions of the grand juries of the counties of Erie, Onondaga
and Monroe, and of the city of Buffalo, whose compensation
shall be fixed by the court in and for which such grand jury may
be empaneled. Tlv? district attorneys of the counties of Erie,
and Monroe shall each be entitled to receive in addi-
tion to their salary, all costs collected by them in actions and
proceedings prosecuted and defended by them. The county
judge or the special county judge of the county of Monroe, or
any supreme court judge, shall have power, on the application
of the district attorney of Monroe county, to order and direct
the county treasurer of Monroe county to pay to the district at-
torney any sum of money expended or incurred by him in the
performance of his duties in his office, and the county judge of
the county of Rensselaer, or any supreme court judge, shall
have power, on the application of the district attorney of Rens-
selaer county, to order and direct the county treasurer of Reus-

144.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 416

Belaer county to pay to the district attorney any sum of money
expended or incurred by him in the performance of his dutieii
in his office.
§ 2. This act shall take effect immediately.

Chap. 144.

AN ACT to amend section eighteen of title three of chapter six

hundred and thirty-five of the laws of eighteen hundred and

ninety-five, entitled "An act to revise the charter of the city

of Yonkers/* in relation to the appointment of a deputy city

treasurer.

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section eighteen of title three of chapter six hun- ^SSSLl
dred and thirty-five of the laws of eighteen hundred and ninety-
five, is hereby amended to read as follows:

§ 18. The city treasurer shall receive and safely keep all duSS!"'^
moneys belonging to the city. He shall also keep an accurate
account of all receipts and payments,- so as to exhibit the
amount paid under each particular class of purposes for which
money shall be raised, and make returns thereof in such manner
and at such times as the common council shall direct. The city
treasurer shall receive a salary to be fixed by the common conn- ^•*»^-
cil not to exceed three thousand dollars per annum. The city
treasurer shall, at the first stated meeting in March in each n?iS?cili
year, and such other times as the common council shall require,
present to said council, to be filed with the city clerk, a full
account of all his receipts and disbursements since the date
of the last annual report, and a statement of the financial con-
dition of the treasury. The city treasurer shall have power app!>1nt

•^ "^ deputy.

to appoint, and remove at pleasure, as deputy city treasurer, a
person who shall, in the absence or disability of the city treas-
urer, possess the powers of the said city treasurer. The city
treasurer shall be responsible to the city for the acts of said
deputy. The deputy city treasurer shall be paid by the city
treasurer out of his salary. Before the city treasurer enters

416 LAWS OF NEW YORK. [Chap.

gSS.** open the duties of his office, and within ten days after being
notified of the amount at which the common council shall have
fixed the penalty of his bond, he shall execute to the city of
Yonkers a bond, with two or more sureties, to be approved by
the common council, in such penalty as said common council
shall have directed, conditioned for the faithful performance
by the city treasurer and the deputy city treasurer of the duties
of said oflBce, and that he and the said deputy will account for
and pay over all moneys received and collected by them or either
of them at any time to the proper officers appointed to receive
the same, which bond shall be duly acknowledged before some
officer authorized to take acknowledgments, and the sureties
therein shall justify in at least double the amount thereof. The
common council shall approve the form and execution of said
bond, and the sureties thereto, it shall cause such approval to be
endorsed thereon, and file the same with the city clerk.

Chap. 145.

AN ACT to amend section fifty of the banking law, relating to
annual meetings and election of directors.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Section fifty of the banking law is hereby amended
BO as to read as follows:

§ 50. Annual meeting and election of directors. — Every bank
shall hold an annual meeting for the election of directors on
the second Tuesday in January or within ten days thereafter.
Notice of such meeting shall be given as required by the stock
corporation law. No person shall be eligible to election as
director of a bank having a capital of fifty thousand dollars
or over unless he is a stockholder of the corporation owning

•

in his own right an amount equal to at least one thousand
dollars in value, nor of a bank having a capital of less than
fifty thousand dollars, unless he is a stockholder in his own
right to an amount equal to at least five hundred dollars; and
every person elected to be a director, who after such election
shall cease to be the owner in his own right of the amount

115.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 417

of stock aforesaid, shall cease to be a director of the corpora-
tion, and his office shall be vacant. The directors shall hold
office for one year and until their successors are elected and
have qualified. Each director must be a citizen of the United
States, and at least three-fourths of the directors must be resi-
dents of this state at the time of their election and during their
continuance in office. All vacancies in the office of director
shall be filled by election by the stockholders; but vacancies not
exceeding one-third of the whole number of the board may be
filled by the directors then in office, and the directors so elected
may hold their offices until filled by the stockholders at a* special
or annual meeting. A bank, at any annual meeting for the
election of directors, provided notice thereof be given in the
notice of the annual meeting, may, by a majority of all of the
votes of the stockholders of such bank fix or change by resolu-
tion the number of directors, not less than five nor more than
a certain number to be named in said resolution, which such
bank may have; which number, when so fixed, shall be the lawful
number of directors of such bank until again changed. Certi-
fied copies of all resolutions fixing or changing the number of
directors under this section shall be immediately filed in the
banking department. One of the directors, to be chosen by the
board, shall be the president of the board; and if the certificate
of incorporation or the by-laws do not prescribe the number of
directors necessary to constitute a quorum, and makes no pro-
vision for determining the same, the directors may fix the num-
ber necessary to constitute a quorum for the transaction of
business, which shall not be less than five, with the same effect
as if such number was prescribed in the certificate of incorpora-
tion. Whenever the articles of association of any bank organ-
ized prior to the first day of January, eighteen hundred and
ninety-two, or the certificate of incorporation of any bank or-
ganized after that date, shall prescribe a different qualification
for directors than such as are prescribed in this section, the
qualification of such directors may be changed so as to comply
with the provisions of this section in the manner prescribed for
a change of the number of directors under s(»ction twenty-one
of the stock corporation law.
§ 2. This act shall take effect immediately.

418

LAWS OF NEW YOBK.

[Chap.

Ctaarter
amended.

Establish-
menc of
BiK>lnglcal
par Ju, etc

Bnardof
inauagers.

oncers.

Chap. 146.

AN ACT to amend section two and four of chapter four hundred
and thirty-five of the laws of eighteen hundred and ninety-
five,, entitled "An act to incorporate the New York zoological
fiociety and to provide for the establishment of a zoological
garden in the city of New York.*'

Accepted by the city.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Yorky represented in Senate and
Assembly y do ena^ct as follows:

Section 1. Section two of chapter four hundred and thirty-five
of the laws of eighteen hundred and ninety-five, entitled "An
act to incorporate the New York zoological society and to pro-
vide for the establishment of a zoological garden in the city
of New York ", is hereby amended so as to read as follows:

§ 2. Said corporation shall have power to establish, main-
tain and control zoological parks, gardens or other collections
for the promotion of zoology and kindred subjects, and for the
instruction and recreation of the people. Said corporation may
collect, hold and expend funds for zoological research and publi-
cation, for the protection of wild animal life, and for kindred
purposes, and may promote, form and cooperate with other
associations with similar purposes and may purchase, sell or
exchange animals, plants and specimens appropriate to the
objects for which it was created.

§ 2. Section four of chapter four hundred and thirty-five of
the laws of eighteen hundred and ninety-five, as above entitled,
is hereby amended so as to read as follows:

§ 4. The affairs and business of said corporation shall be
managed and controlled by a board of managers, the number
of whom shall be prescribed by the by-laws. The first board of
managers shall be divided by lot into three classes, equal in
number, one of which classes shall hold office for one year,
another for two years, and the other for three years; and all
persons elected to be managers at any subsequent election
shall hold office for throe years, and until others are elected
in their stead. There shall bo a president, two vice presidents,

147.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 419

treasurer and secretary, to be elected by the board of man-
agers annually, who shall hold oflBce until others are elected
in their stead. The first meeting under this act may be held SSting.
at any time upon a notice of five days, signed by any five of
the incorporators named in the first section of this act, fixing
a time and place for such meeting, a copy whereof shall be
mailed to each of said incorporators at his usual post-office
address, and twelve of such incorporators shall be a quorum Quomm.
for the purpose of organization, adoption of by-laws and elec-
tion of officers. No manager of said corporation shall be in-
terested, directly or indirectly, in any contract concerning its
property or affairs.
§ 3. This act shall take effect immediately.

Chap. 147^

AN ACT to amend title six of chapter six hundred and thirty-
five of the laws of eighteen hundred and ninety-five, entitled
"An act to revise the charter of the city of Yonkers," by add-
ing a new section authorizing the issue of emergency bonds.

Accepted by the city.

Became a law, March 18, 1902, with the approval of the Governor. Passed*

three-fifths being present.

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

Section 1. Title six of chapter six hundred and thirty-five of STelilawi.
the laws of eighteen hundred and ninety-five is hereby amended
by adding at the end thereof a new section to be known as sec-
tion thirteen and to read as follows:

§ 13. In case of an epidemic of contagious diseases, or of
damage caused by extraordinary and unusual storms necessi-
tating the expenditure on the part of the city of Yonkers of
more than the sum of two thousand five hundred dollars, the
common council may issue emergency bonds therefor, in a sum common

*' ^ ^ ' council

not exceeding ten thousand dollars, to defray the expense of J^JJ^*;!"^***''
the said epidemic, or repair said damage. Such bonds shall be SSTdr"*"*
signed by the mayor and city clerk, and be of such denomination,
bear such interest not exceeding four per centum per annum, interest.

420 LAWS OF NEW YORK. [Chap,

and mature at such times not exceeding one year, as the com-
mon council may determine. The common council may con-
vert said bonds into money at not less than their par value, or
obtain temporary loans upon the same, and the proceeds
thereof, including all premiums, shall be applied only for the
purposes aforesaid. The common council is hereby authorized
rax. to raise by tax such sums of money as shall be necessary to pay

the interest on said bonds and the principal thereof, which sums
shall be in addition to all other sums authorized to be raised
by tax.
§ 2. This aot shall take effect immediate!;.

Clnap. 148.

AN ACT to amend section six hundred and one of the penal code
of the state of New York, relating to receiving deposits in an
insolvent bank.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section six hundred and one of the penal code of
the state of New York is hereby amended to read as follows:

§ 601. An officer, agent, teller or clerk of any bank, banking
association or savings bank, and every individual banker or
agent, and every private banker or agent and any teller or clerk
of an individual banker, or of a private banker who receives any
deposit, knowing that such bank or association or banker is in-
solvent, is guilty of a misdemeanor, if the amount or value of
such deposit be less than twenty-five dollars; if the amount or
value of such deposit be twenty-five dollars or over, such person
shall be guilty of a felony, punishable by imprisonment for not
less than one nor more than five years, or by a fine of not less
than five hundred nor more than three thousand dollars, or by
both.

§ 2. This act shall take effect September one, nineteen hun-
dred and two.

149.] ONE HUNJJKED AND TWENTY-FIFTH SESSION. 421

Chap. 149.

AN ACT to amend sections nineteen and sixty-eight of chapter
eighteen of the laws of eighteen hundred and sixty-two, enti-
tled "An act to revise the charter of the city of Utica," and
the several acts amendatory thereof, relative to loans.

Accepted by the city.

Became a law, March 13, 1002, with the approval of the Governor. Pa^ed»

three-fifths being present.

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

Section 1. Section nineteen of chapter eighteen of the laws amenS<L
of eighteen hundred and sixty-two as amended by section two
of chapter seventy-three of the laws of eighteen hundred and
eighty-three is hereby amended so as to read as follows:

§ 19. The treasurer shall have and keep his office in the city
hall, and keep therein all books, papers, records and assess-
ments belonging thereto and under his official control. It shall JutiS'*''*
be the duty of the treasurer to keep his said office open and be
therein from ten o'clock ante meridian until one o'clock post
meridian, and from two o'clock post meridian until four o'clock
post meridian, daily, (Sundays and holidays only excepted). He
shall receive all moneys belonging to the city and keep an accu-
rate account of all receipts and expenditures so as to exhibit
the amount paid under each particular class of purposes for
which moneys shall be raised. He shall deposit and keep all
moneys belonging to the city or that shall come to his hands
in such one of the banks in said city as will pay the highest
rate of interest, not exceeding six per centum for such deposits
for the use of the city, and will give security for the payment of
such deposits to be approved by the common council, and will
also agree to loan to the city, when required by the common
council, all such sums of money as the common council may be
authorized to borrow under the provisions of this act. All
temporary loan or other bonds may, nevertheless, be sold or
disposed of as the common council may direct or as otherwise
required by law. The treasurer shall deposit in said bank all
moneys received by him within forty-eight hours after their
receipt, and for a failure or neglect to comply with this pro-

bcatement.

422 LAWS OF NEW YORK. [Cuap.

vision, shall be liable to be removed from office and be deemed
guilty of a misdemeanor. All moneys shall be drawn from him
in pursuance of a resolution of the common council by warrants
specifying for what purpose they are drawn, signed by the clerk
and countersigned by the mayor. He shall, fifteen days before
flnan^ai^ the auuual city election, in each year, present to the common
council and file with the clerk an account of all receipts and
disbursements since the date of the last report, and a statement
of the financial condition of the city, a synopsis of which shall
be published in the official newspapers at least ten days before
such election. He shall perform such other duties as this act
may require, and such as the common council may prescribe.

§ 2. Section sixty-eight of chapter eighteen of the laws of
eighteen hundred and sixty-two as amended by chapter twenty-
nine of the laws of nineteen hundred is hereby amended to read
as follows:

§ 68. Temporary loanSi et cetera. — Moneys shall not be bor-
rowed by the common council on temporary loans except,

1. In anticipation of the taxes to be levied in the next suc-
ceeding tax budget of the city and for the purposes for which
such taxes are levied, and shall not be in excess of the amount
of such taxes. Such loans shall always be made payable on or
before the first Tuesday of January next thereafter and in no
case shall interest run on any such loans after such taxes are
paid into the treasury of the city.

2. In anticipation of not more than two-thirds of the cost and
expense of local improvements due and payable, or to become
due and payable within the calendar year. Such loans shall
always be made payable within eight months and from the
moneys thereafter to be collected on the assessments and taxes
for such local improvements or applicable to the payment there-
for. The interest upon said loans to the time such assessments
are filed shall be included in the assessments and the assess-
ment upon each piece, parcel or lot of land mentioned therein
shall bear interest from the filing thereof to the date of payment
at the same rate as the rate upon the loan made in anticipation
of the payment of the assessment, in addition to such other
charges as are provided by this act. The amounts of interest
included in such assessment and accruing thereon, when
collected by the city treasurer, shall be paid into the fund from

150.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 423

which interest npon said loans is payable. In no case shall
interest run on any snch loans after the taxes and assessments
for such local improvements are paid into the treasury of the
city, nor shall any part of the loans authorized by this sub-
division be used for paying any of the local improvement bonds,
known as paving bonds, heretofore or hereafter issued under
the provisions of section ninety-nine of the charter of said city.
In case the assessment, or taxes for said local improvements
are not collected within said eight months, the common council
is hereby authorized to make temporary loans, from time to
time, to provide such amounts as may be required to meet the
deficiencies caused by such delay in collecting said assessments
and taxes, but the aggregate amount so issued shall not exceed
at any time the aggregate amount of said deficiencies then out-
standing.

§ 3. Bepeal. — All acts or parts of acts Inconsistent with ot
in conflict with the provisions of this act are hereby repealed.

§ 4. This act shall take effect immediately.

Chap. 150.

AN ACT to amend section eight of chapter four hundred and
seventeen of the laws of eighteen hundred and ninety-seven,
entitled "An act in relation to personal property, constituting
chapter forty-seven of the general laws " relative to trustees.

Became a law, March 18, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Section eight of chapter four hundred and seven-
teen of the laws of eighteen hundred and ninety-seven, being
an act entitled "An act in relation to personal property, con-
stituting chapter forty-seven of the general laws" is hereby
amended so as to read as follows:

§ 8. When trust vests in supreme court. — On the death of a
last surviving or sole surviving trustee of an express trust, the
trust estate does not pass to his next of kin or personal repre-
sentative, but, if the trust be unexecuted, in the absence of a

424 LAWS OF NEW YORK. [Chap.

contrary direction on the part of the person creating the same,
it vests in the supreme court and shall be executed by some
person appointed by the court, whom the court may invest with
all or any of the powers and duties of the original trustee or
trustees. The beneficiary or beneficiaries of the trust shall
have such notice as the court may direct of the application for
the appointment of such person; and the person so appointed
shall give such security as the court may require, and shall
be subject to the same requirement of law as to accounting
and as to the administration of the trust as apply to testamen-
tary trustees; and shall be entitled to such compensation for
his services by way of commissions as the court appointing
him shall determine, which shall in no case exceed that now
allowed by law to executors and administrators, besides his
just and reasonable expenses in the matter in which he is
appointed,
g 2. This act shall take effect immediately.

Chap. 151,

;AN act to amend section ninety-one of chapter five hundred
and forty-seven of the laws of eighteen hundred and ninety-
six, entitled "An act relating to real property, constituting
chapter forty-six of the general laws," relative to trustees.

Becan e a law, March 13, 1902, with the approval of the Goveroor. Passed,

a majority being present

TJie People of the State of New York, represented in Senate and
Assemhhjy do enact as follows:

Section 1. Section ninety-one of chapter five hundred and
forty-seven of the laws of eighteen hundred and ninety-six, being
an act entitled "An act relating to real property, constituting
chapter forty-six of the general laws,*' \b hereby amended so as
to read as follows:

§ 91. Trust estate not to descend. — On the death of the last
surviving or sole surviving trustee of an express trust, the trust
estate shall not descend to his heirs nor pass to his next of kin
or personal representatives; but in the absence of a contrary di-
rection on the part of the person creating the same, such trust,

152.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 425

if nnexecnted, shall vest in the supreme court, with all the
powers and duties of the original trustee or trustees, and shall
be executed by some person appointed for that purpose under
the direction of the court, but who shall not be appointed until
the beneficiary or beneficiaries shall have been brought into
court by such notice and in such manner as the court or a justice
thereof may direct; and the person so appointed shall give such
security as the court may require, and shall be subject to the
same requirements of law as to accounting and the administra-
tion of the trust as are testamentary trustees; and shall be en-
titled to such compensation for his services by way of commis-
sions as the court appointing him shall determine, which shall
in no case exceed that now allowed by law to executors and ad-
ministrators^ besides his just and reasonable expenses in the
matter in which he is appointed.
g 2. This act shall take effect immediately.

AN ACT to legalize the acts of Albert H. Gale, a notary publie.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The acts of Albert H. Gale, of the city of New ^cfaof
York, borough of Brooklyn, county of Kings, performed as Feg^jJod.
notary public from the first day of May, nineteen hundred and
one and before the twelfth day of November, nineteen hundred
and one, are hereby' legalized and confirmed, and shall have the
same force and effect as though the said Albert H. Gale had
been qualified to act as a notary public at the time of the per-
formance of such acts.

§ 2. Nothing in this act shall affect any action or proceeding
pending in any court.

§ 8. This act shall take effect immediateljr.

426 LAWS OP NEW YORK. [Chap.

Chap. 153.

AN ACT to amend the charter of the city of Water vliet relative
to the assessment and taxation of property.

Accepted by the city.

Became a law» March 13, 1002, with the approval of the Goyernor. Passed,

three-fifths being present.

The People of the State of New Yorkf represented in Senate and
Assembly y do en^ict as follows:

Section 1. Section one of title eleven of chapter nine hundred
and five of the laws of eighteen hundred and ninety-six, entit'ed
**An act to incorporate the city of Watervliet" is hereby
amended to read as follows :

§ 1. General provisions relating to assessments for state,
oonnty and city taxes. — In the assessment of any lands in said
city for any purpose, it shall be sufficient to state the name
of one of the owners or occupants of said land, and also the
street and lot number of the property, but if the lot or parcel
of land be not numbered, then the name of the street on which
it fronts shall be given. In case no inhabited building is on
the land the owner may be designated as unknown. No error
in the name of the owner or occupant shall invalidate the
assessment, and no assessment shall be held to be invalid because
of any error or mistake in the name or designation of the
owner or occupant, or because the assessment is made to any
person other than the true owner or occupant, provided the
property intended to be assessed shall be described with suffi-
cient certainty to permit of its identification. During the time
the assessors review any tax or assessment they shall have
power to add or insert in such assessment-roll any property
liable to assessment and the valuation thereof which may have
been omitted from such rolls, upon giving personal notice to the
owner of such property or his agent at least two days prior to
adding the same.

§ 2. Section thirteen of article eleven of said act is hereby
amended to read as follows:

§ 13. Proceedings by chamberlain in the collection of unpaid
taxes. — ^The chamberlain shall retain such list in his office and
shall thereupon proceed to collect all such unpaid taxes as fol

lf>:?.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 427

lows: Whenever any snch tax charged on real estate in said
city and the interest thereon at the rate of twelve per centum
per annum, to be computed from the preceding first day of
December, with said fees and expenses, shall remain unpaid for
six months from said first day of December, the chamberlain
shall proceed to advertise and sell such real estate in the man-
ner hereinafter provided for the payment of such tax, fees,
interest and expenses, and the expense of advertising and sell-
ing the same shall be charged on the land sold, and shall be
added to and made a part of such tax. The said chamberlain
shall cause to be published, at least once in each week, for
three weeks, in the official paper of the city, if such there be, a
list or statement of the real estate charged with the payment
of fiuch taxes, interest and fees so liable to be sold, and also a
notice that the said real estate will, on a day, at the expiration
of said three weeks, to be specified in such notice, and the suc-
ceeding days, be sold at public auction at a place to be desig-
nated in «aid notice, in the city of Watervliet, to pay the taxes,
interest, fees and expenses thereon which may remain unpaid
at the time of such sale. If there should be no official paper
published in said city, then the statement and notice referred
to shall be posted in at least three public places in each ward
of said city, at least three weeks prior to the date of sale herein
referred to. The expense of publishing such list and notices
shall not exceed one dollar to each newspaper for each parcel
of land so advertised. On the day named in said notice the
.chamberlain shall commence the sale of said real estate, and
shall continue such sale, from day to day, until the whole thereof
shall be sold. The sale of each parcel shall be made for the
lowest term of years, at which any person or corporation
shall offer to take the same, in consideration of advancing the
sum of the said taxes, assessments, interest, per centage and
sale expenses that may be due thereon at the time of sale. The
mayor of said city, in default of other bidders at any such tax
sale, shall purchase the real estate so sold in the name of and
for the benefit of the city of Watervliet. The chamberlain of
said city shall cause all notices mentioned by this act to be
given by purchasers, to be given on behalf of said city, to all
persons interested, as hereinafter designated, in the real estate
80 purchased by said city, and to all persons so interested in

428 LAWS OF NEW YORK. [Chap.

the lands descrijbed in all certificates of sale now owned by said
city, or that shall hereafter be issued to said city, pursuant to
the terms of this act. The chamberlain of said city, at any time
before the time to redeem therefrom has expired under the
terms of this act, shall, by an instrument in writing, under his
hand and under the seal of said city, duly acknowledged, assign
and transfer any such tax sale certificate now, or hereafter held
by said city, to any person desiring such assignment upon pay-
ment to said city of the amount owing thereon, or the amount
fixed as hereinafter provided by the common council of said

city.

§ 3. Section fourteen of article eleven of said act is hereby
amended to read as follows:

§ 14. Title of purchaser at sale. — ^Every purchaser at any
such sale, other than the city of Watervliet, shall, within
forty-eight hours thereafter pay to the said chamberlain
the amount of his bid and thereupon the chamberlain shall
deliver to the purchaser of each parcel a certificate in writing
duly signed and acknowledged by him, containing a statement
of the fact of such sale and a description of the parcel so sold,
the sum paid therefor and the term for which sold. The
chamberlain shall also issue such a certificate to said city for
each parcel so purchased by the city. In case the premises so
sold shall not be redeemed, as provided in the next section,
within the time thereby limited, the said city shall, upon de-
mand, and uppn the payment of one dollar; under its seal and
under the hands of the mayor and chamberlain of said city,
execute, duly acknowledge and deliver to each such imrchaser,
or his assigns, a deed of the premises so sold, and in a proper
case, shall execute such deed in like manner to the city of
Watervliet for each parcel purchased by it, which deed sluill
briefly recite the prior proceedings, the service of the notices
mentioned in this act and the non-redemption of said premises,
and shall convey to such purchaser, or his assigns, an absolute
estate in said premises for the term stated, subject only to any
claim that may be held by said city thereon for unpaid taxes
or assessments. Such deed shall be conclusive evidence that
all proceedings, including the assessment, upon which such
deed is based are valid and that the time limited by statute
to attack such sale upon any ground, other than upon the

153.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 429

ground of the actual and seasonable payment of the tax or
assessment for which such sale was had, has expired. As
against the grantee named in every such deed and his assigns,
the former owner and any occupant of, or person claiming title
to, or lien upon the premises by such deed conveyed, or any
part thereof, shall be, in every court and place, held to be a
tenant holding over after the expiration of his term without
the permission of > is landlord; and may be removed by sum-
mary proceedings in the same manner as such tenant. The
production of such deed shall be conclusive evidence of the
right of the grantee, and his assigns, to the possession of said
premises, and upon its production, upon return of the precept
in summary proceedings, the officer or court before whom such
proceedings are held shall make the appropriate order and
issue the proper warrant thereby to place such purchaser, and
his assigns, in possession of the premises in said deed
described.

§ 4. Section fifteen of article eleven of said act is hereby
amended to read as follows:

§ 15. Sedemption from tax sale. — At any time within two
years after any such sale, and even after the expira-
tion of said term of two years; at any time within
three months after the filing of the proof of the serv-
ice of the notice hereinafter mentioned, any person may
redeem the parcel in such notice mentioned from such sale by
paying to the said chamberlain the amount for which it was
sold, with interest to be computed at the rate of twelve per
centum per annum, and also all fees hereby allowed for the
service of notices, with interest at a like rate, and also all other
taxes upon such parcel that shall have been paid by the pur-
chaser and notice thereof filed as hereinafter provided, with
interest at like rate. At any time after any such sale the pur-
chaser of any parcel may serve a notice thereof upon every
person having any title to the whole, or to any part of said
premises, as shall appear at the time of such service by the
records in Albany county clerk's office or, shall appear by the
actual occupancy by such person of the said premises; and upon
every person, who, as shown by such records, shall appear to
have any mortgage, mechanic's lion, judgment or other lien
upon said premises, or any part thereof, or a lease thereof for

430 LAWS OF NEW YORK. [Chap.

a longer period than three years then unexpired; and upon
every person who shall at the time of such service, from the
records in Albany county surrogate's office appear to have any
interest in or lien upon said premises, or any part thereof, as
heir, legatee or devisee, of any former owner, lienor or mort-
gagee. Such notice shall be either written, typewritten or
printed, and shall contain a description of the premises sold,
a statement of the sum paid, of the term for which sold and
of the fact of sale. Such notice may be served either personally
or by mail, and in the latter case, it shall be deposited in the
post-office in the city of Watervliet securely enclosed in a post-
paid wrapper addressed to the person to be served at his place
of residence, as given in the instrument of record, whence knowl-
edge of his right to be served is derived, unless his address
is known to the person making the service to be elsewhere, in
which event, the wrapper shall be addressed accordingly, and
the person making such service shall make proof of the fact;
and in case the residence of the person to be served shall be
unknown and no place of residence shall be given in the instru-
ment of record, then such wrapper, containing such notice, shall
be addressed to such person at the premises in such notice
described. The person making such service shall file in the
office of the chamberlain of said city a duplicate of the notice
so served and proof by affidavit of the service made upon each
person served, and such proof shall be competent evidence of
the fact of such service. The chamberlain shall file such proof,
make a proper entry in reference thereto and give to the person
filing the same, proper voucher therefor, and there shall be
allowed to the person making such service the sum of two dol-
lars for each person served, as herein provided, with notice of
the sale of any parcel, which sum, with interest as above pro-
vided, shall be added to the amount for which said prrmises
shall have been sold and shall be paid by any person redeeming
from such sale with interest as above specified. All persons
above mentioned as subject to service of such notice, who shall
have been served as herein provided, and all persons claiming
under them, or any of them, and all persons whose interest in,
or lien upon said premises, if any, did not appear of record as
above specified, or was not apparent by reason of their actual
occupancy of the land shall, at the expiration of two years from

153.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 431

the date of such sale, and if the three months' limitation fall
thereafter, then at the expiration of three months from the time
of the filing in the office of said chamberlain of the proof oZ
such service of such notice, be absolutely barred of all title to,
interest in, lien or claim upon, and right of possession in and
to said premises for and during the term of such purchase as
stated in such certificate or deed; and the time within which any
person may, in any court or place, either as a matter of defense
or otherwise, raise any question as to the regularity or validity
of any such sale, certificate or deed, or any matter upon whk'h
they or any of them, are based, is hereby limited to two yeard
from the time of such sale and to said term of three months
after the filing of the proof of the service of such notice an
herein provided, in case the expiration of said term of three
months shall fall after the expiration of said term of two years.
The holder of a tax sale certificate mentioned in this act may
pay any other tax appearing at any time to be levied upon the
proi)erty in such certificate described, which is not past redemp-
tion, and may file with the chamberlain a certificate of the fact
of such payment, stating the amount and date of payment and
the property on which the payment was made, and thereafter
to accomplish re'.emption from the sale in such certificate men-
tioned, any person desiring to redeem shall be required to repay
the amount so paid by such purchaser with interest as above
provided.

§ 5. Section sixteen of article eleven of said act is hereby
amended to read as follows :

§ 16. Provisions relative to tax sales heretofore had. — ^Every
sale of lands, for unpaid taxes and assessments, here-
tofore conducted by the city of Watervliet, or by any
of its officers, or by the village of West Troy, or
any of its officers, acting under any statute now, or here-
tofore in force, shall be held and are hereby declared to be valid
and effectual after the expiration of the period of two years and
the period of three months after the filing of the proof of the
service of notice as herein provided; and all purchases, at all
such sales, made by said village, or by said city, are hereby de-
clared to have been made in default of other bidders and to have
been within the scope and authority of said village and city and
to have been lawfully made and the books of record of such sales

432 LAWS OF NEW YORK. [Chap.

now in the office of the chamberlain of said city are hereby
declared competent evidence thereof, and where such sales are,
as yet, unredeemed and net transferred to other parties; such
sales, the certificates thereon given^ or to be given as herein
provided, and the rights thereby acquired in and to the lands
in such certificate described are hereby declared to be now the
property of the said city of Watervliet, and the chamberlain of
said city is hereby required to execute and deliver to said city,
in due form as hereinbefore provided for ensuing sales, appro-
priate certificates as to each parcel heretofore sold, in every case
where such certificate has not been already executed and de-
livered and is not now in the possession of said city. All such
certificates of sale that have been heretofore executed bv the
proper officer of said village, or by the chamberlain, of said city,
or that shall hereafter be executed by such chamberlain pur-
suant to this act, and all deeds to be given thereon to said city,
or its assigns, or to the holders of any such certificates shall,
after the expiration of two years from the passage of this act
and after the expiration of two years from the date of issue of
such certificate and after the expiration of three months from
the time of the filing of the proof of the notice of such sale on
all persons entitled to notice, as provided in this act, in case the
three months' period shall fall after the expiration of the said
term of two years, be conclusive evidence that the sale and all
prior proceedings from and including the assessment as against
the land and all notices and proceedings required by any statute
were regular and were regularly given; that all requirements of
law were complied with, and after the expiration of the said
periods herein and hereby limited any alleged irregularity, error
or failure to comply with the statute, want of jurisdiction or
defect of any kind in any such sale, certificate or deed, other
than the actual and seasonable payment of the tax or assessment
for which such sale was held, shall not be heard, pleaded or con-
sidered as against any such sale or any certificate given thereon,
or any deed given, as provided in this act, or as against the pur-
chaser named in such deed, or his assigns. But nothing herein
contained shall afi'ect any action, proceeding or application pend-
ing at the time of the passage of this act, nor any action begun,
proceeding taken or application duly made within two years
after the passage of this act, or within three months after the

153.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 433

filing of the proof of the service of such notice as hereinbefore
provided, in case such period of three months shall fall after the
expiration of said j^eriod of two years, for the purpose of vacat-
ing any such tax sale or setting aside or cancelling any certifi-
cate given or to be given pursuant thereto.

§ 6. Section twenty-two of article eleven of said act is hereby
amended to read as follows:

§ 22. Power to compromise liens. — At any time before the
expiration of the limitation specified in section fifteen
or sixteen of this article the common council of the
city of Water vl let for any cause, seeming to it good and suffi-
cient, may compromise, settle, adjust or assign and transfer any
apparent claim held by said city upon any parcel of land within
its boundaries by reason of any unpaid tax or assessment or any
sale therefor upon such terms and for such sum as to it shall
seem just and proper. Such determination shall be evidenced
by an appropriate resolution to be entered upon the record of its
proceedings and shall be executed by a suitable instrument, or
conveyance, under the seal of said city and under the hands of
the mayor and chamberlain of said city and by them duly
acknowledged.

§ 7. Section twenty-three of article eleven of said act is hereby
amended to read as follows:

§ 23. Sale of property acquired by city. — Any property ac-
quired by said city under any tax sale, as to which the
time to redeem shall have expired, may at any time be sold
and conveyed by said city upon such terms as to its common
council shall seem proper, and its action in the premises shall
be evidenced by an appropriate resolution to be adopted by such
common council and entered in its minutes. Such conveyance
shall be executed under the seal of said city by the mayor and
chamberlain thereof and duly acknowledged and delivered upon
compliance with the terms of such sale.

§ 8. This act shall take effect immediately.

434

LAWS OP NEW YORK.

[Chap.

Cbartor
amended.

Powers of
oorporar

154.

AN ACT to amend section two of chapter one hundred and fifty-
five of the laws of eighteen hundred and sixty-eight being an
act entitled "An act to incorporate the Schoharie and Schenec-
tady counties farmers' mutual fire insurance association."

Became a law, March 13, 1902, with the approval of the Gorernor. Passed,

Ihree-fifths being present.

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

Section 1. Section two of chapter one hundred and fifty-five
of the laws of eighteen hundred and sixty-eight is hereby
amended so as to read as follows:

§ 2. The corporation hereby created shall have power to insure
dwellings and the barns, sheds, wagon-houses and out buildings
situate on the premises on which are the dwellings insured,
schoolhouses and churches, and the contents of said dwellings,
barns, sheds, wagon-houses, out buildings, schoolhouses and
churches, not situated in cities in accordance with the
constitution and by-laws heretofore adopted by said associa-
tion, and hereby amended by this section, anywhere within tbe
limits of said counties of Schoharie and Schenectady; and every
policy so issued shall bind all the members of said corporation
In the manner prescribed in the act hereby amended, and the
amendments thereto. The constitution and by-laws of said asso-
ciation are hereby amended so as to permit insurance in ac-
cordance herewith.

S 2. This act shall take effect immediatelj.

155.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 435

iUnended.

AN ACT to amend section one of chapter seven hundred fifty-
four of the laws of eighteen hundred and ninety-five, entitled
"An act to authorize payments by counties, cities, towns and
villages to charitable, eleemosynary, correctional and reform-
atory institutions wholly or partly under private control, for
care, support and maintenance," in relation to payments by
villages and towns to hospitals in adjoining states.

Became a law, March 13, 1902, with the approval of the Governor. Passed,

three-fifths being i^resent

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

Section 1. Section one of chapter seven hundred and fifty ^^
four of the laws of eighteen hundred and ninety-five, entitled
"An act to authorize payments by counties, cities, towns and
villages to charitable, eleemosynary, correctional and reforma-
tory institutions wholly or partly under private control, for
care, support and maintenance,'' is hereby amended to read as
follows:

§ 1. Boards of estimate and apportionment, common councils, f^^^^
boards of aldermen, boards of supervisors, town boards, boards tSuJi* of
of trustees of villages, and all other boards or officers of conn- authonaed.
ties, cities, towns and villages, authorized to appropriate and
raise money by taxation and make payments therefrom, are
hereby authorized in their discretion, to appropriate and to
raise money by taxation and to make payments from said
moneys, and from any moneys received from any other source
and properly applicable thereto, to charitable, eleemosynary,
correctional and reformatory institutions wholly or partly under
private control, for the care, support and maintenance of their
inmates, of the moneys which are or may be appropriated there-
for; such payments to be made only for such inmates as are
received and retained therein pursuant to rules established by
the state board of charities; except that boards of trustees of
villages and town boards of towns in which there is no hospital
located, and which ar^ situated upon and adjoin the boundary
line. of a neighboring state, are hereby authorized in their dis-
cretion to appropriate and to raise money by taxation and to

436 LAWS OF NEW YORK. [Chap

make payments from said moneys, and from any moneys re-
ceived from any other source and properly ^Lpplicable thereto,
to hospitals in such adjoining state for the purpose of maintain-
ing a bed or beds in such hospital for the benefit of and to be
used exclusively by the inhabitants of such village or town.
Boards of trustees of villages and town boards of towns situate
upon the boundary line of a neighboring state, which have
appropriated and raised money by taxation for the purpose of
maintaining a bed or beds in a hospital in such adjoining state
and have not paid the same are hereby authorized to use said
money for the purpose for which it was appropriated and raised.
Payments to such hospital in an adjoining state shall be made
only for such inmates as are received and retained therein pur-
suant to rules established by the state board of charities.
§ 2. This act shall take effect immediately.

Chap. 156.

AN ACT to amend the highway law, relative to the payment of
money by the state for aid to towns in repairing highways.

Became a law, March 14, 1902, with the approval of the Governar. Passed,

three-fifths being present.

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

Section 1. Section fifty-three of chapter five hundred and sixty-
eight of the laws of eighteen hundred and ninety, entitled "An
act in relation to highways, constituting chapter nineteen of the
general laws," as amended by chapter four hundred and twelve
of the laws of eighteen hundred and ninety-three and chapter
three hundred and fifty-one of the laws of eighteen hundred and
ninety-eight, is hereby amended to read as follows:

§ 53. Annual tax under money system ; certain villages exempt
therefrom. — Any town voting in favor of the money system, shall
annually raise by tax, to be levied and collected the same as
other town taxes, for the repair of the highways, an annual sum
of money, which shall be equal to at least one-half the value at
the commutation rates, of the highway labor which should be
assessable under the labor system; but in any town in which

156.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 437

there may be an incorporated village^ which forms a separate
road district, and wherein the roads and streets are maintained
at the expense of such village, all property within such village
shall be exempt from the levy and collection of such tax for the
repair of highways of such town ; and the assessors of such town
are hereby required to indicate on the assessment roll the prop-
erty included in Kuch incorporated village, in a column separate
from that containing a list of the property in the town not in-
cluded in such village, and shall also place on the assessment roll
the names of all persons liable to poll tax who are not residents
of such village, and the board of supervisors are directed to levy
a tax of one dollar on each person liable to poll tax as thus indi-
cated; but this act shall not apply to assessments made for dam-
ages and charges for laying out or altering any road, or for erect-
ing or repairing any bridge in such town. The amount of such
tax shall be determined by the commissioners of highway and
the town board, who shall certify the same to the board of super-
visors, the same as any other town charge. The clerk of the
board of supervisors of each county containing a town which has
voted for t^e money system shall, on or before the first day of
January of each year transmit to the state comptroller a state-
ment certified by him, and signed and verified by the chairman
of such board, stating the name of each town so voting^ and the
amount of money tax levied therein for the repair of highways
during the preceding year. The comptroller shall draw his war-
rant upon the state treasurer in favor of the treasurer of
the county in which such town is situated, for an amount
equal to fifty per centum of the amount so levied in each
town. The county treasurer shall pay out the amount so paid
to him on account of the money tax levied in any such town
upon the order of the highway commissioner thereof, to be used
by him, for the repair and permanent improvement of such high-
ways therein, and in such manner as the commissioner of high-
ways and town board may determine. The sum paid by the state
to any town by virtue of this section shall not exceed, in any one
year, one-tenth of one per centum of the taxable property of such

town.
§ 2. This act shall take effect immediately.

438 LAWS OF NEW YORK. [Chap.

AN ACT to authorize the city of Utica to purchase lands for a
public park in the second ward of said city and to issue bonds
to provide for payment thereof.

Passed without the acceptance of the city.

Became a law, March 14, 1002, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. City authorized to buy lands for park, et cetera. —
The common council of the city of Utica is hereby authorized
to purchase lands in the second ward of said city for a public
park for the use and benefit of the inhabitants of said city.
To provide for the payment for said lands, the common council
of said city is hereby authorized to borrow not more than nine
thousand dollars and issue the corporate bonds of the city
therefor, payable at such times and in such amounts as may
be ordered by the common council, but none of them shall run
for more than six years. Said bonds shall be signed by the
mayor and clerk and shall bear annual interest at not exceed-
ing five per centum per annum.

§ 2. Sale and application of proceeds, et eetera. — ^Said bonds
shall not be sold for less than par and the proceeds thereof, in-
cluding any premiums received upon such sale, shall be set
apart by the treasurer of said city as a separate fund to be
used for the purchase of such lands. Any and all sums remain-
ing in such fund after paying for said lands may be transferred
by the common council to the city fund for the use and purposes
of the city.

§ 3. Tax for payment of bonds. — ^The common council shall
raise each year in the annual city tax levy such sums as mny
be necessary to pay the amounts of principal and interest fall-
ing due during the ensuing year on the bonds hereby authorized.

S L, This act shall take effect immediately.

158.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 439

. 1

AN ACT amending the county law, in relation to the registra*

tion of dogs.

Became a law* March 14, 1902, witb the approyal of the GoTeroor. Passed.

three-fifths being present.

The People of the State of New YorJCy represented in Senate and
A.S9embly, do enact as follows:

Section 1. Section one hundred and twenty-eight of article
six of chapter six hundred and eighty-six of the laws of eight-
een hundred and ninety-two, entitled "An act in relation to
counties, constituting chapter eighteen of the general laws," as
added by chapter four hundred and flf ty-five of the laws of nine-
teen hundred and one, is hereby amended to read as follows:

§ 128. Adoption by coimty of dog registration provisioni.—
The board of supervisors of any county may, by resolution
adopted at an annual meeting, determine that the provisions of
sections one hundred and twenty-eight to one hundred and
thirty-six, both inclusive, of this article shall apply to such
county after a date to be specified in such resolution, which date
shall be subsequent to the last publication of the resolution as
herein required. Such resolution shall also prescribe the
annual registration fee to be paid within the several towns in
such county for every dog over four months old. A certified
copy of such resolution shall be filed in the offices of the secre-
tary of state and of the county clerk of such county, and such
resolution, together with sections one hundred and twenty-eight
to one hundred and thirty-six, both inclusive of this article
shall be published once in each week for six successive weeks
in at least two newspapers published in the county to be desig-
nated by the board of supervisors. After the date specified in
such resolution which shall be subsequent to such publication
no taxes upon dogs shall be assessed in any town or village in
such county, and the board of supervisors may at any subse-
quent meeting thereof prescribe a different annual registration
fee but must publish such change at least once each week for
three successive weeks in at last* two newspapers to be desig*

^So In the originaL

440 LAWS OP NEW YORK, [Chap.

nated by the board of supervisors. The board of supervisors
of such county may thereafter by resolution adopted, filed and
published in like manner determine that the provisions of such
sections shall not apply to such county, and after the date speci-
fied in such resolution the provisions of law for assessment
and collection of taxes on dogs shall apply to such county as
if the resolution applying such sections had not been adopted.

§ 2. Section one hundred and twenty-nine of such article and
chapter, as added by chapter four hundred and fifty-five of the
laws of nineteen hundred and one, is hereby amended to read
as follows:

§ 129. Payment of fees; issue of tags; definition of dog. —
Within thirty days after the date speciAed in the resolution,
every person resident within a town in such county owning or
harboring a dog over four months old shall pay to the town
clerk of the town in which he resides, the registration fee pre-
scribed by such resolution; and every person who shall there-
after acquire or harbor such a dog for which such registration
fee has not been paid shall pay such fee within ten days after
acquiring or harboring the same. A fee so paid shall entitle
such dog to registration until the thirty-first day of Decem-
ber following such payment; and thereafter on or be-
fore the tenth day of January in each year a like
fee shall be paid by a person owning or harboring
such dog. Upon the receipt thereof, the town clerk shall
enter in a book kept for that purpose, the name of such owner
or person, a de? .Wption of such dog, and the date of the pay-
ment of the "..egistration fee; and shall furnish for the use
of such dog a -suitable metallic tag stamped with the year
of issuance and with a number corresponding with the regis-
tration number of such dog. Such tag shall be worn by such
dog at all times during the year for which the registration fee
shall be so paid. The town clerk shall furnish a duplicate of
such tag, whenever the same shall be lost, upon payment of the
cost thereof. The expense of procuring such tags shall be paid
in the same manner as other town charges from the moneys
received from the registration fees. The term dog, as used in
sections one hundred and twenty-eight to one hundred and
thirty-six, both inclusive, of this article^ includes bitch.

158.] ONE HUNDRED'AND TWENTY-FIFTH SESSION, 441

§ 3. Section one hundred and thirty-three of such article and
chapter, as added by chapter four hundred and fifty-five of the
laws of nineteen hundred and one, is hereby amended to read as
follows:

§ 133. Seizure of dogs not tagged or registered. — Each con-
stable in such county shall after the expiration of such thirty
days from the date specified in such resolution seize and keep
in his possession, until disposed of as herein provided, every
dog running at large in his county and not wearing such tag
and every dog of which he shall be informed by the town clerk
of his town by written notice. He shall forthwith post a notice
in a conspicuous place in the office of the town clerk, contain-
ing a description of the dog so seized, and a statement of the
time of seizure thereof, and th$it the said dog will be killed at
the end of seventy-two hours from the time of posting,
such notice stating the hour of such posting, unless
the same is registered and the fee for seizing the same as herein
provided is paid within such time and shall also servo
a copy of the notice so posted, at least forty-eight hours
before such dog shall be killed, upon the owner or person har-
boring such dog, provided that he be known to such constable
or can with reasonable diligence be ascertained by him within
said county, personally or by leaving the same at his last known
place of residence with a person of suitable age and discretion.
The constable sliall at the end of seventy-two hours from the
time of posting and after so serving such notice kill such dog by
shooting, unless the same shall before the expiration of that
time be registered and a tag procured for the same as provided
in section one hundred and twenty-nine, and in addition thereto,

the sum of two dollars be paid to such constable for his fees, in
which case such dog shall be released. Every constable shall

be entitled to receive a fee of one dollar for each dog seized and

killed by him under the provisions of this section or of section

one hundred and thirty-four of this article, to be paid as other

town charges are paid from moneys received for registration

fees.

§ 4. This act shall apply to all counties which have heretofore

adopted the provisions of sections one hundred and twenty-eight

to one hundred and thirty-six both inclusive of article six of

chapter six hundred and eighty-six of the laws of eighteen hun-

442 LAWS OF NEW YORK. [Chap.

dred and ninety-two, as added by chapter four hundred and flfty-
flye of the laws of nineteen hundred and one*
§ 6. This act shall take effect immediately.

Ctiap. 159.

AN ACT to repeal section thirteen of chapter one hundred and
eighty-six of the laws of eighteen hundred and seventeen, enti-
tled "An act to incorporate the Cohecton bridge company,*'
and to authorize the stockholders of said bridge company to
increase the capital stock thereof and to construct an iron
bridge.

Became a law, March 14, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

^^mSe^ Section 1. Section thirteen of chapter one hundred and eighty-
six of the laws of eighteen hundred and seventeen, entitled "An
act to incorporate the Cohecton bridge company " as amended
by chapter three hundred and fifty-six of the laws of eighteen
hundred and sixty and by chapter seven hundred and eighty-
nine of the laws of eighteen hundred and ninety-seven, is hereby
repealed.
to^iMKMe § ^* ^^® stockholders of the said bridge company are hereby
ttSoL^ authorized at their option to increase the capital stock of said
corporation so that the same shall not exceed the sum of
fifteen thousand dollars for the purpose of constructing an iron
bridge in the place and stead of the wooden bridge now in use,
and in case said stock shall be so increased the directors of said
bridge company shall cause the new stock to be sold at not
less than its nominal value and erect an iron bridge, and in
case the sale of the new stock shall not bring sufficient money
to pay for the iron bridge the directors may assess all of the
outstanding stock for that purpose.
( 3. This act shall take effect immediate!;.

160.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 443

Chap. 160.

AN ACT to legalize certain acts of the corporation known as the
United Presbyterian synod of New York.

Became a law, March 14, 1002, with the approval of the Governor. Passed^

a majority being present

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

Section 1. The acts and resolutions of the United Presbyte- poilSJ?^'
rian synod of New York, a religious corporation duly incorpor- ****^*^*'-
ated under the laws of the state of New York, performed and
passed at a meeting thereof held on the sixteenth day of Octo-
ber, nineteen hundred and one, in the city of Jersey City, in the
state of New Jersey, whereby the number of trustees of such
corporation was increased from six to nine, and the election of
three additional trustees of such corporation at such meeting,
are hereby legalized, ratified and confirmed, and shall be of the
same force and effect as though such corporation was author*
ized, under the laws of the state of New York, to so increase the
number of its trustees, and to elect such additional trustees.
The secretary of state is hereby authorized to file supplemental Jf^*57
articles of incorporation, certified by the moderator and clerk foinS'JJIlS

plein6iitiU

of the meeting at which the resolution increasing the number of articieaof

*^ '^ Inoorpora*

trustees of such corporation was adopted, which shall contain a "®°-
copy of such resolution, and a statement of the names of the
additional trustees elected at such meeting. Upon the filing of
such supplemental articles of incorporation the number of the
trustees of such corporation shall be nine, and the additional
trustees elected at such meeting shall have the same powers
and duties as the other trustees of such corporation*
§ 2. This act shall take effect immediately.

444 LAWS OF NEW YORK. [Chap.

Chap. 161.

AN ACT to amend the forest, fish and game law in relation to
bin ok nnd gray squirrels generally and game in Rensselaer
county.

Became a law, March 14, 1902, with the approval of the Governor. Passed,

a majority being present

TJie People of the State of New York, represetited in Senate and
Assemhlyy do enact as follows:

Section 1. Sections twelve and twelve-a of article one of chap-
ter twenty of the laws of nineteen hundred, entitled "An act
for the protection of the forests, fish and game of the state,
constituting chapter thirty-one of the general laws," are hereby
amended to read as follows:

§ 12. Black and gray squirrels. — The close season for black
and gray squirrels shall be from December sixteenth to Sep-
tember fifteenth both inclnsive.

§ 12-a. Black and gray squirrels; special. — ^The close season
for black and gray squirrels in Greene county shall be from
December sixteenth to September thirtieth, and in Rensselaer
county from December first to September thirtieth both inclu-
sive.

§ 2. Section twenty-seven of said act is hereby repealed.

Ctiap. 1 62.

AN ACT to amend chapter two hundred and eighty-five of the
laws of eighteen hundred and eighty-four, entitled "An act to
provide for the transfer of securities and property by bank-
rupt corporations, to the receivers of such corporations, ami
for the transfer by the superintendent of the insurance depart-
ment to receivers of insolvent life insurance and annuity com-
panies of funds and securities deposited with such superin-
tendent by such comj)anies for the security of policy-holders."

Became a law, March 14, 1902, with the approval of the Governor. Passed,

a majority being present.

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

amended. Soctiou 1. Scctiou two, chapter two hundred and eighty-five
of the laws of eighteen hundred and eighty-four, entitled "An

1G2.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 445

act to provide for the transfer of securities and property by
bankrupt corporations to the receivers of such corporations and
for the transfer by the superintendent of the insurance depart-
ment to receivers of insolvent life insurance and annuity com-
panies, of funds and securities deposited with such superin-
tendent by such companies for the security of policy-holders/*
i» hereby amended so as to read as follows:

§ 2. In every case where life insurance or annuity companies, iJ,SS5iw
or any corporation of either of the classes provided for SpremJ*"**

court may

by articles two and five of the insurance law, ^titled gjej^j^^^
respectively " life, health and casualty insurance corporations " JTSJceuer,
and " title and credit guaranty corporations," whether formed
under said articles or prior thereto, has been or here-
after may be dissolved, and a receiver thereof appointed, upon
the application of the attorney-general, or by action begun in
the name of the people of the state of New York, each and every
security and fund which shall have been deposited by such com-
pany prior to its dissolation, with the superintendent of the
insurance department, for the security and protection of its
policy-holders or any class of such policy-holders, under the
statutes in such cases made and provided, may, by an order of
the supreme court, made at a special term thereof held within
the judicial district in which the principal office of such company
was located, prior to its dissolution, upon the application of
the attorney-general, after service of eight days' written notice
of such application upon the superintendent of the insurance
department, be transferred from the said superintendent of the
insurance department to the receiver of such company; and
thereupon the said superintendent shall deliver such funds and
securities to such receiver, and to him the title thereto shall
remain vest. Such receiver shall thereupon convert such securi-
ties and funds into money, and shall distribute the proceeds
thereof, and of each and every class of such funds or securities,
among the respective holders of valid policies of such company
for whose benefit and security the deposit or deposits were
originally made proportionately to the respective valuations of
such policies, as shall be ascertained in proceedings taken by
such receiver for the Valuation of i>olicies, and the determina-
tion of the liabilities of such company under the statutes in such
oases made and provided, and the course and practice of the

446 LAWS OF NEW YORK, [Chap.

supreme court in cases of insolvent corporations, until such
valuation shall have been paid in full. If any portion of such
proceeds shall then remain, such balance may, under an order
of the supreme court in such behalf duly made at special term,
be made a part of the general assets of such receivership, and
thereupon be distributed by said receiver in payment of or upon
the general liabilities of such dissolved company according to
law. And in case of a corporation formed under the laws of
any other state, doing insurance business in this state of the
nature of that done by the corporations above mentioned, in
case of any action or proceeding brought or hereafter to be
brought in this state by the attorney-general, or in the name of
the people of the state of New York, for the winding up of its
business in this state, or for or involving distribution of its
assets therein, the same proceedings may be had with reference
to any securities and funds deposited by such corporation with
the superintendent of the insurance department of this state
under the statutes in such case made and provided, as are here-
inbefore provided with reference to deposits of corporations of
this state, save only that the order for transfer of the deposit
may be made in the judicial district in which the principal office
of the corporation in this state was located at the commence-
ment of the action or proceedings, or in the third judicial dis-
trict.
§ 3, This act shall take effect immediately.

163.

AN ACT to amend chapter four hundred and fifty-seven of the
laws of eighteen hundred and ninety, entitled "An act to pro-
vide for the care, control and management of the cemetery in
the ninth ward of the city of Syracuse," in relation to the
name and management thereof.

Accepted by the city.

Became a law, March 14. 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

tended. Scctiou 1. Scctiou ouc of chapter four hundred and fifty-seven
of the laws of eighteen hundred and ninety, entitled "An act to

163.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 447

provide for the care, control and management of the cemetery
in the ninth ward of the city of Syraoase/' is hereby amended
so as to read as follows:

§ 1. The cemetery situated on farm lot number one hundred ^m? of
and sixty-seven, in that part of the late town of Geddes, an-
nexed to the city of Syracuse by chapter three hundred and
ninety-seven of the laws of eighteen hundred and eighty-six,
shall be known and hereafter designated as Myrtle Hill ceme-
tery, and shall be under the care, control and management of
five trustees, who shall be residents and freeholders of the ninth
or tenth wards of the city of Syracuse.

§ 2. Section two of said act is hereby amended so as to read
as follows:

8 2. Within ten days after the passage of this act, the mayor Trustee^

w / .f appoint

of the city of Syracuse shall appoint a board of trustees to S;j;j,'S*
be known as the board of trustees of the Myrtle Hill cemetery
In said dty, which shall consist at all times of five members.
The first Ave trustees shall respectively hold oflBce until the first
day of March, eighteen hundred and ninety-two, eighteen hun-
dred and ninety-four, eighteen hundred and ninety-six, eighteen
hundred and ninety-eight, nineteen hundred. When appointed,
their respective terms of office shall be designated. The terms
of all other trustees appointed under this act (except to fill
vacancies) shall be for ten years, and they shall be appointed
by the mayor of said city within ten days prior to the expiration
of the term of any trustee they are appointed to succeed.

§ 8. The trustees of said cemetery heretofore appointed and
now holding office under said section two of chapter four Iniii-
dred and fifty-seven of the laws of eighteen hundred and ninety

shall remain in office for the respective terms for which they
were appointed and shall hereafter be known as the board of
trustees of Myrtle Hill cemetery in the city of Syracuse. New uue.

§ L This aet shall take effect immediately.

448

LAWS OF NEW YORK.

[Chap.

Act
amended*

Mnlnte-

naiii'ftof

hiKliwaya.

• nii-truo

Chap. 164.

AN ACT to amend chapter eighty-three of the laws of nineteen
hundred and one, entitled "An act to provide for the improve-
ment of the public highways in the county of Orange," in rela-
tion to railroad crossings and the use of such public highways
after construction.

Became a law, M'arcli 14, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section five of chapter eighty-three of the laws of
nineteen hundred and one, entitled "An act to provide for the
improvement of the public highways in the county of Orange,"
is hereby amended to read as follows:

§ 5. Any highway or section thereof constructed or improved
under this act shall be maintained in the manner provided in
said chapter one hundred and fifteen of the laws of eighteen
hundred and ninety-eight. No street surface railroad shall be
pruh?bi!Sd. constructed upon any part of the highway in the county of
Orange improved under this act, and chapter one hundred and
fifteen of the laws of eighteen hundred and ninety-eight, and
the acts amendatory thereof and supplemental thereto. If any
telegraph, telephone or electric light poles are erected along
such a highway in such county, they shall be located in all
cases at least twenty feet from the center of the highway.

§ 2. Section six of such act is hereby amended to read as
follows:

§ 6. Whenever a public highway in the county of Orange
improved under this act and chapter one hundred and
fifteen of the laws of eighteen hundred and ninety-eight,
and the acts amendatory thereof and supplemental
thereto, crosses a railroad and a change is made in the
manner of such crossing from grade to overhead or under
grade crossing, or the elimination of a crossing, the board of
supervisors or the sub-contractor for such improvement, may
agree with the railroad corporation owning or operating such
railroad upon the cost of such change and the making thereof,
in which case the railroad corporation shall pay one-half

Orade
croMings.

165.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 449

thereof to the county treasurer of the county of Orange, who
©hall pay one-half of the amount received from such railroad
corporation to the state engineer and surveyor, to be expended
by him for highway improvement under the provisions of
chapter one hundred and fifteen of the laws of eighteen hun-
dred and ninety-eight, and the acts amendatory thereof and sup-
plemental thereto; and the county treasurer shall credit the re-
maining one-half or any part thereof to the sinking fund
authorized to be established by this act or to the general fund
of the county, as the board of supervisors shall direct. When
a highway improved under this act and chapter one hundred
and fifteen of the laws of eighteen hundred and ninety -eight and
the acts amendatory thereof and supplemental thereto, crosses
a street surface railroad by an overhead bridge, the frame work
of the bridge and its abutments shall be maintained and kept
in repair by the railroad company, and the roadway thereover
and the approaches thereto, shall be maintained and kept in
repair by the municipality in which the same are situated.
When such a highway passes under a street surface railroad,
the bridge and its abutments shall be maintained and kept in
repair by the railroad company, and the subway and its ap-
proaches shall be maintained and kept in repair by the munici-
pality in which the same are situated.
§ 3, This act shall take effect immediately.

Chap. 165.

AN ACT to legalize the proceedings of the board of supervisors
of the county of Dutchess relative to the erection of a new
county house in said county and the issuance of county bonds
therefor, and to provide for the payment of said bonds and the
interest thereon.

Became a law» March 14, 1902, with the approval of the Governor. Passed,

a majority being present.

The People of the State of New Tork, represented in Senate and
Assembly, do enact as follotcs:

Section 1. The proceedings taken by the board of supervisors Sjf^
of the county of Dutchess, at its annual session in the year nine- 8^T»on

OQ legalixwl.

450 LAWS OF NEW YORK. [Chap.

teen hundred and one, under the proTisions of section five of
chapter seventeen and section twelve of chapter eighteen of the
general laws, for the erection of a new county house in said
county, the awarding and execution of the contracts for its erec-
tion, the appointment of a committee to erect said building and
to audit and pay the bills of the contractors therefor, and the
resolution providing for the execution of bonds aggregating
sixty- five thousand dollars, are, subject to the provisions of this
act, in all things hereby ratified and confirmed; and the said
5Sdobu- bonds when issued, shall be valid county obligations and a lien
fMioiM. upQn the taxable property of said county of Dutchess, exclusive
of the city of Poughkeepsie, which fact shall be recited in said
bonds which shall also contain a recital of this act.

§ 2. The said bonds shall be issued and delivered to the pur-
chasers to whom they have heretofore been awarded, and upon
the award heretofore made of the same, provided the said pur-
chasers are willing to accept said bonds upon the said award,
under this act; otherwise said bonds shall be resold, and the
notice of sale thereof shall state that pursuant to chapter four
hundred and twenty-five of the laws of eighteen hundred and
ninety-six and of this law, such bonds, when issued, shall be
obligations for which said county, exclusive of the city of
5S?J?" Poughkeepsie, shall be liable. The negotiation of said bonds,
if resold, shall be by selling the same to the highest bidder at
not less than par, upon giving not less than ten days' previous
notice of the time and place of sale, by publishing the same in
two newspapers printed in said county of Dutchess.

§ 3. The board of supervisors of said county of Dutchess shall
cause such taxes to be levied upon and collected from the
property within said county, exclusive of said city, as may be
necessary to pay the installments and interest on said bonds
as they shall become due, until said bonds and the interest
thereon are fully paid.
§ 4. This act shall take effect immediately.

166.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 451

Clnap. 166.

AN ACT to amend the highway law relative to the throwing of

rubbish on highways.

Became a law, March 14, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of Neio Torky represented in Senate and
Assembly f do enact as follows:

Section 1. Subdivision five of section twenty of chapter five f^^^
hundred and sixty-eight of the laws of eighteen hundred and
ninety, entitled ^^An act in relation to highways, constituting
chapter nineteen of the general law," as amended by chapter
fifty-five of the laws of nineteen hundred and one, is hereby
amended to read as follows:

§ 6. Cause all loose stone lying in the beaten track of every, SrtoSI?
highway within his district, to be removed once in every month, **^**'
from the first day of April until the first day of December, in
each year. Stones so removed shall not be thrown into the gut-
ter, nor into the grass adjoining such highway, but they shall be
conveyed to some place, from which they shall not work back or
be brought back into the track by the use of road machines or
other implements used in repairing such highways. Any person
who shall violate the provisions hereof or who shall deposit or
throw loose stones in the gutter or grass adjoining a highway
or shall deposit or throw upon a highway ashes, papers, stones,
sticks, or other rubbish, to the detriment or injury of the public
use of, or travel upon such highway, shall be liable to a penalty ^•"•''y-
of ten dollars, to be sued for and recovered by the commissioner
or commissioners of highways, or in case of his or their refusal
or neglect to act, by any taxpayer of the town in the name of the
town in which the o£Fence shall be committed, and when recov-
ered, one-half of the amount shall be applied by them in improv-
ing the highways and bridges in such town. The other half
shall be paid to the person upon whose written information the
action was brought. Any commissioner of highways who shall
neglect to prosecute for or join in an action with the other com-
missioners of highways to recover such penalty, knowing the
same to have been incurred, or within twenty days after a

452

LAWS OP NEW YORK.

[Chap.

Bwopn statement has been laid before them showing that a party
is liable to such penalty, shall be gniltj of a misdemeanor.
. § 3. This act shall take effect immediately.

Extension
of time to
pay
menti.

Payments,
wben due.

Chap. 167.

AN ACT to provide for extending the time in which to pay as-
sessments for improvements ordered by the public improve-
ment commission of the city of Cohoes and for retiring certifi-
cates of indebtedness issued by the city of Cohoes for such
improvements and fop the issue of certificates of indebtedness
to cover the costs of improvements.

Accepted by the city.

Became a law, March 15, 1902, with the approval of the Governar.

three-fifths being present.

Passed,

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

Section 1. Any person, persons or corporations against whose
property an assessment has been levied for any of the improve-
ments heretofore made or ordered by the public improvement
commission of the city of Cohoes and of which there remains
the whole or any part unpaid shall be discharged from said
assessment by paying to the chamberlain of the city of Cohoes
within twenty days after the passage of this act the unpaid
principal amount of said assessment together with all unpaid
interest thereon computed at the rate of four per centum per
annum from the date of the confirmation of such assessment
to the date of payment; but any such person, persons or cor-
porations may have the time in which to pay the same extended
so as to make the unpaid portion of such assessment payable
in twenty equal installments plus interest at the rate of four
per centum per annum which shall become due and payable
yearly on each installment, by paying the first of such install-
ments and all unpaid interest to date of payment computed at
the rate of four per centum per annum which payment shall be
made within two months from the time of the passage of this
act. The remaining installments shall be payable one at the
expiration of each year for the next nineteen years. Upon fail-

167.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 453

ure to pay any such installment and interest within two months
after the same shall become due the whole of the remainder of
said assessment shall become due and payable immediately with
interest at the rate of one per centum per month.

§ 2. The common council of the city of Cohoes is hereby au- coSl"?''
thorized to retire the certificates of indebtedness heretofore to reure

and l§8ue

issued for any of the improvements mentioned in section one SflJafSf'of
of this act by paying thereon such sums and amounts as may iTe^f'"^-
have been collected from the assessments levied for such im-
• provements and by issuing new certificates of indebtedness for
the amount remaining unpaid. Said certificates of indebted-
ness shall be signed by the mayor of said city and countersigned
by the chamberlain and city clerk and the seal of said city
affixed thereto by said clerk. They shall be of such denomi-
nations and payable at such time or times and places not ex- Sfhllf^'**'
ceeding nineteen years as the common council shall determine p*^****®-
and shall bear interest at a rate not exceeding four per centum
per annum to be fixed by said common council. Such certifi-
cates shall be sold by the chamberlain of said city at public
auction and at not less than par after giving ten days notice pubuca"?ott

of! amIo

by advertising such sale in a newspaper to be designated by
the common council.

§ 3. The common council of said city is also authorized and
directed to issue certificates of indebtedness of said city to the
amount of all unpaid assessments heretofore levied for the pay-
ment of improvements made or ordered by the public improve-
ment commission of the city of Cohoes, and for which no cer-
tificates of indebtedness have been issued. Such certificates
shall be issued and sold in the same manner and form as the
certificates provided for in section two of this act, and the Appiica-

tion of

proceeds thereof shall be deposited with the chamberlain sub- pK)cee<i«.
ject to the order of the public improvement commission of the
city of Cohoes.
§ 4. This act shall take effect immediately.

464 LAWS OF NEW YOBK. [Chap.

Ctiap. 168.

AN ACT to amend the general city law, relating to crematories

for the disposal of garbage.

Became a law, March 15, 1902, with the approval of the GbTernor. Passed,

three-fifths being present.

The People of the State of New Tork, represented in Senate xnd
Assembly^ do enact as follows:

Section 1. Article one of chapter three hundred and twenty-
seven of the laws of nineteen hundred^ entitled '^ An act in rela-
tion to cities, constituting chapter twenty-two of the general
lawS|" is hereby amended by adding at the end thereof a new
section to be known as section fifteen and to read as follows:

§ 15. Operation of crematories for disposal of garbage. — A crema-
tory owned or controlled by any person or corporation or by
a city, for the consuming of garbage or other refuse matter
from any city, shall be so operated by the use of coke, charcoal,
or other fuel device or method that the noxious gases and
fumes arising from the consumption of such garbage or other
refuse matter shall be burned or disposed of without offense to
the persons residing in the neighborhood of such crematory.
The city authorities or the person .or corporation owning or con-
trolling such crematory shall cause the necessary devices, and
fuel or other supplies to be furnished for the consumption or
proper disposal of such gasea and fumes. Any city employee or
other person operating such crematory who shall fail or neglect
to use the devices and supplies furnished for such consumption
or disposal shall be guilty of a misdemeanor.

§ 2. This act shall take effect immediately.

Chap. 169.

AN ACT to amend the membership corporations law relating to
corporations for the prevention of cruelty.

Became a law, March 15, 1902, with the approval of the GoTernor. Passed,

a majority being present

The People of the State of New Yorkj represented in Senate and
Assemhlj/y do enact as follows:

Section 1. Section seventy-one of article five of the member-
ship corporations law is hereby amended to read as follows:

170.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 455

§ 71. ProhibitioiL of new corporations in certain connties.— A
corporation for the prevention of cruelty to animals shall not
hereafter be incorporated for the purpose of conducting its
operations in the counties of New York, Kings, Queens, Rich-
mond, Suffolk, Westchester or Rensselaer, or in any other
county if thereby there would be two or nlore such corporations
formed for the purpose of conducting operations in such county.
But any corporation for the prevention of cruelty to children
or to animals or to both may exercise its powers and conduct
the like operations in any adjacent county in which no such
corporation for such purpose exists, and may continue to do so
until the establishment of such a corporation therein.

§ 2. This act shall take effect immediately.

Chap. 170.

AN ACT to provide for the audit and payment of certain out*

standing claims against the city of Syracuse, constituting the

deficiency for the years eighteen hundred and ninety-six, eight*

een hundred and ninety-seven, and eighteen hundred and

ninety-eight.

Accepted by the city.

Became a law, March 15, 1902, with the approval of the Governor. Paased,

three-fifths being present.

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

Section 1. Ceylon H. Lewis, Charles Hubbard, and Eugene J. £!IIIioi»
Mack, the comptroller of the city of Syracuse, all of the city of ^^^"^
Syracuse, are hereby authorized and directed to determine the
several amounts of the deficiencies existing in the general con-
tingent fund, the highway fund, and in any other fund of the
city of Syracuse, on the thirty-first day of December, eighteen
hundred and ninety-eight, and to audit all outstanding claims
against the city of Syracuse, which such city is legally or equi-
tably obligated to pay, and which were incurred between the
thirty-first day of December, eighteen hundred and ninety-five,
and the first day of January, eighteen hundred and ninety-nine.

§ 2. Before entering upon their duties, as prescribed in this 2JJJ"
act, each of said persons shall take and file with the city clerk

456

LAWS OF NEW YORK.

[Chap.

▼•eaaclM.

Ck>inpenM-
tloa.

Dutlet.

Qnoram.

Pabltc*-
tlon of
notice.

Determine
tton.

an oath to faithfully and honestly perform the duties required
of him by this act. In case of the death, resignation or failure
to act of any of said persons a majority of those remaining shall
appoint a suitable person to fill such vacancy. There shall be
allowed and paid by said city to each of said persons, except the
comptroller, as compensation for all expenses incurred in the
performance of his duty under this act, the sum of fifty dol-
lars. They may appoint a clerk, who shall keep a true record
of their proceedings, and who shall receive the sum of fifty dol-
lars as compensation in full for services and all expenses.

§ 3. They shall, within ten days after the taking effect of this
act, meet and organize, and may adjourn from time to time as
may be necessary for the proper performance of their duties,
but they shall complete their work on or before the fifteenth
day of August, nineteen hundred and two. A majority of said
persons shall constitute a quorum for the transaction of busi-
ness. They may adopt rules reguliiting the conduct of proceed-
ings before them. They shall pubish* a notice in the official city
papers specifying the time within which all outstanding claims
described in section one of this act shall be submitted to them.
The expense of the publication of such notice shall be a city
charge, to be paid in the same manner as other city charges.
Any one of them may administer oaths, and a majority of them
may subpoena witnesses and take testimony in respect to the
matters properly brought before them.

§ 4. They shall determine the several amounts of the defi-
ciencies so existing in said city funds on the thirty-first day of
December, eighteen hundred and ninety-eight, and shall audit
all claims presented to them in accordance with the provisions
of this act, and they, or a majority of them, shall certify in de-
tail to the common council and comptroller of said city the
amounts of the deficiencies so existing in each of said city funds
on said date, and the amount at which said several claims are
allowed, and the names of the persons or corporations entitled
to the same respectively. The comptroller shall thereupon issue
warrants upon the city treasurer, payable out of the funds to
be raised by tax for the year nineteen hundred and two, for the
amounts and to the persons or corporations so certified as being
entitled thereto, and the city treasurer shall pay the same.

*So In the original.

171.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 457

DetermiDa-

§ 5. There shall be Included in the annual tax budget of said jJJJfo?
city for the year nineteen hundred and two, in addition to the t^bem!^**

•^ eluded In

items and charges otherwise provided by law as constituting jjj«a^i <««
the same, the total amount of such deficiencies so determined
and certified, and of all such claims so audited, allowed and cer-
tified, including the sum of one hundred and fifty dollars, the
amount provided to be paid as compensation and expenses of
said persons and their clerk, the whole of which amount shall
be levied and assessed on the taxable property in said city, and
collected for the year nineteen hundred and two, in the same
manner as other city taxes are levied, assessed and collected for
said year.

§ 6. Nothing contained in this act shall affect any action or Provua
proceeding now pending against the city of Syracuse, or any
former or present board or oflScer thereof, or any liability al-
ready incurred by said city or any such board or officer.

§ 7. This act shall take effect immediately.

Chap. 171.

AN ACT to amend the tax law, relative to the sale of lands for

unpaid taxes.

Became a law, March 15, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Torky represented in Senate and
Assembly y do enact as follows:

Section 1. Section nine of chapter nine hundred eight of the
laws of eighteen hundred ninety-six, entitled "An act in relation
to taxation, constituting chapter twenty-four of the general
laws/' is hereby amended to read as follows:

§ 9. Place of taxation of real property. — When real property
is owned by a resident of a tax district in which it is situated,
it shall be assessed to him. When real property is owned by a
resident outside the tax district where it is situated, and is occu-
pied, and the occupant is a resident of the tax district, it shall
be assessed to either the owner or occupant. If the occupant
resides out of the tax district or if the land is utioccupied, it shall
be assessed as non-resident, as hereinafter provided by article two.

458 LAWS OP NEW YORK. [Chap.

In all caees the asBessment shall be deemed as against the real
property itselfi and the property Itself shall be holden and liable
to sale for any tax levied upon it.

§ 2. Said chapter is hereby amended by inserting therein in
article three a new section to be numbered sixty, and to read
as follows:

§ 60. Certain errors in roll to be corrected. — The assessment
of a non-resident parcel of real estate in the resident portion
of the roll, the assessment of a resident parcel of real estate in
the non-resident portion of the roU^ an error in the name of the
owner or occupant or the assessment of a parcel of real estate
to the name of a deceased person or to his e^ate, shall not render
the assessment invalid or render the tax levied on the valuation
of said real estate invalid. The board of supervisors of each
county may at any time before levying the tax as provided in
article three of this act, at the request of the supervisor of the
tax district in which the real estate is situated, correct any errors
which may come to his knowledge in the assessment of any par-
cel of real estate in his district, in either of the. cases mentioned
in this section*

§ 3. Section eighty-nine of said chapter is hereby amended to
read as follows:

§ 89. Unpaid taxes on resident real property to be reassessed. —
When the tax on any real property, not assessed as non-
resident, is returned as unpaid and so remains, the county treas-
urer shall immediately deliver a transcript thereof to the super-
visor of the tax district in which such tax was assessed. Such
supervisor shall, if in his power, within thirty days there-
after, cause an accurate description of such real prop-
erty to be made and returned to said treasurer, with the correct
amountof taxes thereon, each kind of tax beingstated separately,
and if necessary, he may cause a survey and map of any of said
real property to be made, and the expense of such survey and map
on, or for each lot or parcel shall be returned to said treasurer,
and be a legal charge upon such real property and be collected
with the taxes thereon. The amount of such tax shall bear
interest at the rate of eight per centum per annum from the
first day of February until paid, or until the sale of such property
to satisfy such tax by the county treasurer, or if the property
is located in a county embracing a portion of the forest preserve,

171.] ONE HUNDBED AND TWENTY-riFTH SESSION. 469

until the return of such unpaid tax to the comptroller. And such
real property and the tax thereon shall be regarded for all pur-
poses of aseessmenty collection and sale as non-resident, and sub-
ject to all the provisions of the tax law in relation to non-resi-
dent real property and non-resident taxes.

§ 4. Section one hundred of eaid chapter amended by chapter
three hundred and sixty-two of the laws of eighteen hundred
ninety-eight, is hereby amended to read as follows:

§ 100. Betnm of unpaid non-resident taxes. — ^The collector
shall return the original assessment roll to the county
treasurer, and when the treasurer finds an account of
unpaid taxes on real property or unpaid taxes on corporations,
received from a collector to be a true transcript of euch original
assessment roll to which the collector's warrant is attached, with
the descriptions furnished by the supervisor as provided in sec*
tion eighty-nine, he shall add to it a certificate that he has exam-
ined and compared the account with such roll and found it to be
correct, and after crediting the collector with thu amount
thereof, he shall^ except in Saint Lawrence, Lewis, and Oneida
counties, in case his county embraces a x>ortIon of the forest
preserve, before the first day of May next ensuing, transf-
mit such account, affidavit and certificate to the comptroller who
may before acting thereon return any such account to the county
treasurer for correction, who shall make such correction and
return to the comptroller in one month thereafter or as the
comptroller may otherwise direct.

§ 5. Section one hundred one of said chapter is hereby
amended as follows:

§ 101. Bejeotion of taxes. — ^The comptroller shall examine every
account of arrears of taxes on lands of non-residents re-
ceived from the county treasurer and reject all taxes entered
therein, found to be erroneous, or charged on lands imperfectly
described, and shall annually on or about September first,
transmit to each county treasurer a transcript of the taxes of
the preceding year in any tax district of his county, which shall
have been rejected for any cause, with the grounds of such re-
jection. The comptroller may correct the description of real
property in cases where the error is of such nature that the
word, words or figures necessary to correct the same are self
evident from the context.

460 LAWS OF NEW YORK. [Chap.

§ 6. Section one hundred thirty-four of said chapter is hereby
amended to read as follows:

§ 134. Notice to occupants. — If any lot or separate tract of
land sold for taxes by the comptroller and conveyed, or any
part thereof shall, at the time of the expiration of one year
given for the redemption thereof, be in the actual occupancy
of any person, the grantee to whom the same shall have been
conveyed, or the person claiming under him, shall within one
year from the expiration of the time to redeem, serve a written
notice on the person occupying such land, either personally or
by leaving the same at the dwelling house of the occupant, with
a person of suitable age and discretion belonging to his family.
If the occupant does not reside in the tax district in which the
real estate is situated the notice may be served by mail in the
manner required by law in respect to notices of non-acceptance
or non-payment of notes or bills of exchange. Service on one
I joint tenant or tenant in common shall be service on all the

joint tenants or tenants in common. Service on a tenant shall
be service on his landlord. The term "occupant" shall be con-
strued to mean a person who has lawfully entered upon the
land so occupied, and is in possession of the same to the exclu-
sion of every other person. And the term "occupancy" shall
mean the actual lawful and exclusive use and possession of such
lands and premises by such an occupant. The notice shall state
in substance, the sale and conveyance of the land, the person
to whom made^ the amount of consideration money mentioned
in the conveyance, with the addition of thirty-seven and one-
half per centum thereon and of the sum paid for the deed, and ,
that unless such consideration money and percentage with the
sum paid for the deed, shall be paid into the state treasury for
the benefit of the grantee, within six months after the time of
filing in the comptroller's office of the evidence of the service
of such notice, the conveyance shall become absolute and the
occupant and all others interested in the land be forever barred
from all right or title thereto. No conveyance made in pur-
suance of this section shall be recorded until the expiration
of the time mentioned in such notice, and the evidence of the
service of such notice shall be recorded with such conveyance.

172.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 461

§ 7. Section one hundred fifty of said chapter as amended
by chapter three hundred sixty-two of the laws of eighteen hun-
dred ninety-eight is hereby amended to read as follows:

§ 150. When lands to be sold for unpaid taxes. — ^Whenever
any tax charged on real estate in the counties of Saint
Lawrence, Lewis and Oneida, or in a county not includ-
ing a portion of the forest preserve, is returned, to the county
treasurer, he shall not return the same to the comptroller, but
if such tax, with interest thereon at the rate of ten per centum
per annum computed from the first day of February after the
same is levied, shall remain unpaid for six months from that
date, such county treasurer shall advertise and sell such real
estate, as herein provided, for the payment of such tax, and
interest and the expense of such sale. The expense of publica-
tion of the notice of sale and the list of lands to be sold and
the expense of conducting the sale shall be a charge on the land
liable to be sold and shall be added to the tax and interest.
The county treasurer of the county of Bockland may defer the
sale of any parcel of non-resident real estate in such county for
unpaid taxes, until the unpaid taxes thereon with accrued in-
terest shall amount in the aggregate to the sum of two dollars,

§ 8. This act shall take effect immediately.

Chap. 172.

AN ACT to amend the tax law, in relation to the taxation of

trust companies.

Become a law, March 17, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Sections two, four and five of chapter one hundred
and thirty-two of the laws of nineteen hundred and one, entitled
"An act to amend the tax law, in relation to the taxation of
trust companies," which were' inadvertently repealed by chapter
five hundred and thirty-five of the laws of nineteen hundred
and one^ entitled " An act to amend the tax law, in relation to

462 LAWS OF NEW YORK. [Chap.

the taxation of trust companies ", are revived and reenacted
and shall be deemed to have continued in force since the date
when said sections originally took effect, as follows:.

§ 2. Section one hundred and eighty-nine of such chapter is
hereby amended by adding thereto a subdivision to be subdivi-
sion seven thereof and to read as follows:

7. Trust companies. — Every company liable to pay a tax under
section one hundred and eighty-seven-a of this chapter shall, on
or before August first in each year, make a written report to
the comptroller of its condition at the close of business on June
thirtieth preceding, separately stating the amount of its capital
stock, the amount of its surplus, and the amount of its undivided
profits, and containing such other data, information or matter
as the comptroller may require.

§ 4. Section two hundred and two of such chapter is hereby
amended to read as follows:

§ 202. Exemptions from other state taxation. — The personal
property of every corporation, company, association or partner-
ship, taxable under this article, other than for an organization
tax, shall be exempt from assessment and taxation upon its
personal property for state purposes, and the personal property
of every corporation taxable under section one hundred and
eighty-seven-a of this article, other than for an organization tax,
and as provided in chapter thirty-seven of the general laws,
shall be exempt from assessment and taxation for all other
purposes, if all taxes due and payable under this article have
been paid thereby. The personal property of a private or in-
dividual banker, actually employed in his business as such
banker, shall be exempt from taxation for state purposes, if
such private or individual banker shall have paid all taxes due
and payable under this article. Such corporation and private
or individual banker shall in no other respect be relieved from
assessment and taxation by reason of the provisions of this
article. The owner and holder of stock in an incorporated trust
company liable to taxation under the provisions of this act
shall not be taxed as an individual for such stock.

§ 5. This act shall take effect immediately.

§ 2. This act shall take effect immediately.

173.1 ONE HUNDRED AND TWENTY-FIFTH SESSION. 463

Chap. 173.

AN ACT to amend section three of chapter five hundred and
sixty-five of the laws of eighteen hundred and ninety-five,
entitled "An act to incorporate the city of Little Falls " and
acts amendatory thereof

Accepted by the city.

Became a law, March 18, 1902, with the approval of the Governor. Passed,

liiree-fifths being present.

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

Section 1. Section three of chapter five hundred and s^^ty*2S^<i
five of the laws of eighteen ninety-five, entitled "An act to in-
corporate the city of Little Falls" and the acts amendatory
thereof, is hereby amended so as to read as follows:

§ 3. Boundaries of city. — ^The territory included within the
following boundaries is hereby constituted a city, which shall
be known as the city of Little Falls, to wit: — Beginning at a
stone monument marked L. F. 1895, N. W. distant five thousand
feet south eighty-two degrees and thirty minutes west (this bear-
ing referring to the true meridian) from stone monument
marked L. F. 1895, 1, which stands north (true meridian) sixteen
hundred and fifty feet from monument number two hundred
and nine of the New York state survey: thence with ninety
degrees left deflection eight thousand six hundred feet to a stone
monument marked L. F, 1895, S. W.; thence with ninety degrees
left deflection eleven thousand six hundred feet to a stone monu-
ment marked L. F. 1895, S. E; thence with ninety degrees Veft
deflection eight thousand six hundred feet to a stone monu-
ment marked L, F. 1895, N. E.; thence with ninety degrees left
deflection four thousand eight hundred and eighty-five and two
tenths feet to a stone monument near the east bounds of Fair-
field road; thence north forty-eight degrees and nineteen min-
utes west one hundred thirty-nine and three tenths feet; thence .
north three degrees and eighteen minutes east along the oast
bounds of the Fairfield road, three hundred and ninety feet;
thence north five degrees and thirty-one minutes west three hun-
dred feet; thence north eight degrees and nine minutes west
two thousand five hundred feet to the intersection of said east

464 LAWS OF NEW YORK. [Chap.

line of the Fairfield road with the south line of the Keller cross
road; thence south eighty-two degrees and fifty-nine minutes
west along the south bounds of said Keller cross road, one thou-
sand nine hundred and nine feet; thence south eighty-three de-
grees forty-three minutes west nine hundred and fifty fe<=!t;
thence south eighty-two degrees and ten minutes west six hun-
dred and sixty feet; thence south seventy-three degrees and
eight minutes west one hundred and fifty feet to the intersec-
tion of the said south line of the Keller cross road, and the
west line of the Top Notch road; thence south three degrees
and fifty minutes east along the west bounds of the Top Notch
road, five hundred and two feet; thence south three degrees
and twenty-six minutes east four hundred feet; thence south
two degrees and seven minutes west three hundred and seventy
feet; thence south eight degrees and nine minutes east one hun-
dred feet; thence south seventeen degrees and forty-four min-
utes east two htindred and ten feet; thence south five degrees
and nine minutes east two hundred and twenty-five feet; thence
south seventeen degrees and twelve minutes west two hundred
and twenty-five feet; thence south twenty-seven degrees and
four minutes west one hundred and twenty-five feet; thence
south thirty-eight degrees and thirty-five minutes west one hun-
dred and sixty-five feet; thence south two degrees and two min-
utes west one hundred and seventy feet; thence south twelve
degrees and forty-seven minutes west three hundred and sixty
feet; thence south forty-four degrees and twenty-three minutes
west nine hundred and eighty-eight feet to a stone monument,
near the west bound of the Top Notch road; thence south eighty-
two degrees and thirty minutes west one thousand seven hun-
dred and five feet to the place of beginning. All courses in the
foregoing bounds refer to the true meridian.
§ 2. This act shall take effect immediately.

174.] ONE HUNDRED AND TWENTY-riFTH SESSION. 465

Chap. 174e

AN ACT to amend section four of chapter five hundred and
sixty-five of the laws of eighteen hundred and ninety-five, enti-
tled "An act to incorporate the city of Little Falls " and acts
amendatory thereof.

Accepted by the city.

Became a law, March 18, 1902, with the approval of the Governor. Passed*

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assembly y do enact as follows:

Section 1. Section four of chapter five hundred and sixty-five ch*rt«r
of the laws of eighteen hundred and ninety-five entitled "An act
to incorporate the city of Little Falls" and the acts amenda-
tory thereof, is hereby amended so as to read as follows:

§ 4. Division of wards; ward boundaries. — The said city shall
be divided into four wards, bounded respectively, as follows:

First ward. — All that part of said city bounded southerly by
the north line of the lands of the New York Central and Hud-
son river railroad company; easterly by the center of Ann street
from the north line of said railroad to its intersection with the
center line of Church street; thence along the center line of
Church street and the present Eatonville road to its intersec-
tion with the city line; thence along said city line westwardly
to the western bounds of the city; and westerly by the western
boundary of said city.

Second ward. — All that part of said city bounded southerly
by the center line of Albany street, commencing at its inter-
section with the center line of Ann street and thence along that
line to its intersection with the center line of Mary street;
thence northerly along the center line of Mary street to its in-
tersection with the center line of Garden street; thence east-
erly along the center line of Garden street to its intersection
with the center line of Salisbury street; thence northerly along
the center line of Salisbury street and the Salisbury road, so
called, to the northern boundary of said city; thence westerly
along the boundary of the city to the west line of the Fair-
field road; thence north along said east bounds to the south
line of the Keller cross road; thence westerly along the south

line of the Keller cross road to the west line of the Top Notch

466 LAWS OP NEW YORK. [Chap.

road; thence south along the west bounds of the Top Notch
road to a stone monument, distant three thousand two hundred
and ninety-five feet south eighty-two degrees and thirty min-
utes west, from the stone monument in the true meridian, men-
tioned in section three of this act as amended ; thence on a bear-
ing south eighty-two degrees and thirty minutes west to the
center line of the Eatonville road; thence southerly along the
center line of said Eatonville road and Church street to the
center line of Ann street; thence southerly along the center line
of Ann street to its intersection with the center line of Albany
street to the place of beginning.

Third ward. — All that part of said city bounded southerly by
the center line of Albany street, commencing at its intersection
with the center line of Mary street, and thence easterly to the
center line of East Main street; thence easteiiy along the cen-
ter line of East Main street to its intersection with the north
line of the lands of the New York Central and Hudson river
railroad company; thence easterly along that line to the city
line, easterly by the eastern boundary of the city, northerly by
the northern boundary of the city; westerly by the center line
of the Salisbury road and along said center line through Salis-
bury street to the center line of Garden street; and thence along
the center line of Garden street to the center line of Mary
street; thence southerly along the center line of Mary street to
the center line of Albany street, to the place of beginning.

Fourth ward. — All that part of said city bounded by the north
line of lands of the New York Central and Hudson river rail-
road company, from its intersection with the city line on the
west, easterly to its intersection with the center line of Ann
street; thence northerly along the center line of Ann street to
its intersection with the center line of Albany street; thence
easterly along the center line of Albany street and of East Main
street to the intersection thereof with the north line of lands
of said railroad company; and thence easterly along said north
line to the city line, and easterly, southerly and westerly by the
boundary lines of the city.

For the purpose of assessment and taxation the land and
property of the Little Falls and Dolgeville railroad company
within said city shall be deemed to be situated, located and
assessable within the third ward of the city as above described.

g 2. This act shall take effect immediately.

175.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 467

AN ACT to release and convey to the Corning foundation for
christian work in the diocese of Albany whatever, if any, title
or interest the people of the state of New York have acquired
in the property and estate of sister Katheryn Brown,
deceased.

Became a law, March 18, 1902, with the approval of the Governor. Passed,

by a two-thirds vote.

The People of the State of New Torhj represented in Senate and
Assembly J do enact as follows:

Section 1. The right, title and interest of the people of the f*»p*j;"p^^JJf
state of New York, if any, in and to the property and estate of '*»«"«* *•
sister Katheryn Brown deceased, of the sisterhood of the holy
child Jesus, engaged in the work of the Corning foundation for
christian work in the diocese of Albany, particularly in a cer-
tain mortgage of September twentieth, eighteen hundred and
ninety-four, given by Anna C. Muxen and Mathias J. Muxen to
Henry Capen, to secure the payment of the sum of five hundred
dollars and interest, recorded in Sac county, Iowa, September
twenty-first, eighteen hundred and ninety-four, in book seven of
mortgages at page three hundred and ninety-one, and the notes
to which it is collateral, and also in a certain mortgage of Janu-
ary second, nineteen hundred and one, given by Otto Fick and
Mary Fick to Fred D, Capen, to secure the payment of the sum
of twelve hundred dollars and interest, recorded in recorder's
office of Nonona county, Iowa, January thirty-first, nineteen
hundred and one, in book thirty-eight of mortgages at page
three, and the notes to which it is collateral, and in and to any
other property or estate left by said decedent, are hereby re-
leased, assigned and transferred to the Corning foundation for
christian work in the diocese of Albany, to be by it applied to
the uses and purposes of the sisterhood of the holy child Jesus;
and the governor of the state of New York is hereby author- 2J2oi5?S]"
ized to execute, on behalf and in the name of the people of the
state of New York any and all proper instruments of transfer
and assignments suitable and proper for the purpose of carry- '

ing out the purpose of this act.

§ 2. This act shall take effect immediately.

468 LAWS OP NEW YORK. [Chap.

Ctiap. 176.

' AN ACT to amend the election law, relative to places of filing

nominations in the county of Dutchess.

Became a law, March 18, 1902, with the approyal of the Governor. Passed,

three-flfths being present.

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

Section 1. Section eighty-six of chapter nine hundred and nine
of the laws of eighteen hundred and ninety-six, entitled ''An act
in relation to the elections, constituting chapter six of the
general laws," as amended by chapter three hundred seventy-
nine of the laws of eighteen hundred ninety-seven, chapter three
hundred eighty-one of the laws of nineteen hundred, and chap-
ters ninety-five and six hundred and fifteen of the laws of nine-
teen hundred and one, is hereby amended to read as follows:

§ 86. Officers providing ballots and stationery. — The clerk of
each county, except those counties the whole of which arc within
the city of New York, shall provide the requisite number of
official and sample ballots, cards of instruction, two poll books,
distance markers, two tally sheets, inspectors' and ballot clerks'
return sheets (three of each kind, and one of each to be marked
"original")? pens, penholders, ink, pencils having black lead,
blotting paper, sealing wax and such other articles of station-
ery as may be necessary for the proper conduct of the election,
and the canvass of the votes, for each election district in such
county and not within the city of New York, for each election
to be held thereat, except that when town meetings, city or
village elections and elections for school officers are not held at
the same time as a general election the clerk of such town, city
or village, respectively, shall provide such official and sample
ballots and stationery for such election or town meeting. If
the town meeting is held on general election day ballots and
sample ballots for town officers and propositions shall be
provided by the town clerk in like manner and in the same
form as at a town meeting held at any other time and such
town clerk shall also furnish inspectors' and ballot clerks'
return sheets for making returns of the election of town officers
and on town propositions or questions. And the board of elec-

17G.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 469

tions of the city of New York shall provide such articles for
each election to be held in said city. Each officer or board
charged with the duty of providing official ballots for any polling
place, shall have sample ballots and official ballots provided,
and in the possession of such officer or board, and open to pub-
lic inspection as follows: The sample ballots five days before
the election, and the official ballots four days before the elec-
tion for which they are prepared unless prepared for a village
election or town meeting held at a different time from a general
election, in which case the official ballot shall be so printed
and in possession at least one day, and the sample ballots at
least two days before such election or town meeting. During
the time within which the same arc open for inspection as
aforesaid, it shall be the duty of the officer or board charged by
law with the duty of preparing the same, to deliver a sample
ballot of the kind to be voted in his district to each qualified
elector who shall apply therefor, so that each elector who may
desire the same may obtain a sample ballot, similar except as
regards color and the number on the stub, to the official ballot
to be voted at the polling place at which he is entitled
to vote. But in the counties of Westchester and Dutchess
when a city, town or village election is held on general elec-
tion day the nominations of candidates for all city, town or
village offices, shall also be filed with the county clerk, and
the same requirements as to time and other matters relative
to filing nominations with county clerk as set forth in this act
shall apply to such nominations; the county clerk shall print the
names of such candidates in the proper column, upon the general
ballot furnished by him, but the town clerk shall furnish the bal-
lots for all local questions submitted and for candidates for
office requiring a separate ballot by reason of only a portion
of the electors of an election district being qualified to vote for
such candidate.
§ 2. This act shall take effect immediately.

470 LAWS OP NEW YOBK. [Chap.

Ctiap. 177.

AN ACT to amend chapter one hundred and eighty-two of the
laws of eighteen hundred and ninety-eight, entitled "An act
for the government of cities of the second class," relating to
ordinances and appropriations of money.

Became a law, March 18, 1902, wl<th the approTal of the GoTemor. Passed,

three-fifths being present.

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

tended. Section 1. Section nineteen of chapter one hundred and eighty-
two of the laws of eighteen hundred and ninety-eight, entitled
"An act for the government of cities of the second class," is
hereby amended so as to read as follows:
2d^5o- § ^^' ^^ ordinance shall be passed by the common council on
mmj^ ^' the same day in which it is introduced, except by unanimous
consent, and no appropriation of money shall be made for any
purpose, except by an ordinance, passed by two-thirds of all
the members, specifying by items the amount thereof and the
department or specific purpose for which the appropriation is
made; and no ordinance shall be passed making or authorizing
SAieorieMo a salc or lease of city real estate or of any franchise belonging
JJJJg^ to or under the control of the city, except by a vote of
two-thirds of all the members of the common council;
and in case of the proposed sale of real estate or
the proposed sale or proposed lease of a franchise, the
ordinance must provide for a disposition under proper
regulations for the protection of the city, at public auction,
after public notice for at least three weeks, to the highest
bidder; and a proposed sale or proposed lease thus originated
shall not be valid nor take effect, unless the aforesaid notice
shall have been given and the aforesaid disposition, namely, a
sale at public auction to the highest bidder shall have been had,
and unless subsequently approved by a resolution of the board
T^Bof^ of estimate and apportionment. No such franchise shall be
granted or be operative for a period longer than fifty years.
§ 3. This act shall take effect immediately.

179.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 471

Chap. 178.

AN ACT to authorize the common council of the city of Elmira
to determine and award damages for destruction of personal
property in smallpox quarantine.

Accepted by the city.

Became a law, March 19» 1902, wkh the approTal of the €rOTemor. Passed,

three-fifths being present.

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

Section 1. The common council of the city of Elmira is hereby
authorized and empowered in its discretion, to ascertain and
determine the extent of the injury to the personal property of
William Cannovan which was contained in his residence and
grocery store, situated on the southwest corner of East Church
and High streets in the city of Elmira, and which was destroyed
in pursuance of an order of the board of health, in the carrying
out of a smallpox quarantine, and to award damages to him
to the extent that said property was injured.

§ 2. The amount of such award shall be borne by said city of
Elmira and shall be included in the final estimates of said city
for the year succeeding the award.

§ 3. This act shall take effect immediately.

Clnap. 179.

AN ACT to amend the charter of the city of Elmira relative to

the salary of the clerk of the city court.

Accepted by the city.

Became a law, March 19, 1902, with the approyal of the Goremor. Passed*

three-fifths being present.

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

Section 1. Section one hundred and twenty-nine of chapter ch«rtj»
six hundred and fifteen of the laws of eighteen hundred and
ninety-four, entitled "An act to revise the charter of the city
of Elmira ^\ is hereby amended so as to read as follows:

472 LAWS OP NEW YORK. [Chap^

§ 129. The clerk of the city court shall receive a salary of
fifty dollars per month. In case of his absence by reason of
sickness or other cause, for the time in which he is absent a
pro rata deduction shall be made from his salary,

ll^ 2. This act shall take effect immediately.

Clnap. ISO.

AN ACT to amend chapter syx hundred and fifteen of the laws

of eighteen hundred and ninety-four, entitled "An act to

revise the charter of the city of Elmira," as amended, relative

to city sealer.

Accepted by the city.

Became a law, March 19, 1902, wkh the approval of the Governor. Passed,

three-fifths being present.

T?i€ People of the State of New York, represented in Senate and
Assemhlyy do enact as follows:

Section 1. Section thirty-nine of chapter six hundred and fif-
teen of the laws of eighteen hundred and ninety-four, entitled
*'An act to revise the charter of the city of Elmira," is hereby
amended to read as follows:

§ 39. The city sealer. — It shall be the duty of the city sealer
to take charge and provide for the safe keeping of the city
standards of weights and measures, and, when directed by the
mayor, he shall, as such city sealer, inspect examine and see
that the weights, measures, and all apparatus used for determin-
ing the quantity of commodities used throughout the city agree
with the standards in his possession. He shall receive an an-
nual salary of such amount as may be fixed by the common
council, payable monthly.

§ 2. This act shall take effect immediately.

181.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 473

Chap. 181.

AN ACT to amend chapter one hundred and ninety-seven of the
laws of eighteen hundred and eighteen, entitled "An act to
incorporate the lyceum of natural history in the city of New
York," a corporation now known as the New York academy
of sciences and to extend the powers of said corporation.

Became a law, March 19, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The corporation incorporated by chapter one hun- aStE^fSSS"
dred and ninety-seven of the laws of eighteen hundred and mo^ey'to
eighteen, entitled "An act to incorporate the lyceum of natural buiwing.
history in the city of New York," and formerly known by that
name, but now known as the New York academy of sciences,
through change of name pursuant to order made by the supreme
court at the city and county of New York, on January fifth,
eighteen hundred and seventy-six, is hereby authorized and em-
powered to raise money for, and to erect and maintain, a build-
ing in the city of New York for its use, and in which also at
its option other scientific societies may be admitted and have
their headquarters upon such terms as said corporation may
make with them, portions of which building may also be rented JJ^g^ ^
out by said corporation for any lawful uses for the purpose ISSmt'**'
of obtaining income for the maintenance of such building and Suuduns.
for the promotion of the objects of the corporation; to establish, objeou.
own, equip, and administer a public library, and a museum hav-
ing special reference to scientific subjects; to publish communi-
cations, transactions, scientific works, and periodicals; to give
scientific instruction by lectures or otherwise; to encourage the
advancement of scientific research and discovery, by gifts of
money, prizes, or other assistance thereto. The building, or fro^S^SS
rooms, of said corporation in the city of New York used "^"'
exclusively for library or scientific purposes shall be subject
to the provisions and be entitled to the benefits of subdivision
seven of section four of chapter nine hundred and eight of the
laws of eighteen hundred and ninety-six, as amended.

§ 2. Section two of said chapter one hundred and ninety-seven

474

LAWS OF NEW YORK.

[Chap.

QCBttftl

Oflleen of

eonttltii-
tloB of so*
deqr to re-
main, an-

iMSyOtO.

of the laws of eighteen hnndred and eighteen, entitled "An act
to incorporate the lyceum of natural history in the city of New
York," is hereby amended so as to read as follows:

§ 2. The said corporation shall from time to time forever here-
after have power to make, constitute, ordain and establish such
by-laws and regulations as it shall judge proper for the elec-
tion of its oflBcers; for prescribing their respective functions,
and the mode of discharging the same; for the admission of
new members; for the government of oflBcers and members
thereof; for collecting dues and contributions towards the funds
thereof; for regulating the times and places of meeting of the
said corporation; for suspending or expelling such members as
shall neglect or refuse to comply with the by-laws or regula-
tions, and for managing or directing the affairs or concerns of
the said corporation; and may from time to time alter or modify
its constitution, by-laws, rules and regulations.

§ 3. Section three of said act is hereby amended so as to read
as follows:

§ 3. The officers of the said corporation shall consist of a
president, and two or more vice-presidents, a corresponding
secretary, a recording secretary, a treasurer, and such other
officers as the corporation may judge necessary; who shall be
chosen in the manner and for the terms prescribed by the con-
stitution of the said corporation.

§ 4. Section five of said act is hereby amended so as to read
as follows:

§ 5. The present constitution of the said corporation
shall after the passage of this act continue to be the
constitution thereof until amended as herein provided*
Such constitution as may be adopted by a vote of not
less than three-quarters of such resident members and
fellows of the said New York academy of sciences as shall
be present at a meeting thereof called by the recording secre-
tary for that purpose within forty days after the passage of
this act, by written notice duly mailed postage prepaid, and
addressed to each fellow and resident member at least ten
days before such meeting, at his last known place of residence,
with street and number when known, which meeting shall be
held within three months after the passing of this act, shall
be thereafter the constitution of the said New York academy

182.] ONE HUNDRED AND TWENTY-FIFTH SESSION.. 476

of sciences, subject to alteration or amendment in the manner
provided by such constitution.

§ 5. 'A new section is hereby added to said act to be known
as section six thereof, which shall read as follows:

§ 6. The said corporation shall have power to consolidate, to foJISifiit
unite, to co-operate, or to ally itself, with any other society or Sther «?
association in the city of New York organized for the promotion
of the knowledge or the study of any science, or of research
therein, and for this purpose to receive, hold and administer
real and personal property for the uses of such consolidation,
union, co-operation or alliance, subject to such terms and regu-
lations as may be agreed upon with such associations or soci*
eties.

§ 6. This act shall take effect immediately.

Ctiap. 182.

AN ACT to amend the legislative law relative to the publica-
tion of concurrent resolutions proposing amendments to the
constitution.

Became a ]aw, March 19, 1002, wHh the approval of the Governor. Passedf

three-fifths being present

The People of the State of New York, represented in Senate and
Aaeemhlyy do enact as follotvs:

Section 1. Section forty-eight of the legislative law is hereby
amended so as to read as follows:

§ 48. Slips of the session laws and concurrent resolutions to^
be forwarded to newspapers. — ^The secretary of state shall send
to each newspaper designated by the members of the board of
supervisors, representing respectively each of the two principal
political parties into which the people of the county are divided,
or if there is but one newspaper published in the county, in
such newspaper, in the order in which they are passed and as
soon as the slips are printed, copies of all laws of a general
nature, of such local laws as relate to the affairs of the county
in which such newspaper is published, and of such concurrent
resolutions as are required to be published. Concurrent resolu-
tions proposing amendments to the constitution shall be pub-
lished in such newspapers once in each week for thirteen con*

476 LAWS OF NEW YORK. [Chap.

secutive weeks, under the direction of the secretary of state, at
the expense of the state, in such a manner, by the use of Italics
and brackets, as to indicate the new matter added or the old
matter eliminated.
§ 2. This act shall take effect immediately.

Chap. 183.

AN ACT to provide for the extraordinary repair and improve-
ment of existing mechanical and other structures and works
on and connected with the canals of this state and to provide
funds for the final payment of canal contracts.

Became a law, March 19, 1002, with the approval of the Governor. Passed,

three-fifths being present.

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

Appropriap Sectiou 1. The sum of two hundred fifty thousand dollars,

Uon for re* v 7

KpJw ^^ ^^ much thereof as may be necessary, is hereby appro-
*°*°^ priated out of any moneys in the treasury not otherwise
appropriated, for the extraordinary repairs and improvements
of existing mechanical and other structures and works on, and
connected with the canals of this state, the same to be expended
by the superintendent of public works for the said purposes, on
plans prepared by the state engineer and surveyor, where such
may be needed, and approved by the said superintendent of
public works.
SSiOTau. § 2. The state comptroller is hereby authorized to borrow, on
borrow^^^ the Credit of the state, by the issue of emergency bonds therefor,
the said sum of two hundred fifty thousand dollars provided
for by section one of this act, so that the said sum may
be made available for the purposes therein named. The said
bonds to be paid for from the avails of state tax when collected
for the fiscal year beginning October first, nineteen hundred
and two.
Appropria^ 8 3. The sum of ninety-three thousand dollars, or so much
thereof as may be necessary, is hereby appropriated for the pay-
ment of claims settled and adjusted in accordance with chapter
eighty-one of the laws of nineteen hundred.
§ 4. This act shall take effect immediately.

money and
luue emer-
gency
bond!.

ttOD.

184.] 0^'E HUNDRED AND TWENTY-FIFTH SESSION. 477

Chap. 184.

AN ACT to authorize the city of Buffalo to issue its bonds for
the purpose of purchasing school lots, and the erecting, com-
pleting and enlarging school buildings.

Accepted by the city.

Became a law, March 19, 1902, with the approval of the Governor, Passed,

three-fifths being present.

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

Section 1. It shall be lawful for the city of Buffalo to issue xnthoHtj

*' to l8SU«

its bonds in 'the sum of six hundred thousand dollars for the ^'^^
purpose of raising money to purchase school lots and erect,
complete and enlarge school buildings, such bonds to bear in-
terest at a rate not exceeding three and one-half per centum per JJ^JSTIInd
annum, tpayable semi-annually at the office of the comptroller of J^ISSL
the city of Buffalo or at the Gallatin national bank in the city
of New York, as the purchaser may elect, the principal to be
payable at the same place, one-twentieth thereof to be payable
at the end of each successive year thereafter until the whole
sum shall have been paid. Such bonds shall be issued from
time to time as may be ordered by the common council, by the
mayor and comptroller, under the city seal, but the amount of
such issue in any one fiscal year shall not exceed the sum of
one hundred and fifty thousand dollars, and such bonds shall
be sold or awarded as provided in section four hundred and
ninety-two of the charter of said city, being chapter one
hundred and 'five of the laws of the state of New York of the
jear eighteen hundred and ninety-one. The common council
shall make provision for the payment of the interest on and the
principal of «aid bonds, as the same shall become, due, in the
general fund estimates for said city.
§ 2. This act shall take effect immediately.

478 LAWS OF NEW YORK. [Chap.

AN ACT to amend the university law, as to the establishment

and support of public and free libraries.

Became a law, March 19, 1002, with the approyal of the Governor. Passed,

three-fifths being present.

The People of the State of New Torky represented in Senate and
Assembly^ do enact as follows:

Section 1. Section thirty-six of chapter three hui^dred and
seventy-eight of the laws of eighteen hundred and ninety-two,
entitled ^'An act to revise and consolidate the laws relating to
the university of the state of New York," as amended by chap-
ter eight hundred and fifty-nine of the laws of eighteen hundred
and ninety-five, is hereby amended to read as follows:

§ 36. Establishment. — By majority vote at any election, any
city, village, town, school district, or other body authorized to
levy and collect taxes, or by vote of its common council, or by
action of a board of estimate and apportionment or other proper
authority, any city, or by vote of its trustees, any village, may
establish and maintain a free public library, with or without
branches, either by itself or in connection with any other body
authorized to maintain such library. Whenever twenty-five tax-
payers shall so petition, the question of providing library facili-
ties shall be voted on at the next election or meeting at which
taxes may be voted, provided that due public notice shall have
been given of the proposed action. A municipality or district
named in this section may raise money by tax to establish and
maintain a public library, or libraries, or to provide a building
or rooms for its or their use, or to share the cost as agreed
with other municipal or district bodies, or to pay for library
privileges under a contract therefor. It may also acquire real
or personal property for library purposes by gift, grant, devise
or condemnation, and may take, buy, sell, hold and transfer
either real or personal property and administer the same for
public library purposes. By majority vote at any election any
municipality or district or by three-fourths vote of its council,
any city may accept gifts, grants, devises or bequests for public
library purposes on condition that a specified annual appropria-
tion shall thereafter be made for maintenance of such library

186.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 479

or libraries. Such acceptance, when approved by the regents
of the university under seal and recorded in its book of char-
ters, and in a school not subject to their visitation when ap-
proved by the state superintendent of public instruction, shall
be a binding contract, and such municipality and district shall
levy and collect yearly the amount provided in the manner pre-
scribed for other taxes.

§ 2. This act shall take effect immediately.

Ctiap. 186.

AN ACT to permit the city of Syracuse to use the balance of
the fund raised to acquire the parcel of land in said city,
known as "Bound Top" for public park purposes, for the
improvement of said park.

Accepted by the cltjr.

Became a law, March 19, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New Yorky represented in Senate and
Assembli/y do enact as follows:

Section 1. The city of Syracuse is hereby authorized and em-
powered to use and expend for the purpose of improving the
tract of land in said city known as " Round Top," and recently
acquired by said city for a public park, any balance of the
amount of money raised by said city to acquire said property,
which may remain after paying the cost of said property and
the expenses incidental to the acquirement thereof.

§ 2. This act shall take effect immediately.

480 LAWS OF NEW YORK. [Chap.

Cliap. 187.

AN ACT to amend chapter ten hundred and eighteen of the laws
of eighteen hundred and ninety-five, entitled "An act to pro-
vide for the sanitary protection of the sources of water supply
of the city of Rochester, by the acquisition by said city of
real property and interests therein necessary for that pur*
pose and by the abatement and removal of sources of pollu-
tion," and providing that the powers apd duties of the com-
missioners shall be vested in and be performed by the com-
missioner of public works of the city of Rochester, and
validating the acts of the commissioners.

Accepted by the city.

Became a law, March 19, 1902, with the approval of the Governor. Passed,

three-fifths being present.

Tlie People of the State of New York, represented in Senate and
Assemblyy do enact as follows:

winded. Section 1. Chapter ten hundred and eighteen of the laws of
eighteen hundred and ninety-five, entitled, "An act to provide
for the sanitary protection of the sources of water supply of the
city of Rochester by the acquisition by said city of real prop-
erty and interests therein necessary for that purpose and by
the abatement and removal of sources of pollution," is hereby
amended by adding at the end thereof the following sections
to, be numbered six and seven respectively and to read as
follows:
dSttSTo?"* § 6. On the thirtieth day of June, nineteen hundred and two,
loners'" the powers and duties of the commissioners under this act shall

cease.

cease and shall vest in and be discharged by the commissioner
of public works of the city of Rochester. On such date said
commissioners shall file with the commissioner of public works
a complete record of their proceedings together with all their
books, contracts and papers and shall turn over to the treasurer
of said city all moneys belonging to said city which moneys the
treasurer shall deposit to the credit of the Hemlock lake sani-
tary protection fund.
StS,^7a"udr § 7. All conveyances, contracts and options made to or with
the commissioners or any of them are hereby validated and
any commissioner is hereby authorized and directed to convey

188.] ONE HUNDRED AND 1?WENTY-PIPTH SESSION. 4&1

and assign to the city of Rochester any real property, rights,
easements, contracts or options acquired by him and said city
is authorized to hold and enforce the same.
§ 2. This act shall take effect immediately.

Ctiap. 188.

AN ACT to release the right, title and interest of the people of
the state of New York, in and to certain real property of
which John Fleetwood Marsh, late of the town of Eastchester,
in the state of New York, died seized, to the Eastchester
development company.

Became a law, March 20, 1902, with the approval of the Governor. Passed^

by a two-thirds vote.

The People of the State of New Torkf represented tn Senate and
AssemUy, do enact as follows:

Section 1. All the estate, right, title and interest of the people SjJJt'utie
of the state of New York acquired by escheat, in, to and upon JJiSlSn**
all that lot of salt meadow lying and being in the borough of p^p®''^*
the Bronx of the city of New York, in the county and state of
New York (formerly in the town of Eastchester in the county
of Westchester), near the landing of said town and which is
bounded as follows, to wit: Beginning at the corner of a meadow
formerly belonging to James Morgan and a road leading to the
place called the "Pines"; thence by said road to the meadow
formerly of Moses Hunt; thence by said Hunt's meadow to the
meadow of Thomas Lawrence; thence by said Lawrence's
meadow to the meadow of the said James Morgan; thence by
said Morgan's meadow to the place of beginning; containing
within said bounds five acres more or less, being the same
premises which were conveyed to John Fleetwood Marsh by
Theodosius Fowler and Maria, his wife, by deed dated June first,
eighteen hundred and eight, and recorded in the office of the
register of Westchester county on March thirteenth, eighteen
hundred and twenty-nine, in liber thirty-five of deeds, page one
hundred and forty-two; and of which said John Fleetwood Marsh
died seized on September twenty-third, eighteen hundred and

482 LAWS OF NEW YORK. [Chap.

twenty-eight, and of which Barnard Bayley died seized on Octo-
ber first, eighteen hundred and thirty-two, claiming as sole
resident, citizen heir at law of said John Fleetwood Marsh, and
which premises by mesne conveyances founded upon a claim of
title through said Barnard Bayley, the Eastchester development
company is now seized and possessed of, is hereby granted and
released to the Eastchester development company, its successors
and assigns forever.

§ 2. Nothing in this act contained shall be construed to impair
or affect the right in said real estate of any heir at law, devisee,
purchaser or creditor by mortgage, judgment or otherwise, or
any action or proceeding at law which may now be pending con-
cerning the same.

§ 3. This act shall take effect immediately.

Chap. 189.

AN ACT authorizing the selection of certain lands in the town
of Ausable, Clinton county, and the town of Chesterfield,
Essex county, known as Ausable Chasm, as a part of the
Adirondack park.

Became a law, March 21, 1902, wKh the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and
AssetnUi/f do enact as follows:

Section 1. Selection of lands. — It being the intention of the
legislature to acquire additional lands for the Adirondack
park, the Ausable Chasm reservation when established
as provided in this act, shall become a part of such
Adirondack park. The forest, fish and game commis-
sion shall, as soon as practicable, select such lands in
the town of Ausable, Clinton county, and the town of
Chesterfield, Essex county, including the Ausable Chasm, as,
in its opinion, should be reserved as an addition to the Adiron-
dack, for the purpose of preserving the scenery of the Ausable
Chasm, and making the same a place of public resort and pleas-
ure. The commission shall cause to be made by the state
engineer and surve^^or, a map of the lands so selected, which

189.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 483

shall be certified by a majority of the members of such com-
mission, and filed in the office of the secretary of state, and
duplicates thereof in the office of the county clerks of the
counties of Essex and Clinton.

§ 2. Contracts for sale of lands. — After the filing of said
map, such commission shall ascertain upon what terms the
lands described therein can be purchased of the owner or own-
ers thereof, and whether a good, clear and unincumbered title
can be conveyed to the state of New York. Such commission
may enter into contracts with such owners which shall bind
them to convey to the state the lands described therein at any
time within two years from the date thereof, if the said com-
mission shall demand such conveyance within that time, after
being authorized so to do by any act of the legislature.

§ 3. Beport to legislature. — The commission shall report to
the legislature of nineteen hundred and three, the terms upon
which such lands can be purchased, and whether a good, clear
and unincumbered title thereto can be conveyed to the state,
and shall attach to such report a correct copy of each of such
contracts. If satisfactory terms cannot be made with the own-
ers of any of the lands described in such map, and a contract for
the purchase thereof has not been made, such report shall con-
tain an estimate of the amount for which such lands can
probably be purchased, based upon such facts as may be ascer-
tained by the commission.

§ 4. Lands when acquired to be a public park. — ^When such
lands shall have been acquired by said commission for the
state, they shall be known as the Ausable Chasm reservation;
and shall be forever reserved by the state as an addition to
the Adirondack park, for the purpose of preserving the scenery
of such chasm, and sliall be kept as a place of public resort
and pleasure, open and free of access to all mankind, without
fee, charge or expense to any person for entering upon or pass-
ing to, over or through any part of the same, subject to such
reasonable rules and rognlations as may from time to time
be made by said commission, or its successor or successors.

§ 5. This act shall take effect immediately.

484 LAWS OF NEW YORK. [Chap.

Chap. 190.

AN ACT to repeal section seventy-two of the forest, fish and
game law, relating to fishing in Lake Champlain.

Became a law, March 21, 1902, witli the approval of the Governor. Passed,

three-fifths being present.

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

^^led Section 1. Section seventy-two of chapter twenty of the laws
of nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," is hereby repealed.
§ 2. This act shall take effect immediately.

Chiap. 191.

AN ACT to amend chapter one hundred and five of the laws of
eighteen hundred and ninety-one, entitled "An act to revise
the charter of the city of Buffalo," and acts amendatory
thereof, in relation to assessors and assessments.

Accepted by the city.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

SSSSd Section 1. Section one hundred and twenty nine of chapter
one hundred and five of the laws of eighteen hundred and ninety-
one, ^entitled "An act to revise the charter of the city of Buf-
falo," is hereby amended to read as follows:

Bojttdof § 129. There shall be a department of assessment, of which a
board, to consist of three assessors, shall be the head.

§ 2. Section one hundred and thirty of said act is hereby

amended to read as follows:

Temuof 8 130. The five assessors in office at the time this act shall

oflBoe of

take effect shall hold their office during the term for whicb
they were elected respectively. The assessor whose term of
offloe iliall flrit expire ihall be obairman of the board. No

191.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 485

persons shall be elected to succeed the two assessors whose
terms of office first expire. The terms of office of assessors
hereafter to be elected shall be so arranged that the term of
office of one assessor shall expire at the end of each odd num-
bered year. At the election to be held in the year nineteen
hundred and five, two assessors shall be elected and they shall
draw lots to determine who shall hold office for the full term
of six years and who shall hold office for four years.

§ 3. Section one hundred and thirty-four of said act is hereby
amended to read as follows:

§ 134. The board of assessors shall be the board of valuation Powm mk)

^ duties or

and assessment for the city and shall have such powers and per- *»"<>•
form such duties, in addition to those herein prescribed, as may
be prescribed by general laws applicable thereto and not incon-
sistent with the provisions of this act.

§ 4. Section one hundred and forty of said act as amended by
chapter three hundred and seventy-six of the laws of nineteen
hundred and one is hereby further amended to read as follows:

§ 140. The rolls shall be carefully reviewed and corrected by ^^i!^"^
the board. It shall make two copies of all rolls as revised and «*'<>"■•
corrected, except that it shall not be necessary to include in
said copies the separate valuations of said lands and improve-
ments, and shall attach thereto a certificate to the effect that
they are correct copies of the rolls on file in the office of said
board; and on or before the first day of May, if practicable, and
not later than the first day of June, it shall file one copy of gjp«j»««
each roll in the comptroller's office, and shall deliver one copy
of each roll to the clerk of the board of supervisors on or be-
fore the first day of October, which shall be the assessment
rolls of the several wards for city, county and state purposes.

§ 5. This act shall take effect immediately.

486

LAWS OP NEW YORK.

[Chap.

Charter
anieaded.

Power of
the board
to remit or
reduce a

192.

AN ACT to amend the Greater New York charter, relative to
the power of the department of taxes and assessments to
remit or reduce a tax.

Accepted by the city.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and
Aasemhli/f do enact as follows:

Section 1. Section eight hundred and ninety-seven of the
Greater New York charter as reenacted by chapter four hun-
dred and sixty-six of the laws of nineteen hundred and one is
hereby amended to read as follows:

§ 897. The board of taxes and assessments is hereby invested
with power to remit or reduce where in the opinion of the
corporation counsel lawful cause therefor is shown. It may
remit or reduce if found excessive or erroneous a tax imposed
upon real or personal property. It shall require a majority of
the commissioners of taxes and assessments to remit or reduce
the assessed valuation of personal property, and no tax on
personal property shall be remitted, cancelled or reduced unless
the person aggrieved shall satisfy the board of taxes and
assessments that illness or absence from the city had prevented
the filing of the complaint or making the application to the
said board within the time allowed by law for the correction
of taxes. Any remission or reduction of taxes upon the real
estate of individuals or corporations must be made within one
year after the delivery of the books to the receiver of taxes for
the collection of such tax.

§ 2. This act shall take effect immediately.

194.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 487

Chap. 193,

AN ACT amending the code of civil procedure by inserting
therein a new section to be known as section three hundred
and ninety-a, relating to the limitation of time to enforce a
cause of action arising in another state.

Became a law, March 21, 1902, wHh the approval of the Governor. Passed^

three-fifths being present.

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

Section 1. The code of civil procedure is hereby amended by tSnxp^o-
inserting therein a new section to be known as section three amended.
hundred and ninety-a, and to read as follows:

§ 390-a. Where a cause of action arises outside of this state,
an action cannot be brought, in a court of this state, to enforce
said cause of action, after the expiration of the time limited
by the laws of the state or country where the cause of action
arose, for bringing an action upon said cause of action, except
where the cause of action originally accrued in favor of a resi-
dent of this state. Nothing in this act contained shall affect
any pending action or proceeding.

§ 2. This act shall take effect September first, nineteen hun-
dred and two.

ChiaD. 194.

AN ACT to amend the forest, fish and game law, by adding a
section to be known as section one hundred and forty-one.

Became a law, March 21, 1902, with the approval of the Governor. Passed*

a majority being present

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

Section 1. The forest, fish and game law is hereby amended Act

*^ amended.

by adding thereto a new section to be known as section one
hundred and forty-one, which shall read as follows:

§ 141. Wherever in this act the possession of fish or game,
or the flesh or any animal, bird or fish, is prohibited, reference
is had equally to such fish, game or flesh coming from without

488 LA.WS OF NEW YORK. [Chap.

the state as to that taken within the state. Provided never-
theless that if there be any open season therefor, any dealer
therein, if he has given the bond herein provided for, may hold
during the close season such part of his stock as he has on
•»*• hand undisposed of at the opening of such close season. Said
bond shall be to the people of the state, conditioned that such
dealer will not during the close season, ensuing, sell, use, give
away or otherwise dispose of any fish, game, or the flesh of any
animal, bird or fish which he is permitted to possess during the
close season by this section ; that he will not in any way during
the time said bond is in force, violate any provision of the
forest, fish and game law; the bond m£iy also contain such other
provisions as to the inspection of the fish and game possessed
as the commission shall require, and shall be subject to the ap-
proval of the commission as to amount and form thereof, and
the sufficiency of sureties. But no presumption that the pos-
session of fish or game or the flesh of any animal, bird or fish
is lawfully possessed under the provisions of this section shall
arise until it affirmatively appears that the provisions thereof
have been complied with.
§ 2. This act shall take effect immediately.

Chap. 195.

AN ACT to provide for the enrollment of members of political

parties in towns.

Became a law» March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

ADpiicauon Section 1. This act shall not apply to any of the counties

Ok AOI.

embraced within Greater New York, nor to cities of the second
or third class, nor to any village which shall be or become
subject to the provisions of chapter four hundred and seventy-
three of the laws of eighteen hundred and ninety-nine, entitled
"An act to amend chapter one hundred and seventy-nine of the
general laws of eighteen hundred and ninety-eight, entitled 'An
act in relation to the enrollment for political parties, primary

196.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 489

elections, conventions and political committees/ relative to the
enrollment for and holding of primary elections/* In any
county of the state, other than those embraced within Greater
New York, it shall become applicable, and govern and control
the enrollment of the members of any political party in the
several towns of the county, except as above specified, from the
first day of September, succeeding the adoption by a majority
vote of the general committee of the party, which shall include
the afBrmative vote of a majority of all the members thereof
elected from the towns of said county, and filing in the office
of the clerk of the county, of a resolution in writing, declaring
that the members of such party shall thereafter be enrolled as
herein provided ; but shall not affect any primary election held Prortoo.
prior to the first day of January next thereafter, and in any such
county the general committee of any party to which this act may
be so applicable, may similarly adopt and file a resolution re-
scinding such declaration, and thereafter the application of this
act in any such county shall cease. This act shall not apply to
the counties of Allegany, Broome, Cattaraugus, Chautauqua, countin
Chenango, Clinton, Columbia, Cortland^ Delaware, Dutchess,
Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
Ldvingston, Madison, Montgomery, Nassau, Oneida, Onondaga,
Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Bock-
land, Saint Lawrence, Saratoga, Schenectady, Schoharie, Schuy-
ler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster,
Warren, Washington, Wayne, Westchester and Yates.

§ 2. In any county to which this act shall so become appli-
cable, the clerk of the county shall cause to be prepared, on or
before the fifteenth day of September in each year, enrollment Enrollment
books to the number of two for each election district in the
several towns of the county, which shall be so arranged that
the names of all electors of the election district may be inscribed
therein alphabetically. There shall be fourteen columns on Arrange.

ment.

each page. The first for the surnames of the electors; the sec-
ond for the christian names of the electors; the third for the
word " yes ", if the elector be enrolled by the election inspectors
upon their own knowledge; the fourth for the name of any
elector making oath to the party affiliation of any other elector;
the fifth for the name of the party with which an elector is
enrolled; the sixth for an entry to show enrollment by certifl-

490 LAWS OF NEW YORK. [Chap.

•

cate; the seventh for the record of any alteration of enrollment,
transfer, or striking from the enrollment the name of any
elector; the eighth for the word "voted", in case the elector
votes at the first official primary election of the year; the ninth
for a record as to challenges, in case of challenge thereat; the
tenth and eleventh for similar entries, in case he votes at the
second official primary election of the year; the twelfth and
thirteenth for similar entries, in case there be a third official
primary election, or an unofficial primary election; and the four-
teenth for any remarks not provided for in any of such other

eiTOUo7*° columns. Said books with proper instructions shall be deliv-

inspeoior. ^^^^ j^y the Said clcrk to the election inspectors of the respec-
tive election districts in said towns immediately before the first
day of registration in each year.

ote^Z^^ § 3. It shall be the duty of the election inspectors of the
respective election districts in said towns, on the days on which
they shall prepare the register of electors in said election dis-
tricts respectively, and at the same time, to enter in the said
enrollment books the name of every elector registered by them,
for the purpose of voting at such election, whose political affilia-
tion shall be personally known to them, and after the name of
eaoh such elector to enter in the third column the word " yes "
to indicate such enrollment by them, and in the fifth column
the name of the party with which he is so enrolled, and if it
shall be shown to them by any duly registered elector of such
district, under oath, that any other elector so registered by
them, whose party affiliation is not personally known to them,
is actually affiliated with any party, it shall be their duty to
enter the name of such other elector in said enrollment books
and after the name of such elector, in the fourth column, the
name of the elector so making oath, and in the fifth column the
name of the party with which such elector shall testify that

vcrinciition such other elector is affiliated; At the close of the last day of

of enroll*

ment lints, registration the said inspectors of election shall make and sign
a certificate that said enrollment lists so prepared by them con-
tain a correct and true statement of the names of all duly regis-
tered electors of said election district who are personally known
to them to be affiliated with any political party, or who may
have been shown to them, by the oath of any duly registered
elector, to be so affiliated with any party, and within twenty-

195.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 491

fonr hours thereafter the chairman of said board of election
inspectors shall file one of said enrollment lists with the town SJ|;j'J;5UJi
clerk of the town containing such election district, and the ******
other of said enrollment lists with the said county clerk. The
town clerks of the several towns shall at all times keep on file
the blank forms described in sections four, five and six hereof
in sufficient quantities for the use of the electors of the town.

§ 4. At any time prior to July first thereafter, except during fPJJJg^^j^
the thirty days preceding a primary election day, any elector
who was so duly registered as an elector in any of said towns,
but who was not enrolled with any party, may become specially
enrolled in, and have his name added to, the enrollment list so
filed with the county clerk of any party in the election district
in which he then resided and still resides, by making and
acknowledging before any officer authorized by law to take the
acknowledgment of deeds to be recorded in this state, and filing
or causing to be filed with the said county clerk, a statement em- statement

and declor

bodying a declaration in the following form: " I, ( ) do JJJ^J^J^

solemnly declare that I reside in ( ) and am a duly

qualified elector of the ( ) election district of said town.

That at one of the last preceding days of registration I was duly
registered as an elector in said election district, but was hot
enrolled, and I request that I be specially enrolled with the

( ) party. That I am in general sympathy with the

principles of the (. ) party. That it is my intention

to support generally, at the next general election, the nominees
of such party, and that I have not been enrolled with, nor par-
ticipated in, any primary election or convention of any other
party since the first day of last year." And any elector In any
of said towns who has been so enrolled with any party, but who
has been enrolled with a party other than that with which he is
actually affiliated, may have his party affiliation changed upon
the enrollment list so made, by striking out the name of the
party with which he is so wrongfully described to be affiliated*
and inserting the name of the party with which he may declare
he is affiliated, by similarly making, acknowledging and filing or
causing to be filed a similar statement in all respects, except
that he shall declare that he was so wrongfully enrolled and re-
quest that his party affiliation be so changed. And any elector
in any of said towns who has been so enrolled with any party

492

LAWS OF NEW YORK.

[Chap.

Filing of
■tatemeiit.

Stetament

ration of
elector be-
coming (tf
agOi

Change of
reeldenoflb

but who desires to be not enrolled as affiliating with any party,
may have his name stricken from the enrollment list as so made,
by similarly making, acknowledging and filing or causing to be
filed a statement, embodying a declaration in the following form :

'^ I, ( ) do solemnly declare that I reside in (. )

and am a qualified elector of the ( ) election district of

said town. That at one of the last preceding days of registra-
tion I was duly registered as an elector in said election district

and was enrolled with the ( ) party, and I request that

my name be stricken from said enrollment list and be not borne
thereon as affiliated with any party." Upon the filing of any
such statement, the said county clerk shall cause the request
contained in such statement to be complied with, by adding the
name of the elector, by changing the party affiliation, or by strik-
ing out the name of any enrolled elector, as the case may be, in
the enrollment list filed with him for the proper election district
and recording in the proper column thereof the reason therefor.

§ 5. Any elector in any of said towns who shall have become
of age after the last preceding general election, may at any time
other than during the thirty days next preceding a primary elec-
tion day, become specially enrolled in, and have his name added
to, the enrollment list so filed with the county clerk, of any party
in the election district in which he resides by similarly making,
acknowledging and filing or causing to be filed with the county
clerk a statement embodying the declaration first set forth in the
last section, except that instead of the words indicating that the
elector was registered on one of the last preceding days of regis-
tration but was not enrolled, words indicating that he has be-
come of age since the last preceding general election shall be
used. Upon the filing of such statement, the said county clerk
shall enroll such elector in the enrollment list filed with him for
the proper election district and shall record in the proper col-
umns thereof the name of such elector, the party with which he
is enrolled, the fact and date of such special enrollment, and the
fact that he has become of age since the last preceding general
election.

§ 6. If after being enrolled as a member of a party in one elec-
tion district, either by original enrollment or by transfer, an
elector shall move into another election district in said county,
he may at any time between the first day of January of any year

195.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 493

and the thirtieth day before any primary election day, become menw**'**"'
enrolled therein as a member of the same party, by making, ac- **^*'**'**'-
knowledging and filing, or causing to be filed, with the county statement
clerk, a statement specifying the name of the party with which,
and the election district in which, he is enrolled, and the election
district into which he has removed, and stating that he resides
in the last mentioned election district and desires to be enrolled
therein as a member of such party. Upon the filing of such rnnsfer at
Statement, the said county clerk shall enroll the name of such
elector in the enrollment list filed with him for the proper elec-
tion district, specifying the district from which he is transferred,
and shall also make a minute, opposite the entry of his name,
in the enrollment list filed with him of the election district from
which he has removed, showing the election district to which his
name is transferred.

§ 7. The said county clerk shall annually thirty days prior to SS?J?haii
each primary election day, from the said enrollment lists so filed roumeStT*"
with him, compile enrollment lists for each party to which this
act shall then be applicable, of all the enrolled electors of
such party in each of the towns of said county, and annex thereto
a certificate, under his hand and seal, that the same is a correct
and true transcript from the enrollment lists of such party so tSSSfptfc
filed with him, and the changes and alterations therein, of the
several election districts comprising such town, and deliver one
set of each such lists to the chairman of the general committee
of each such party. Such enrollment lists shall conform in all
respects to the form of the enrollment lists so filed with him, and
all entries in such original enrollment lists shall be shown
thereon, except that the names upon such lists shall be arranged
in alphabetical order, and each such list shall contain all the
names of the duly enrolled electors of such party in the town to
which it appertains.

8 8. The enrollment lists prepared by the election inspectors whpn en-
and so filed with said county clerk shall go into effect on the first "fllSsr*"**'
day of January following the days of registration on which they
were begun, and shall, with any additions or alterations made as
herein provided remain in force until the first day of the follow-
ing January, when they shall be superseded by the new enroll-
ment lists, begun as herein provided.

I •• Only electors who were duly registered or who shall have

494

Enrollment
lliit4 and
ficateiuenta
public
recoida.

CertlflcAtei.

Primary
eieciton%
how COO"
ducted.

Questions
put to
eleouNHk

LAWS OF NEW YORK. [Chap.

become of age after the last precediog general election, shall
be entitled to be enrolled. Only electors duly enrolled as herein
provided shall be entitled to participate in the primary elections
of the party to which this act shall then be applicable, and no
elector so enrolled shall take part in any primary election of any
party other than the party with which he shall at the time be so
enrolled.

§ 10. The enrollment lists herein provided, and any statements
filed relating thereto, shall be public records and open for inspec-
tion and copying at any time by any person. It shall be the duty
of the said county clerk to certify to the correctness of any trans-
cript of any such enrollment lists, or of any part thereof, on the
payment of one cent for every twenty names contained therein,
and the fees received by him therefor shall be paid to the county
treasurer except in counties where the county clerk is not a
salaried officer. And the said county clerk shall give to any
elector enrolled or transferred as herein provided, a certificate of
enrollment or transfer, upon request, which shall specify the
name of the party with which he is enrolled, the date of enroll-
ment or transfer, and the election district from which buch
elector is enrolled or to which he has been transferred.

§ 11. Primary elections in the said towns, notice thereof, and
the manner and method of conducting the same, shall continue to
be held and governed in the manner provided by law and the
rules and regulations of the general committees of the respective
parties in said county, except as herein provided, and except that
any enrolled elector may be challenged at any time before his bal-
lot is cast, and upon such challenge the chairman presiding at
such primary shall forthwith put to him, on oath or affirmation,
the following questions:

Are you (using the name by which he

ifi enrolled)?

Do you reside, and have you for thirty days past, resided in the

town of (naming the town containing the election

district in which he is enrolled)?

Are you affiliated with, and do you intend generally to support

the candidates of the party (naming the party

holding the primary at which such elector offers to vote)? And
unless all of such questions be answered in the affirmative, the

195.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 495

vote of such elector shall, notwithstaDding his enrollment, be re-
jected.

The said general committees may make and provide such fur- SfmStiee
ther rules and regulations as may be necessary to give effect to
this act.

§ 12. Any action or neglect of any inspector of election, or ^^tjj'^*
of the said county clerk, with regard to the proper enrollment ~iKe-
of any person as herein provided, shall be reviewable by the
proper remedy of mandamus or certiorari, as the case may be, and
in addition thereto the supreme court, or any Justice thereof,
within the judicial district containing the county or the county
judge or special county judge of said county^ shall have summary
jurisdiction, upon complaint of any citizen, to review such action
or neglect, and such court, justice, judge, or special county judge,
may consider, but need not be controlled by, any action or deter-
mination of the regularly constituted party authorities upon the
questions arising in reference thereto, and shall make such de*
cision or order as, under all the facts and circumstances of the
case, justice may require.

§ 13. The expenses of making such enrollment lists shall be J^^^*Jf
charged respectively upon the towns for which the same are
made.

§ 14. Any person violating any of the provisions of this act ^«»^^-
shall be guilty of a misdemeanor.

§ 15. In any county to which this act may apply as provided
in section one hereof, it may be made applicable to all primary
elections of a party to be held in the towns therein subsequent
to July first, nineteen hundred and two, by the adoption
by the general committee of the party and the filing thereof as
provided in section one, within twenty days after this act takes
effect, of a resolution declaring that the members of such party
shall be enrolled for the primary elections to be held in such
county during the year nineteen hundred and two, and there-
after, as provided in this act. And for the purpose of holding
such primary elections during the present year there shall be
a special enrollment day upon the second Tuesday in May, nine- ^^^^^
teen hundred and two, upon which day the election inspectors ^^'
shall meet in the respective places where the last general elec-
tion was held, or if the same be impracticable, in such places as
shall be provided in the same manner as places for holding gen-

496 LAWS OF NEW YORK. [Chap.

eral elections are now provided, and proceed to make an enroll-
ment of the electors in their several election districts in the
manner herein provided, for which purpose the connty clerk
shall furnish them with the necessary enrollment books and
instructions^ and the same procedure shall be had with reference
to additions or alterations therein as is herein provided for the
enrollment books begun upon the regular days of registration.
And the enrollment lists so filed and prepared by said county
clerk, with the additions and alterations therein, shall become
•md be the enrollment lists for such official primary elections of
such party for the present year; and thereafter shall be super-
seded by the regular enrollment lists of such party begun and
completed as hereinbefore provided.
§ 16. This act shall take effect immediately.

Chap. 196.

AN ACT to change the name, define the corporate objects and
purposes, regulate the powers and government of the corpora-
tion Chautauqua assembly, and to consolidate with said Chau-
tauqua assembly the Chautauqua university and the Chautau-
qua school of theology.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorkf represented in Senate and
Assemhly, do enact as follows:

corpontm Section 1. Change of name. — The name of the corporation

name

cbanced. Chautauqua assembly is changed to Chautauqua institution.

Said corporation is hereinafter designated as Chautauqua.

§ 2. Purpose and object. — ^The purpose and object of said

corporation shall be to promote the intellectual, social, physical,

moral and religious welfare of the people. To this end it may

hold meetings and provide for recreation, instruction, health

and comfort on its grounds at Chautauqua ; conduct schools and
classes; maintain libraries, museums, reading and study clubs

and other agencies for home education; publish books and

serials and do such other things as are needful or proper to

further its general purpose.

I 8« Consolidation.— All debts and liabilitiei and all papers,

196.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 497

records and other property (including the right to receive anj
gift, devise or bequest now or hereafter made) of Chautauqua
university, a corporation chartered by chapter one hundred and
forty-eight of the laws of eighteen hundred and eighty-three,
and of the Chautauqua school of theology, a corporation char-
tered by chapter sixty-three of the laws of eighteen hundred
and eighty-one, both which corporations are by chapters three
hundred and eighty-seven and three hundred and eighty-eight,
laws of eighteen hundred and eighty-five, now under the sole
control of the same trustees as said corporation Chautauqua
assembly, are hereby transferred to the corporation Chau-
tauqua, and the existence of the said Chautauqua university
and the Chautauqua school of theology as separate institutions
is hereby terminated and their work is made an integral part of
the work of Chautauqua.

§ 4. Uembers. — The members of the Chautauqua shall be,

First. The persons named in the original and supplemental
certificate of incorporation who are now living.

Second. All persons owning a lease on one or more lots or a
section of a lot on the lands of the corporation. A lease which
is owned by two or more persons in common shall be entitled to
but one member which member shall be designated and elected
by all the persons owning said lease from among their number.

Third. All persons who shall be elected by the trustees such
members.

§ 5. TmsteeB. — ^The government and control of said corpora-
tion shall be vested, as heretofore, in twenty-four trustees. The
provisions of the general corporation law and the membership
corporation law not inconsistent with this act relating to
directors and boards of directors shall apply to said trustees.
The persons now acting as trustees shall be trustees for the
terms for which they were respectively chosen except as such
terms may be limited under section seven of this act, and until
their successors are elected. Those whose terms have expired
shall be trustees until their successors are elected. The trus-
tees shall be divided into class A consisting of twenty trustees
who shall be elected by the trustees, and class B consisting of
four trustees who shall be elected by members of the corpora-
tion. The term of office shall be four years and shall begin

498 LAWS OF NEW YORK. [Chap.

October first next following the election. Five of class A and
one of class B shall be elected each year after nineteen hundred
and two. No person shall be eligible as a trustee in class B
unless the owner of a lease of a lot on the grounds of the cor-
poration.

§ 6. Election of trustees of class A. — The trustees shall in
August, nineteen hundred and two, elect eight trustees of class
A. The terms of office of all trustees which have expired before
or shall expire in January, nineteen hundred and three, under
the existing by-laws shall terminate on October first, nineteen
hundred and two. The trustees shall annually, thereafter, at
such time and place as they may from time to time appoint,
elect by ballot five trustees of class A.

§ 7. Election of trustees of class B. — The annual meeting of
the members of the corporation specified in subdivision two of
section four of this act for the election of trustees of class B,
shall be held on the second Tuesday of August in each year on
the corporation grounds at Chautauqua, New York, at three
o'clock post meridian. At such meeting in the year nineteen
hundred and two, four trustees shall be elected by ballot by
those members of the corporation who are owners of a lease
of lots as provided in subdivision two of section four of this
act, one to serve for one year, one for two years, one for three
years, and one for four years. At each annual meeting there-
after one trustee shall be elected by ballot in the place of the
trustee whose term of oflOice shall expire that year. In case of
a vacancy in class B such vacancy may be filled until the next
annual meeting by the majority of the trustees of said class
designating the person to fill such vacancy by a writing signed
by them and filed in the ofifice of the corporation at Chautauqua.
At said annual meeting a trustee shall be elected for the re-
mainder of the unexpired term. At such annual meetings of
owners of leases the members present shall constitute a quorum
and a plurality of votes cast shall elect.

§ 8. Classification of terms of trustees. — At the first meeting
of the trustees after October first, nineteen hundred and two,
they shall so arrange and limit the terms of oflOice of the twenty
trustees of class A that the terms of five shall expire each year
thereafter. A list showing the name of each trustee of said
class and the expiration of his term shall be entered in the

196.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 499

minutes and a copy thereof certified by the secretary shall be
filed in the office of the corporation.

§ 9. By-laws. — The existing by-laws of said corporation are
continued in force so far as consistent with this act. The trus-
tees may by vote of two-thirds of their entire number alter or
repeal the by-laws or enact new ones, except that they shall
have no power to increase the percentages specified in section
twelve of article five of the existing by-laws beyond the sum
of ten per centum now specified therein. In acting on by-laws,
written votes of trustees not present at the meeting shall be
counted if filed with the secretary before the vote is announced.
The sole power to enact, alter or repeal by-laws shall be in the
trustees, but no by-laws or rule by which more than a majority
vote shall be required for any specified action by the trustees or
executive board shall be amended, suspended or repealed by
a smaller vote than that required for action thereunder. The
by-laws may provide that the committee known as the executive
board of the trustees may enact any rule consistent with law
and the by-laws for the management of the business or property
of the corporation and such rule shall have the same force and
eflfect as a rule adopted by the trustees and shall continue in
force until altered or repealed by the executive board or trus-
tees.

§ 10. Sales and leases. — ^The trustees may sell and lease lands
without leave of any court. They may authorize the executive
board to lease lands on such terms as it deems proper and to
transact any other business in the name of the corporation.

§ 11. Confirmation of leases. — All leases, if any, heretofore
executed by said corporation without leave of the court for
which such leave should have been obtained are hereby con-
firmed and shall have the same force and effect as though such
leave had been granted.

§ 12. Inconsistent laws. — ^No provision of the general corpora-
tion law or of the membership corporation law inconsistent with
this act shall apply to said corporation.

§ 13. Principal office. — ^The principal office of said corporation
shall be on the assembly grounds known as Chautauqua in the
town of Chautauqua, Chautauqua county. New York, but lawful
meetings of the trustees may be held without this state.

§ 14. Sepealing olause. — The following laws are repealed:

300 LAWS OP NEW YORK. [Chap.

Chapter sixty-three of the laws of eighteen hundred and eighty-
one; chapter one hundred and forty-eight of the laws of eighteen
hundred and eighty-three; chapter three hundred and eighty-
seven of the laws of eighteen hundred and eighty-five and chap-
ter three hundred and eighty-eight of the laws of eighteen hun-
dred and eighty-five.

§ 15. Saving clause. — This act shall not afifect any action or
proceeding now pending in any court. The change of name

herein made shall not affect or impair any rights, powers or
duties of the corporation or the ofiOicers thereof, and all such
rights, powers and duties, except as expressly changed by this
act shall continue in and devolve upon the corporation and its
oflQcers under the new name.
§ 16. This act shall take effect immediately.

Chap. 197.

AN ACT to amend section two of chapter two hundred and
forty-five, laws of eighteen hundred and fifty-one, being an
act entitled ^'An act to incorporate the Broadway savings
institution, in the city of New York."

Became a law, March 21, 1002, with the approval of the Governor. Passed,

a majority being present

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

chftTtor Section 1. Section two, of chapter two hundred and forty-

five, laws of eighteen hundred and fifty-one, being an act en-
titled '^An act to incorporate the Broadway savings institu-
tion in the city of New York," is hereby amended so as to read
as follows namely: The real estate which it shall be lawful for
the said corporation to purchase, hold and convey, shall be:

1. Such as may be requisite for its immediate accommodation
for the convenient transaction of its business.

2. Such as shall have been mortgaged to it in good faith for
money loaned in pursuance to the provisions of this act.

3. Such as shall have been purchased at sales upon judgments
or decrees obtained or rendered for money so loaned; and said
eorporation shall not purchase, hold or convey real estate in any

198.] ONE HUNDRED AND TWENTY-FIFTH SESSION 501

other case, or for any other purpose. And all such real estate
as is described in the second and third subdiyisions of this
section, shall be sold by the said corporation within five years
after the same shall be vested in it by purchase or otherwise;
and the said corporation shall not, directly or indirectly, deal
or trade in buying or selling any goods, wares or merchandise
whatever, except in the cases where it is authorized to do so by
the terms of this act, and except such personal property as
may be requisite for its immediate accommodation for the eon«
venient transaction of its business; such institution to be
located in the city of New York.
§ 2. This act shall take e£Fect immediatelj.

Chap. 198.

AN ACT to amend the railroad law, relative to loans by munici-
palities for constructing grade crossings.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York^ represented in Senate and
Assemhlify do enact as follows:

Section 1. Section sixty- seven-a added to article two of chapter £^'"*^
five hundred and sixty-five of the laws of eighteen hundred and "»•»*«*•
ninety, entitled "An act in relation to railroads, constituting
chapter thirty-nine of the general laws," known as the railroad
law, by chapter five hundred and forty-one of the laws of eight-
een hundred and ninety-nine, is hereby amended so as to read
as follows:

§ 67-a. Whenever in carrying out any of the provisions of sec- 5S1S15*"
tions sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty-five, m<51S^
sixty-«ix, or sixty-seven of this act, any municipality shall incur
any expense or become liable for the payment of any moneys,
it shall be lawful for such municipality to temporarily borrow
such moneys on the notes or certificates of such municipality, i"«« <>'
and to include the amount of outstanding notes or cer- o^rtmc^te^
tificates, or any part thereof, in its next annual tax
levy for municipal purposes, or in the discretion of the
common cptmcil in case of a oity, the board of trustees

502

LAWS OF NEW YORK.

[Chap.

I«l>tl«> erf
tKmda.

liiieri«<k

in case of a village or the town board in case of a
town, to borrow the same, or any part thereof, on the credit
of the municipality, and to issue bonds therefor, which bonds
shall be signed by the mayor and clerk in case of a city, the
president and clerk in case of a village and the town board
in case of a town, and shall be in such form and for such sums
and be payable at such times and places with interest not exceed-
ing four per centum per annum, as the common council in case
of a city, the board of trustees in case of a village, and the town
board in case of a town, shall direct.
§ 2. This act shall take effect immediately.

Pniice act
•niendiML

Animal estl-
mate of ex-
(fnaes of
p(»ilre and
(Ire deparV
menu

Tax for

199,

AN ACT to amend chapter three hundred and fourteen of the
laws of eighteen hundred and seventy-four, entitled "An act
to establish a board of police and fire commissioners of the
city of Utica," and the several acts amendatory thereto.

Accepted by the city.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Section eighteen of chapter three hundred and
fourteen of the laws of eighteen hundred and seventy-four
entitled "An act to establish a board of police and fire com-
missioners of the city of Utica " as amended by section eleven,
chapter three hundred and thirty, of the laws of eighteen
hundred and ninety-nine, is hereby amended so as to read as
follows:

§ 18. The board shall, before the first day of July, in each
year, make out an estimated statement of the amount necessary
to defray the cost of the police and fire department for the cur-
rent year, and present the same to the common council, who
shall include the amount thereof in the city tax assessment roll,
and the same shall be levied and collected in the same manner
as the various amounts authorized to be raised by section forty-
seven, of the charter of said city of Utica, and the various

199.] ONE HUNDRED AND TWENTYPIPTH SESSION 503

amendments thereto; but the sum to be raised by virtue of this
section shall not in any one year exceed the sum of one hundred
and seven thousand dollars. Provided, however, that when the ^*^* '•'
board of police and fire commissioners of the city of Utica shall council us

^ to extra

be of the opinion that it is necessary that the sum to be raised wnount
yearly by virtue of this section shall exceed the sum of one
hundred and seven thousand dollars it shall be its duty to
state such necessity, with the amount and reasons therefor, in
\ special report to be made to the common council of said city.
k.t the succeeding election provision shall be made so that each ^^^^^
elector may, by separate ballot, vote " for increase of amount SuSi^"*''**
necessary to defray the cost of the police and fire departments "
or " against increase of amount necessary to defray the cost of
the police and fire departments " and in canvassing the ballots
the inspectors of election shall make a return of the number of
ballots containing such expression, to the common council of
the city, in the same manner that they make return of votes
given for city officers, and if the number of ballots containing
the words " for increase of amount necessary to defray the cost
of the police and fire departments " exceed those containing the
words " against increase of the amount necessary to defray the
cost of the police and fire departments," it shall be the duty of
the common council, in addition to the moneys which they are J]Jforab°«
otherwise authorized by law to raise by tax in the said city, to
raise, in the same manner that moneys are now raised for the
ordinary expenses thereof, such additional sum of money annu-
ally thereafter as the board of police and fire commissioners, in
their said report, shall have submitted to be necessary to
defray the annual cost of the police and fire departments of
said city.
§ 2. This act shall take effect immediately. ,

vote.

604 LAWS OF NEW YORK. [Chap.

Ctiap. 200.

AN AC5T to amend the tax law, relating to the taxation of peal

property situated in two op more tax districts.

Became a law, March 21, 1902, with the approval of the Goyemor. Passed,

a majority being present

The People of the State of New Torkj represented in Benate and
Assemblffj do enact as follows:

VS^M, Section 1. Section ten of chapter nine hundred and eight of
the laws of eighteen hundred and ninety-six, entitled "An act in
relation to taxation, constituting chapter twenty-four of the gen-
epal laws/' aa amended by chaptep five hundped and thirty-seven
of the larws of eighteen hundred and ninety-eight, is hepeby
amended to pead as follows:

§ 10. Taxation of real property divided by line of tax district
— ^If a farm or lot is divided by a line between two or more tax
distpicts and the ownep resides thereon, it shall be assessed to
him in the district in which he pesides. If the ownep does not
peside on such farm op lot and is not a resident of the diatpict
in which the occupant thepeof pesides, it shall be assessed to
such occupant in the distpict in which he pesides. If the
land is unoccupied the poption of such fapm, lot op tpact of
land lying in each distpict shall be sepapately assessed therein.
If such land is situated in two or more counties and is wild and
uncultivated and not occupied and used for agricultural pur-
poses, the portions of such land lying in each county shall
be separately assessed thepein. If the boundapy line of a
tax district passes thpough a building, any poption of which
is used aa a dwelling, the ownep of such building^ if occupying
the same op residing in either tax distpict, and othepwise, the
person occupying such building as a dwelling house, may elect
in which district euch building and the adjacent land, owned,
occupied and connected therewith, shall be assessed, by serving
a written notice of such election on the assessors of each tax dis-
trict during the month of May ; but if such election is not made,
the property shall be assessed in the tax districts in which it is
located.

S 2. This act shall take effect immediately^

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 505

Ctiap. 20 1.

AN ACT to amend chapter five hundred eighteen of the laws of
eighteen hundred and sixty-seven, entitled "An act to amend
an act entitled ^An act to incorporate the village of White
Plains,' passed April third, eighteen hundred and sixty-six/'
in relation to the powers and duties of the village trustees,
et cetera.

Became a law, March 21, 1902, wVth the approval of the Governor. Passed,

three-fifths being present

The People of the State of New Tork^ represented in Senate and
Assemhlyj do enact as follows:

Section 1. Section one of title two of chapter Ave hundred SL'JS
and eighteen of the laws of eighteen hundred and sixty- *"*"
seven, entitled '^ An act to amend an act entitled 'An act to in-
corporate the village of White Plains,' passed April third,
eighteen hundred and sixty-six " as amended by chapter one hun-
dred and seventy-nine of the laws of eighteen hundred and
seventy-eight, and chapter one hundred and nine of the laws of
eighteen hundred and ninety-five, and chapter seven hundred and
sixty-eight of the laws of eighteen hundred and ninety-six, is
hereby amended so as to read as follows :

§ 1. The elective officers of said village shall be five water JJiSS
commissioners to be elected by the legal voters of the village,
who shall hold no other elective office while acting as such com-
missioners, and two trustees in each ward, to be elected by the
legal voters in such ward. The appointive officers shall be a
president, a clerk, a treasurer (who shall not be a director, or
officer in any bank in said village) a police justice, a village en-
gineer and surveyor, a collector of taxes and assessments, a
superintendent of fire alarm system, a superintendent of high-
ways, three police commissioners and a chief of police and one
or more police constables who shall be appointed by the board
of trustees, ahd such other officers as the board is hereinafter
authorized to appoint. The present officers of the village shall
hold their offices until their successors shall be duly elected or
appointed and duly qualified.

§ 2. Section five of title two of chapter five hundred and
eighteea of the laws of eighteen hundred and sixty-seven, aa

506 LAWS OF NEW YORK. [Chap.

amended by chapter one hundred and seventy-nine of the laws
of eighteen hundred and seventy-eight, and chapter three hun-
dred and fifteen of the laws of eighteen hundred and ninety,
and chapter one hundred and nine of the laws of eighteen hun-
dred and ninety-five, and chapter seven hundred and sixty-eight
of the laws of eighteen hundred and ninety-six, is hereby
amended so as to read as follows:
mSmSc^' § 5. At the election to be held on the third Tuesday of Decem
ber, eighteen hundred and ninety-six, there shall be elected
seven trustees, as follows: One trustee in the second ward for
the term of two years, to succeed the present trustee of the first
ward, appointed to fill the vacancy occasioned by the resigna-
tion of a trustee elected for said ward in May, eighteen hun-
dred and ninety-four, the present residence of which trustee
appointed to fill said vacancy will be in the said second ward
after the fifteenth day of November, eighteen hundred and
ninety-six, and one trustee in said second ward for the term
of one year to fill the vacancy which will then exist by reason
of the creation of new wards; one trustee in the fourth ward
for the term of two years to succeed the present trustee of the
third ward who after the fifteenth day of November, eighteen
hundred and ninety-six will be a trustee in the fourth ward
and one trustee in the fourth ward for the term of one year to
fill the vacancy which will then exist by reason of the creation
of new wards; one trustee in each of the other wards to suc-
ceed the present trustees who were elected in May, eighteen
hundred and ninety-four and to fill the vacancies then existing
in the oflOice of trustee occasioned by the creation of new wards;
and at the election to be held on the third Tuesday of Decem-
ber, eighteen hundred and ninety-seven, there shall be elected
five trustees, one in each ward, to succeed the present trustees
who were elected in December, eighteen hundred and ninety-
five, and to succeed the trustees elected for the one year term
in the first and second wards, and annually thereafter there
shall be elected five trustees, one in each ward, for the term of
two years. The present trustees shall hold their ofiOices until
the expiration of the terms for which they were elected or ap-
pointed and after the fifteenth day of Novenjjber, eighteen hun-
dred and ninety-six, shall be the trustees of the wards in which
their present residences are, notwithstanding the number of

201.] ONE HUNDKED AND TWENTY-FIFTH SESSION. 507

said ward shall have been changed by reason of the creation of
new wards in said village. The trustees shall meet at the usual t^auonof
place of meeting on the first Monday of January of each year,
at eight o'clock in the evening, and form a board; they shall ^S?'©/'
appoint a clerk, a treasurer, a collector of taxes and assess- <>"««*•
ments, a superintendent of highways, a superintendent of fire
alarm system, a police clerk and a police justice, a village engi-
neer and surveyor, three police commissioners, a chief of police
and not more than six police constables who shall hold their
offices until the first day of January, then next ensuing and
until their successors shall be appointed and duly qualified.
The board may also elect one of its number president pro tem- JJStolSu*
pore, who shall be presiding ofl^cer during the temporary
absence of the president from its meetings, and who shall act
as president during the absence of the president from the vil-
lage. But said president pro tempore shall not have the power
to sign or veto ordinances and resolutions of the board unless
such absence shall continue for more than ten days. In case
of a vacancy in any appointive office by reason of death, resig- J»^JJjJJJ;
nation or any other cause, the board of trustees shall, at its
next meeting thereafter, or as soon thereafter as may be, fill
such vacancy by the appointment of a person qualified as afore-
said, who shall hold said office for the residue of the unexpired
term. In case of a vacancy in any elective office, the board
shall appoint a person duly qualified to fill such vacancy until
the next annual election, when such vacancy shall be filled by
election for the remainder of the unexpired term only. Every
officer shall hold his office until his successor is elected or ap-
pointed, and shall have duly qualified. At the annual election pre«id©nt
of said board on the first Monday of January, eighteen hundred ^SuoJ" *
and ninety-eight, it shall appoint a president for the term of
two years, and at each second annual meeting thereafter the
said board shall appoint a person duly qualified as aforesaid
president of said village.

§ 3. Subdivision three of section one, title three of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, is hereby amended so as to read as follows:

3. To regulate the speed and management of private and pub ^^^
He conveyances other than steam railways within or through the *"*'*'"»®^
corporate limits of said village, upon such terms, and under

508 LAWS OF NEW YORK. [Chap.

snch restrictions and penalties as the said board of trustees
shall hereafter prescribe.

§ 4. Subdivision eight of section one of title three of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, is hereby amended so as to read as follows:

KuiMiMM. 8. To remove, destroy, prevent or abate nuisances, to regulate
slaughter houses, to direct the location of the same, and to
abate nuisances generally. To authorize the discontinuance,
removal and abatement of any structure or thing which in the
opinion of the board of trustees is detrimental to the healtli,
comfort or convenience of the inhabitants of the village.

§ 5. Subdivision ten of section one of title three of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, is hereby amended so as to read as follows:

Shlbwonl' ^®' ^ sanction or prohibit, in their discretion all exhibitions

2E«Mum6! of any natural or artificial curiosities, caravans of animals,
circuses, theatricals and other shows or exhibitions or perform-
ances for money within the bounds of said corporation. The
said trustees, or a majority of them, may license any such ex-
hibition or performance, on payment for the benefit of said cor-
poration, of not less than five nor more than one hun-
dred dollars for each day of such exhibition or performance,
in all cases where the amount is not specified by a vote of the
board of trustees; but nothing in this section shall be construed
to prevent the delivery of literary, historical and scientific
lectures in said village, the use and exhibition of apparatus
illustrating the same, and the receiving of money for the same,
nor shall any license be required for the delivery of such
lectures.

§ 6. Subdivision fifteen of section one of title three of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven as added by chapter six hundred and ninety-three of
the laws of eighteen hundred and seventy and amended by chap-
ter four hundred and nine of the laws of eighteen hundred and
seventy -three, is hereby amended so as to read as follows:

T?."?^?! 15. To license hacks and hack-drivers, public conveyances and
public vendors of merchandise, junk dealers and to fix the fees
therefor, and by ordinance, to regulate, prescribe and deter-
mine, from time to time, the rates of fare to be charged for
conveying persons or passengers to and from all points within

liaclu,eto.

201.] ONE HUNDRED AND TWENTYPIFTH SESSION. 509

the corporate limits of said village, and to compel all hacks
and public conveyances to exhibit the rates of fare so prescribed
and determined in a conspicuous place in said hack or public
conveyance and to display the license granted to each hack in uomse to
a conspicuous place in the vehicle bo licensed and to compel Jj,{j^""
the driver of each hack or public conveyance to display in a *****^
conspicuous place on his person a badge the form of which
shall be determined by the board of trustees and to fix and
determine the minimum age of all drivers of hacks and public
conveyances.

§ 7. Subdivision seventeen of section one of title three of
chapter five hundred and eighteen of the laws of eighteen hun-
dred and sixty-seven as added by chapter one hundred and nine
of the laws of eighteen hundred and ninety-five and amended
by chapter seven hundred and sixty-eight of the laws of eighteen
hundred and ninety-six, is hereby amended so as to read as fol-
lows:

17. Upon receiving from the resident owners of real property ^treet^^^^
fronting upon any street or avenue or portion thereof owning
forty per centum lineal measure of the real property owned by
resident owners fronting on said street or avenue a petition
for the sprinkling of said street or avenue or portion thereof
with water during such months of the year as may be prayed
for in said petition, it shall be the duty of the board of trus-
tees to cause such street or avenue or portion thereof desig-
nated in said petition to be sprinkled with water and kept free
from dust by contract with the lowest responsible bidder after
advertisement during such months of the year as may be desig-
nated in said petition. The expense thereof shall be a charge EzpeoM
upon all the real property fronting upon such street or avenue
or portion thereof so sprinkled in proportion to its frontage
on said street or avenue or portion thereof sprinkled, and shall
be assessed thereon by the board and collected in the same
manner as all other assessments and taxes are collected, and
property exempt from taxation shall not be exempt from as-
sessment to pay for sprinkling in front of said property. The
provisions of this subdivision shall not apply to any street or
avenue in said village paved or macadamized, for which assess-
ments shall have been or may be made upon property fronting
thereon for such paving or macadamizing.

610

LAWS OF NEW YORK.

[Chap.

Telegraph,
etc, poles
and wlrei.

Sprinkling
of pftTed
•treeto.

To license
Jank shops,
etc

Eiooks to be
kept.

§ 8. Subdivision nineteen of section one, title three of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven as added by chapter one hundred and nine of the
laws of eighteen hundred and ninety-five, is hereby amended so
as to read as follows:

19. To regulate and control the erection of poles and the
hanging or laying of wires in the streets of said village for
telegraph, telephone, electric lights, electric cars or other pur-
poses, and to prohibit the cutting of trees in the streets of said
village.

§ 9. Section one of title three of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven is
hereby amended by adding thereto, as a part thereof, three new
subdivisions to be known as subdivisions twenty-one, twenty-
two and twenty-three as follows:

21. To cause such streets and avenues in the village as have
been paved or macadamized to be sprinkled with water by con-
tract or under the direction of the board of trustees, the ex-
pense thereof to be a village charge. The water for such sprink-
ling shall be furnished by the board of water commissioners of
the village without charge and' in such quantities and at and
for such times and places as the board of trustees shall by
resolution determine.

22. To license and regulate persons to keep what are com-
monly called junk shops, or to deal or to be engaged in the
business of collecting or buying old junk, rags, old rope, old
iron, brass, copper, tin, lead slush or empty bottles and to fix
the license fee to be paid annually therefor, and to compel the
person or persons so licensed to give a bond to the village in
such penal sum as the board of trustees shall by ordinance de-
termine, conditioned for the due observance of all ordinances
of the board of trustees of the village that may be adopted or
be in force respecting the keeping of junk shops or dealing in
junk in the village. To provide that keepers of junk shops in
the village shall keep a book in which shall be entered their
transactions of business in such manner as the board of trus-
tees shall by ordinance determine, such license and book to be
at all times open to inspection by the president and trustees
and chief of police of the village and to fix a penalty for the

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 511

violation of any ordinance in relation to the business of dealing
in junk.

23. To cause the streets and avenues of the village that have S^tSiSfs.
been paved or macadamized to be cleaned either under the direc-
tion of the board of trustees or by contract, the expense thereof
to be a village charge.

§ 10. Section six of title three of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter six hundred and ninety-three of the laws of
eighteen hundred and seventy, and by chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight,
is hereby amended so as to read as follows:

§ 6. The president, trustees, police commissioners, chief of ^J^JSeHy
police, and the police constables of said village, or either of p^*****-
them, shall have power and are hereby authorized at any and all
times, to arrest, or cause to be arrested, with or without process,
all persons who shall sell strong and spirituous liquors, ales
and wines, within said village, contrary to law; all habitual
drunkards; all drunken persons or persons found intoxicated in
the highways, streets, avenues, alleys and public places in said
village; all riotous persons engaged in quarreling or fighting;
and all persons who shall use indecent or profane language or
indulge in rude, disorderly or violent conduct in any highway,
street, avenue, alley, public place, hall or room, or in any place
where any exhibitions, shows, performances, or lectures are
being given, or held, within said village, in addition to those
persons enumerated in the first section of title five, chapter
twenty, of the first part of the revised statutes, all of whom
shall be deemed disorderly persons; and the said officers shall
have power, with or without process, while in pursuit of said
disorderly persons to enter, or cause to be entered, any building
or place, within the limits of said village and arrest, or cause
to be arrested such disorderly persons and shall take them
forthwith before the police justice of said village, to be dealt
with according to the provisions of this act. In case the said Detention

..... - etc., of

police justice cannot be found, then the officer arresting such JJJJ^^J
offender may detain him or her, in custody, or commit him, or
her to the county jail, or any other convenient and secure place,
for safe keeping, until said police justice can be found, not to
exceed forty-eight hours, when the officer shall immediately

512 LAWS OF NEW YORK. [Chap.

bring such offender before the said police justice, or, in his ab-
sence, before a justice of the peace residing in said village to
be tried as hereinafter provided; said officers shall have power
AMittanoe. to Command assistance, whenever they shall deem it necessary.
Detignadoii The board of trustees shall, as often as may be necessary, desig-
uiabaence natc a justice of the peace residing in said village to act as
jutioe. police justice in the absence or during the inability of the police

justice to attend to his official duties,
sectiaii § 11. Section nine of title three of said act, as added by chap-

ter four hundred and ninety-three of the laws of eighteen hun-
dred and eighty-four and amended by chapter three hundred
and seventy-eight of the laws of eighteen hundred and eighty-
six and chapter three hundred and fifteen of the laws of eight-
een hundred and ninety and chapter one hundred and nine of
the laws .of eighteen hundred and ninety-five, is hereby
repealed.

§ 12. Subdivision five of section one of title four of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, as amended by chapter four hundred and nine of
the laws of eighteen hundred and seventy-three and by chapter
yoiie hundred and seventy-nine of the laws of eighteen hundred
and seventy-eight and by chapter four hundred and ninety-
three of the laws of eighteen hundred and eighty-four and by
chapter three hundred and fifteen of the laws of eighteen hun-
dred and ninety and by chapter one hundred and nine of the
laws of eighteen hundred and ninety-five, is hereby amended so
as to read as follows:

6. For the care, maintenance, improvement and beautifying
the parks and public places of the village, a sum not to exceed
one thousand dollars.

§ 13. Subdivision six of section one of title four of chapter
five hundred and eighteen, laws of eighteen hundred and sixty-
seven, as amended by chapter four hundred and nine of the
laws of eighteen hundred and seventy-three and chapter one
hundred and seventy-nine of the laws of eighteen hundred and
seventy-eight and chapter four hundred and ninety-three of the
laws of eighteen hundred and eighty-four and chapter three
hundred and fifteen of the laws of eighteen hundred and ninety
and by chapter one hundred and nine of the laws of eighteen

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 513

hundred and ninety-five, is hereby amended so as to read as
follows:

6. For the payment of the expenses of maintaining the fire mSt*^"^
department and fire alarm system, and extension of the system
and payment of the salary of the superintendent of the fire
alarm system, an amount not to exceed two thousand dollars.

§ 14, Subdivision nine of section one of title four of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, as amended by chapter four hundred and nine of
the laws of eighteen hundred and seventy-three and by chapter
one hundred and seventy-nine of the laws of eighteen hundred
and seventy-eight and by chapter four hundred and ninety-three
of the laws of eighteen hundred and eighty-four and by chapter
three hundred and fifteen of the laws of eighteen hundred and
ninety and by chapter one hundred and nine of the laws of
eighteen hundred and ninety-five and chapter seven hundred and
sixty-eight of the laws of eighteen hundred and ninety-six, is
hereby amended so as to read as follows:

9. For the salary of village clerk, an amount not to exceed 5nitX**'
eight hundred dollars.

§ 15. Subdivision ten of section one of title four of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, as amended by chapter four hundred and nine of
the laws of eighteen hundred and seventy-three and chapter
one hundred and seventy-nine of the laws of eighteen hundred
and seventy-eight and by chapter four hundred and ninety-three
of the laws of eighteen hundred and eighty-four and chapter
three hundred and fifteen of the laws of eighteen hundred and
ninety and chapter one hundred and nine of the laws of eight-
een hundred and ninety-five, is hereby amended so as to read as
follows:

10. For the salary of village treasurer, an amount not to salary of
exceed five hundred dollars. trea»ureii

§ 16. Section two of title three of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter eight hundred and five of the laws of eight-
een hundred and seventy-one and chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight
and chapter three hundred and fifteen of the laws of eighteen

614

LAWS OF NEW YORK.

[Chap.

Police
officera.

Duties.

8a1ftrl«fl,

hundred and ninety and chapter one hundred and nine of the
laws of eighteen hundred and ninety-five, is hereby amended so
as to read as follows:

§ 2. The board of trustees shall appoint a force of police
officers to consist of a chief of police and not more than six
police constables who shall be under the direction of the presi-
dent. The board shall prescribe the duties of such police offi-
cers and fix their compensation; the compensation shall not
exceed twelve hundred dollars annually for the chief of
police. Such police officers shall hold office during the
pleasure of the board of trustees. After the first day of
January, in the year nineteen hundred and three the salaries
of the police officers, other than the chief of police shall
be graded as follows: Police officers serving their first year
shall receive a salary of not to exceed six hundred dollars
per year; police officers serving their second year shall receive
a salary of not to exceed seven hundred dollars per year, and
police officers serving their third year and thereafter shall re-
ceive a salary of not to exceed eight hundred dollars per year.
The said police officers shall not be paid or entitled to receive
any other fees or compensation for any arrest or other service
rendered in or for said village. The said police officers are
hereby empowered to serve and execute any criminal process
and perform such other duties as pertain to the office of con-
stable of a town in the county of Westchester with the same
force and effect as if performed by such constable. Such police
officer shall have exclusive jurisdiction within the limits of the
village to execute all criminal process and all process other
than in civil actions and proceedings, and all process issued by
the police justice under section nine of title two of this act, and
the constables elected in the towns within which such village is
situated shall not have any jurisdiction or authority to arrest
in cases of vagrancy or to execute criminal process or any pro-
cess other than in civil actions and proceedings within the
oHlSric"^" limits of the village. The board of trustees shall, in case of the
to'iI5rill* sickness, absence from the village, disability or inability of the
pouco. chief of police, designate one of the police constables to perform
the duties of said office during the time such sickness, absence,
disability or inability shall continue, and such person shall have
the same powers and authority and be subject to the same lia

Powen.

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 515

bilities as said chief of police and in case he shall perform any
of the duties of said chief of police he shall be allowed therefor
such fees or compensation as the board of trustees shall fix
and determine, and the amount thereof, when audited and paid,
shall be deducted from the salary of said chief of police. Such
designation may be revoked and a redesignation made at any
time. The said board is also hereby authorized and empowered pSSS'^wn.
on the application in writing, of any person, residing in, or cor- SSik^euT.
poration, bank, banking institution, or cemetery association
located and doing business in said village, to appoint one or more
special police constables for such time as may be requested in
said application, or said board shall determine upon whose duty
it shall be to perform the duties of patrolman and watchman in,
around and over the property and place of business of such per-
son, corporation, bank, banking institution or cemetery associa-
tion, and to prevent the property aforesaid from being stolen,
injured or otherwise unlawfully interfered with by any person
or persons, and said special police constable or police constables,
while in actual service, shall have the same powers to arrest
without process as are conferred upon the police constables by
this act, and shall be entitled to such compensation for the time Ji^S'**"**'
he or they shall be in actual service as the said board shall de-
termine upon at the time of making the appointment, such com-
pensation to be paid by the person, corporation, bank, banking
institution or cemetery association applying for th(? appoint-
ment of said special police constable or constables; and if such
person, corporation, bank, banking institution or cemetery asso-
ciation shall refuse to pay such compensation to said police con-
stable or constables he or they are authorized to sue for and re-
cover such compensation with costs, from any such person, cor-
poration, bank, banking institution or cemetery association.
And whenever the said board shall have reason to apprehend a spf>ciai

m m M t '.m 1 •, » tm • police cnn-

breach of peace, or shall deem it necessary for the preservation "^Y^Jiot-i
of the public peace or to quell and prevent any disturbances, ®'*'-
riots, and disorderly and unlawful assemblages and meetings in
said village, the said board is hereby authorized and empowered
to appoint as many special police constables as said board shall
deem necessary for such time as said board shall determine upon,
who, while in actual service, shall have and possess the same
powers to arrest, with or without process, as are conferred upon

516

LAWS OF NEW YORK.

[Chap.

SalarlM,
police de-
IHtrtment.

Cleaning

sidewalks

and

remoTal of

garbago,

eto.

the police constables by this act and who shall receive such com-
pensation while in actual service as said board shall prescribe,
such compensation to be paid by said village.

§ 17. Subdivision seven of section one of title four of chapter
five hundred and eighteen of the laws of eighteen hundred and
sixty-seven, as amended by chapter four hundred and nine of
the laws of eighteen hundred and seventy-three and chapter
one hundred and seventy-nine of the laws of eighteen hundred
and seventy-eight and chapter four hundred and ninety-three of
the laws of eighteen hundred and eighty-four and chapter three
hundred and fifteen of the laws of eighteen hundred and sev-
enty and by chapter one hundred and nine of the laws of eight-
een hundred and ninety-five, is hereby amended so as to read as
follows :

7. For the salaries and expenses of the police department
an amount not to exceed seven thousand dollars.

§ 18. Subdivision twelve of section one, title four of chapter
five hundred and eighteen, laws of eighteen hundred and sixty-
seven, as amended by chapter four hundred and nine of the laws
of eighteen hundred and seventy-three and chapter one hundred
and seventy-nine of the laws of eighteen hundred and seventy
eight and by chapter four hundred and ninety-three of the laws
of eighteen hundred and eighty-four and by chapter one hun-
dred and nine of the laws of eighteen hundred and ninety-five
is hereby amended so as to read as follows:

12. For clearing crosswalks and the removal and disposal of
ashes and garbage, dead animals and general refuse matter, an
amount not exceeding two thousand five hundred dollars.

§ 19. Section one of title four of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter four hundred and nine of the laws of eight-
een hundred and seventy-three and chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight
and chapter four hundred and ninety -three of the laws of eight-
een hundred and eighty-four and chapter one hundred and nine
of the laws of eighteen hundred and ninety-five and chapter
seven hundred and sixty-eight of the laws of eighteen hundred
and ninety-six, is hereby amended by adding thereto as a part
thereof to be known as subdivision thirteen the following:

13. For salaries of health officers, secretary to board of health,

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 517

and the ordinary expenses incurred by said board an amount gJJJJSf^
not to exceed fifteen hundred dollars. ° *^*^

§ 20. Section two of title four of chapter five hundred and
eighteen of the laws of eighteen hundred and sixtj-seven, as
amended by chapter six hundred and ninety-three of the laws of
eighteen hundred and seventy and chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight
and chapter four hundred and ninety-three of the laws of eight-
een hundred and eighty-four, is hereby amended so as to read
as follows:

§ 2. Whenever any tax shall have been directed to be levied roThSJT*
upon the taxable property in the said village by the board of ™ *■
trustees, or whenever directed so to do by said board, it shall
be the duty of the clerk of the said village to make up an assess-
ment roll of the taxable property, real and personal, in the said
village by copying or causing to be copied under his supervision
so much of the assessment rolls of each of the towns of White
Plains and Greenburgh, made and completed in the previous
year, as relates to persons residing in and pronprtv included and
taxable within the village of White Plains. Upon the comple-
tion of the said assessment roll the said clerk shall annf'X
thereto a certificate under his hand and the corporate seal of to*^^**
said village, that said assessment roll contains so much of the an^rofi^

delivered

assessment rolls of the aforesaid towns of White Plains and u> tru«t«eB.
Greenburgh respectively as relates to persons residing in and
property included and taxable within the said village of White
Plains and shall deliver the said assessment roll, certified by
him to the said board of trustees, which board shall thereupon
give ten days' notice to be published in a newspaper, published Notice of
in said village to the effect that at a place and on a day and cSmpiamta.
hour to be therein specified, the said board will meet to hear
any complaints which may be made in regard to the said assess-
ment roll so made and certified by said clerk. The said board
shall meet at said place and time, and shall hear any such com- HearinR.
plaints which shall be reduced to writing and subscribed and
sworn to by the parties making them and filed with the clerk of
said village. The said board shall have power, in its discre- Trusteeg

may make

tion, to correct in said assessment roll any palpable or manifest co^rectiona.
error it may find therein as when there is a misdescription of
property, or when property taxable in said village is omitted or

518 LAWS OF NEW YORK. [Chap.

when property taxable elsewhere is included in said roll or
when there has been a change of ownership since the assess-
ment was made, or where there are manifest inequalities in the
valuation of property therein, but it shall have no power to
make a new assessment of property already appraised in said
assessment roll, except that in cases of destruction thereof, or
a material injury thereto by the elements when the said board
may reduce the amount of such assessment or assessments in
such sum as it may deem just, and except also where there is a
manifest inequality between two or more assessments, the said
board may in its discretion, equalize the same as justice may
require; and all corrections that may be made in such assess-
ment roll shall be made with the view to having the same con-
form, as nearly as may be possible, to the state of facts as to
assessable persons and property in said village, existing on the

bSJdto ®^^^ ^^^® ®^^ ^^^ hearing complaints in regard thereto. When
JJ^ the said board shall have completed the review, equalization
and correction of the said assessment roll, it shall cause to be
rated and assessed on the taxable property contained in said
assessment roll as reviewed, equalized and corrected by it, the
taxes that shall have been, or may be directed to be levied upon
the taxable property, real and personal of the said village for
the then current year and when the said taxes shall have been
rated and assessed as aforesaid, the said board shall, by resolu-
DeiiTeiTof tion, couflrm the same and thereupon deliver the said assess-

tax roll and ' '■

wSKctSr,*** ment roll to the collector of taxes and assessments of said vil-
lage with its warrant under the hand of the president and cor-
porate seal of said village directed to said collector demanding
him to levy and collect the amount of taxes contained in said
assessment roll in the same manner as warrants issued by the
board of supervisors to the collectors of towns, and to make
return thereof and pay over the money to the treasurer of said
village within thirty days after the receipt of such assessment
roll by the said collector, or sooner, if required by the said
board; but the said board may after the time specified in said

Bxtension warrant for the return thereof, extend the time for the collec-

oC warrant.

tion of such taxes as shall not then have been paid, for a
further term not exceeding five months. For the purpose of
enabling the clerk of said village to perform the duties required
of him by this section, it shall be the duty of any town officer

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 519

of the towns of White Plains and Greenburgh, respectively, in g^^
whose possession the assessment rolls of said town, respect- **"**^
ively, may be, to deliver the same to the said clerk on demand.

§ 21. Section four of title four of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter four hundred and nine of the laws of eight-
een hundred and seventy-three and chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight,
is hereby amended so as to read as follows:

§ 4. Whenever any person, or corporation upon whose estate SSSiirotert
or property shall be levied, imposed or assessed, pursuant to the
several provisions of this act any tax, shall neglect or refuse
to pay the same and no personal property can be found
whereon the said tax can be levied, the collector of the said vil-
lage shall make return thereof to the board of trustees who are
authorized to cause the said tax so returned with the accrued
interest thereon, to be added to and made a part of the tax to
be assessed on such estate or property for the succeeding year
and to be collected with the said tax so to be assessed; or the
said board of trustees are authorized to cause the land or
estate on which such tax or any tax authorized by this act, is
assessed, to be sold at public auction in the said village for a ^•^ "•'••
term of time, for the payment of such tax, giving three weeks'
notice of such sale, by advertisement in any newspaper printed
in the said village, which notice shall contain a brief description
of the premises and the amount of the tax, requiring the owner
or owners to pay the same by a day therein specified, and if such
tax be not paid at the time and place specified in such notice,
the real estate or premises so advertised shall be sold under
the direction of the board of trustees, by the president
of the said village or some other person for that purpose
appointed by the board of trustees, to the person who shall
offer to take it for the shortest term of time, for the payment
of such tax and the interest thereon and the expenses of such
notice and sale, upon any person paying to the treasurer
of said village the amount of such tax, the fees and expenses
with the interest, penalties and printer's bill upon any prop-
erty so advertised for sale the proceedings so far as they
relate to such property shall be suspended. A person who at
the time of the sale was the owner of the property or of a

520 LAWS OF NEW YORK. [Chap.

vested interest therein or a lessee thereof or his assigns may
S?SSd2m? redeem from the sale, either by paying to the owner of the cer-
tificate of sale other than the village or by depositing with the
treasurer of the village for his benefit the amount paid by the
purchaser on such sale, with interest thereon at the rate of ten
per centum per annum from the time of the sale to the time of
deposit, and the fees lawfully paid to the register of the county
of Westchester for recording the certificate or any assignment
thereof. If such payment be made to the owner of the certifi-
cate, he shall thereupon execute and deliver to such person
making the payment a written cancellation or receipt of the
certificate of sale duly acknowledged in the same manner as a
deed to be recorded, and specifying the date of the sale, the
amount paid thereon, the purchaser thereof and the property
sold. If such payment be made to the treasurer he shall
deliver to the person making it a written receipt acknowledged
in like manner, and containing the like specifications. The
recording of such cancellation or receipt in the register's office
of Westchester county shall effect a cancellation of such cer-
w^henieaue tificate of salc. Aud if the premises are not redeemed within

lo be given ^

ih£Ier. one year from the day of such sale, the board of trustees shall
cause to be executed to the person or persons entitled thereto
a lease of the premises so sold, under the corporate seal and
signed by the president of the said village for the time being,
for the term for which the same were sold to be computed
from the expiration of one year from the day of such sale;

Evidence, which Icase shall be presumptive evidence that such tax was
legally imposed and of the regularity of the proceedings and
sale, for which lease the board of trustees may charge the sum
of two dollars, on the delivery thereof to the purchaser; and
such lessees, his, her or their legal representatives or assigns,

poBsewiou, may, by virtue of such lease obtain possession of such premises

how ob-
tained, in the manner prescribed by law, in relation to persons holding

over real estate sold under execution and shall and may law-
fully have, hold and enjoy such premises during the time speci-
fied in such lease against the owners thereof and all persons
claiming under them, and the tenants or occupants of said
property shall attorn to said lessee or his or their legal repre-
sentatives or assigns, and shall be at liberty, within thirty days
after the expiration of such term, to remove all buildings and

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 521

fixtures put on said lands and premises during said term, in the
right of such occupancy. Certificates of such sale may be S^SS^**
issued under the corporate seal and signed by the president
of the said village, for the time being, setting forth the facts
and circumstances of said sale, and the time at which such pur-
chaser will be entitled to such lease, and delivered to such
purchaser.

§ 22. Section eight of title four of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
added thereto by chapter one hundred and seventy-nine of the
laws of eighteen hundred and seventy-eight, is hereby amended
so as to read as follows:

§ 8. The board of trustees is hereby authorized and empowered ^^ uSie
by resolution to issue the bonds of said village to raise moneys d^Scienciet.
to meet deficiencies which may arise in the collection of taxes
or assessments for local improvements which have been here-
tofore or may hereafter be levied, assessed or imposed in accord-
ance with provisions of the existing charter of said village
or of this act, and to pay outstanding, existing and unpaid cer-
tificates of indebtedness heretofore issued to meet deficiencies
arising in the collection of taxes and assessments for local
iniprovemeuls, such bonds shall be issued in such amounts
as may be authorized by such resolution, not in excess of
the amount of taxes or assessments uncollected and certifi-
cates of indebtedness remaining outstanding, existing and un-
paid, and shall bear interest not exceeding the rate of six per JJJJ^J
centum per annum, payable semiannually, the principal payable Tble!"**''
at such times as the board of trustees shall by resolution deter-
mine. ' All moneys received from arrears of taxes or assess-
ments shall be used for the purpose of paying the interest Application

* * JT ./ <3 of money*.

and principal of the said bonds issued by the board of trustees
under the provisions of this section and for no other purpose.
Such bonds shall be signed by the president and clerk of said
village and shall have the corporate seal thereof affixed thereto
and shall not be sold or disposed of below par. A record shall Record to

be kept..

be kept of the number, date and amount of each bond issued
as aforesaid, and of the time when the same becomes due or
[)ayable, by the chMk of said village. If at the time of the
maturing of any bond or bonds there shall not be in the village
treasury sufficient moneys arising from the collection of the

522 LAWS OF NEW YORK. [Chap.

arrears of taxes and assessments to pay the same or the inter-
est due thereon, the board shall cause the amount of any
deiicieucy there may be to be levied and assessed upon all the
taxable property, real and personal, in said village, and col-
lected in the same manner and at the same time as other taxes
are collected, to pay such deficiency.

§ 23. Subdivision two of section one of title five of chapter five
hundred and eighteen of the laws of eighteen hundred and sixty-
seven, as amended by chapter six hundred and ninety-three, laws
of eighteen hundred and seventy, and chapter one hundred and
seventy-nine of the laws of eighteen hundred and seventy-eight
and chapter four hundred and ninety-three of the laws of eigh-
teen hundred and eighty-four and chapter one hundred and nine
of the laws of eighteen hundred and ninety-five and chapter
seven hundred and sixty-eight of the laws of eighteen hundred
and ninety-six is hereby amended so as to read as follows:
for°w5?k'on ^' ^^^ ^^ *^^ work of keeping clean, repairing and keeping
highways, ijj repair the highways, crosswalks, bridges and drains shall be
done by the board of trustees by contract or otherwise as the
board shall determine.

§ 24. Section two of title five of chapter five hundred and eight-
een of the laws of eighteen hundred and sixty-seven, as amended
by chapter eight hundred and five of the laws of eighteen hun-
dred and seventy-one, is hereby amended so as to read as fol-
lows :
hS!S*tI?^r § 2. The board of trustees shall have power, and are hereby au-

Md^Jontfoi thorized, under the restrictions and limitations hereinafter men-
si reeu,

??^wSika* tioned, to cause streets and avenues to be opened, extended,
*^ straightened, widened, regulated and graded, and shall also have

power to change or alter the grade of any street, avenue, high-
way or bridge in said village, (laid out or accepted by said vil-
lage) and to grade and regrade the same, and shall have powr
to cause sidewalks and crosswalks to be regulated, graded and
flagged, and curbed and gutter stones set, and the streets, high-
ways and avenues, and bridges to be kept in repair and side-
walks and crosswalks to be reflagged, and curb and gutter stones
Sfrnen** to be reset; and the expense of all such improvements, except
to^^& as hereinafter provided, shall be a lien on the property benefited
thereby in proportion to the amount of said benefit.
§ 25. Section four of title five of chapter five hundred and

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 523

•

eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter eight hundred and five of the laws of eight-
een hundred and seventy-one and chapter one hundred and nine
of the laws of eighteen hundred and ninety-five, is hereby
amended so as to read as follows:

§ 4. Whenever a petition for opening, extending, straighten- o^lIiSS
ing or widening any street or avenue in said village, signed by
the property owners on said street or avenue representing
forty per centum of the frontage of the property on said street
or avenue as opened and as proposed to be opened, shall be
presented to the board of trustees of said village, said trustees
shall cause a notice to be published in one of the village news 5*SouS!.*^
papers that such application has been made and of the time
(which shall not be less than ten days after the first publica-
tion of such notice) when they will proceed on such petition,
which notice shall be published at least once in each week
for two weeks successively in a newspaper published in said
village. Before giving notice of the pending of such applica-
tion, the board of trustees shall fix the limit or district of mStiiot'of
assessment beyond which the assessment shall not extend, and
a description of such limit or district shall be inserted in and
form a part of such notice. The said board of trustees shall
meet at the time and place designated in said notice, and shall
hear all parties interested in said improvement coming before
said board for or against said application, and may adjourn
such hearing from time to time, and if the said board shall
deem the application proper, it may review or alter the limit
or district of assessment (but not increase the same) and may
on the day specified in said notice, or as soon thereafter as
may be, at a regularly adjourned meeting of the board, by a
resolution adopted by a majority of the trustees and entered
upon the minutes of the board, decide to allow such improve-
ment to be made. If the board of trustees shall deem it proper
to permit such improvements to be made they shall cause ap-
plication to be made to the county court of the county of W^est-
Chester, or to the supreme court, at a special term held in the snpramo

court to ap-

judicial district or department in which said county shall then };f|*°{o^°^
be situated, for the appointment of three persons as commis- ^nTSS^
sioners who shall be residents and freeholders of the village of ®*'^®°***
White Plains, and not interested in or affected by the proposed

524 LAWS OF NEW YORK. [Chap.

improvement of the real property taken therefor, to estimate
the expense of said improvement and the damages sustained
bj the owners, lessees or occupant of any land taken for such
improvement, and to assess the amount of such damages and
the expenses of such improvement on the property within said
assessment district. Notice of such application shall be pub-
lished in one or more of the village newspapers, once in each
week, for two weeks successively, before the day on which
such application is so made. The said court upon such appli-
cation and after hearing all persons interested therein desir
ing to be heard shall appoint three disinterested and competent
resident freeholders of said village as such commissioners.
hoSTSSSS The said court may also appoint another or others to act in
place of any one or more of such commissioners who may die,
decline serving, be, or become interested in the improvement,
or for any cause whatever may be disabled from serving, with-
out notice, upon application of said board of trustees.

§ 26. Section seven of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven is
hereby amended so as to read as follows:
cS5?![ta?' § '^* "^^^ report of said commissioners shall be made in a
SSiuSti.*** tabular form, with columns, in which shall be distinctly given
the whole expense of the proposed improvement, and the sev-
eral items thereof, the number on the map of the pieces of land
required for the improvement, and of any residue, lots or pieces
of land, within the district of assessment, of which only a
part will be required for the same; the number of the pieces
of land assessed for benefits; the names of persons interested
in the property taken for the improvement; the amount
awarded to the different parties interested in the lands and
premises required for the improvement; the amount assessed
on each piece of land and on the different interests therein;
the balance of award to be received by the different parties
over the assessment; the balance of assessment to be paid by
each individual whose assessments amount to more than the
award, and so many and such different columns and tabular
statements as may be necessary to designate the true interest
of the parties in the lands and premises required for the im-
provements, and their liabilities and interests in relation there-
to; provided, however, that it shall be lawful for the commis-

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 525

sioners to substitute in their report, for the name of the owner
of any lands taken or assessed, the words "unknown owners'*
in all cases where they shall make and annex to their report
an affidavit that after having made diligent search and inquiry
they have been unable to ascertain the name of the owner.
An error or mistake made by any of the commissioners to be Jj/ifrSSt
appointed under this title, as to the ownership or description !SJ5iu*^
of any premises mentioned or referred to in their report, shall
not affect or render invalid any part or portion of their said
report, or the assessments.

§ 27. Section thirteen of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-eight, as
amended by chapter six hundred and ninety-three of the laws of
eighteen hundred and seventy and chapter one hundred and nine
of the laws of eighteen hundred and ninety-five and chapter
seven hundred and sixty-eight of the laws of eighteen hundred
and ninety-six, is hereby amended so as to read as follows:

S 13. After the report of the commissioners shall be confirmed Authority

o *r ^ make

the said report shall be delivered to the trustees of said village, men'tT*"
who shall thereupon be authorized to cause such improvements
to be made. At any time, within the space of thirty days next
after the confirmation of the said report, any person from whom PaymeDt

11. 11 ofasaeM-

any assessment contamed therein may be due, may pay the ™o"«^

amount thereof, without any additional expenses for collecting,

to the treasurer of the village. On the expiration of thirty days warrant

for coUec-

from the confirmation of said report by the court, the trustees tionofa«.
shall deliver the said report, or a copy thereof, duly certified by
the clerk of said village, and attach thereto a warrant signed by
a majority of said trustees, or by the president, commanding
said collector to collect from the several persons named in the
said report, the several sums assessed against such persons
respectively, in said report then remaining unpaid, together with
such fees or compensation for his services as the trustees, by a
by-law shall have provided, not exceeding five per centum on the
amount collected, and to pay the same from time to time when
collected, to the treasurer of said village, after deducting the
aforesaid fees for making such collections. Such warrant shall
be made returnable thirty days from the receipt thereof by said
collector, but may be renewed and extended by an indorsement
thereon, signed by a majority of said trustees or by the presi-

526 LAWS OF NEW YORK. [Chap.

ofHS^eit" dent, for a period not exceeding five months. The said
SSScton collector on receiving said report and warrant, shall proceed
to collect the aseessments therein mentioned, remaining unpaid,
in the same manner as provided by section three of title four of
TOiSSiSr?' this act for the collection of taxes. The collector shall, upon the
expiration of his warrant for the collection of any assessment
made under this title, report to the board of trustees the
amount of each assessment received by him under such
warrant and the amount of such assessment remain-
ing unpaid, and the said board shall thereupon issue
^^^ent ^onds of the village, to be known as assessment bonds,
**^°***" to the amount of such assessments remaining unpaid.
Such bonds shall be signed by the president of the
board and the clerk, and shall have the seal of the village
attached thereto, and shall be of such denomination, bear such
interest, not exceeding six per centum per annum, and mature
at such times, not exceeding five years from their date, as the
said board of trustees may fix and determine. The said board of
trustees may convert such bonds into money, at not less than
their par value. And said bonds when so issued and converted
Lien of shall bo a lien upon all the taxable property, real and personal,
in said village, and from the proceeds thereof and of the assess-
ments theretofore collected the board of trustees shall cause to
rSSd?* **' ^® P^^^ ^^ esich person to whom an award may have been made
SSSjedi. in such report or to his legal representatives or assigns, the
amount of the same in excess of assessments against him, and
all moneys received from assessments which remained unpaid at
the time of issuing said bonds and from the sale of the land for
the non-payment of such assessments after the issue of such
EJJdJ^amd*' bonds, shall be held and used, exclusively for the payment of
Interest. ^ijq\^ bouds aud the interest thereon until the same are all paid,
and all surplus collected, if any, shall be applied to the purposes
Tax named in section one of title four of this act. In case the entire

therefor.

receipts for such assessment or «jales of land for non-payment
thereof as herein provided shall in any year not be sufficient to
pay the interest for that year on the bonds hereinbefore author-
ized to be issued, or in case in any year when any of the princi-
pal of the loan secured by said bonds falls due, the amount of
such receipts together with the sura in the treasury of the vil-
lage applicable thereto, shall not be suflflcient to pay said princi-

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 527

pal and also the said interest falling due that year, 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
other taxes, on and from the taxable property 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 princi-
pal, or both, or the deficiency thereof not otherwise provided for.

§ 28. Section eight of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter seven hundred and sixty-eight of the laws
of eighteen hundred and ninety-six, is hereby amended so as to
read as follows:

8 8. When a residue shall be left of any lot or lots Proce«i.
necessary to be taken for such improvement, the said com- JlJfdlfJ* ^
missioners, may, in cases where injury and injustice would ***^
otherwise be done, and with the consent in writing of the
owner or owners of such lot or lots, include the whole
or any part of such residue in their report, briefly describ-
ing the same, and estimate separately the value thereof. Every
such residue, or part of residue, which shall be so included,
shall, upon the confirmation of the said report, as hereinafter
provided, and the payment or tender of the amount at which
the same shall be so estimated to the owner or owners thereof,
vest in fee simple in the village of White Plains. The trustees
of said village 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, upon reasonable notice, to be
determined by the trustees of said village, elect to take the
same at such price or prices, it shall be disposed of at public
auction upon such notice as the trustees shall deem proper, for
the best price or prices that can be obtained for the same. In
case the same shall sell at a less sum 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 improvement. And for the purpose of pro-
viding for the event of such deficiency, and for payment of the Provuion
amount thereof, the commissioners shall include, in the esti- deflc»">«y-
mate and assessment of the expenses of such improvement, the

528

LAWS OF NEW YORK.

[Chap.

i>»mpeiis»>
:ir»itor com-
rnlMionert.

Supreme
court to
uppolnt
fuardlaiu.

viltaee
attorney*!

r«

Section
repealed.

estimated value of any such residue or part of residue which
may be included in their report; and upon the sale of the same,
as above provided, the proceeds thereof shall be credited and
allowed to each of the persons assessed, in proportion to the
amount of the respective assessments against them.

§ 29. Section fifteen of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, is
hereby amended so as to read as follows:

§ 15. The commissioners of estimate and assessment, to be
appointed as aforesaid, shall be allowed six dollars for
each and every day while actually and necessarily employed
in and about their duties, and such compensation, and the fees
and charges of surveyors and other persons, shall be estimated
as part of the expenses of the improvement, and be afterwards
taxed or certified by the county judge or some other officer
authorized to tax costs in the supreme court of thiis state.

§ 30. Section seventeen of title five of chapter five hundred
and eighteen of the laws of eighteen hundred and sixty-seven,
as amended by chapter eight hundred and five of the laws of
eighteen hundred and seventy-one, is hereby amended so as to
read as follows:

§ 17. In any case of opening, straightening, widening or ex-
tending any street or avenue under the provisions of this act, the
county court of the county of Westchester, or the county
judge thereof, in term or vacation, or a justice of the supreme
court, shall have power, on application, to appoint guardians
for infants or other incompetent persons, to protect their in-
terests or prosecute appeals, who shall be entitled to receive
such compensation as may be fixed'by the court.

§ 31. Section eighteen of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven is
hereby amended so as to read as follows:

§ 18. The cost and fees of the attorney for the village in any
such proceeding, exclusive of his disbursements, shall be such
sum as shall be allowed by the court, and in case of appeal or
when the report is sent back to the commissioners such further
sum in addition to the taxed or certified bill, as the court may
deem just and proper.

§ 32. Section twenty of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 529

amended by chapter one hundred and seventy-nine of the laws
of eighteen hundred and seventy-eight and chapter three hun-
dred and fifteen of the laws of eighteen hundred and ninety, is
hereby repealed.

§ 33. Section eleven of title seven of chapter five hundred
and eighteen of the laws of eighteen hundred and sixty-seven,
as amended by chapter one hundred and seventy-nine of the
laws of eighteen hundred and seventy-eight, is hereby amended
so as to read as follows:

8 11. All work under the direction of the board of trustees work, bow

^ done.

of said village other than the working and repairing of
the highways whenever and wherever practicable, shall be
done by contract by the lowest responsible bidder therefor.
And the said board is hereby authorized and required to pro-
cure such estimates and bids for such work, and to make the
necessary contracts therefor; provided, however, that this sec-
tion shall not apply to the repairing of bridges and sidewalks.

§ 34. Section twelve of title seven of chapter five hundred
and eighteen of the laws of eighteen hundred and sixty-seven,
as amended by chapter one hundred and seventy-nine of the
laws of eighteen hundred and seventy-eight and by chapter
three hundred and fifteen of the laws of eighteen hundred and
ninety and by chapter one hundred and nine of the laws of
eighteen hundred and ninety-five and by chapter seven hundred
and sixty-eight of the laws of -eighteen hundred and ninety-six,
is hereby amended so as to read as follows:

§ 12. Said board of trustee^ shall have power to enter into street

lighting

a contract or contracts with any gas company or electric light <»ntrect8.
company or with any person or persons for lighting the streets
and public places in said village for a term not to exceed three
years. Eight months prior to the expiration of the existing Advertise-
contract for lighting the streets and of any such contract here- propo«2ui.
after made, the board shall cause a notice to be published in
ODe or more of the village newspapers for four successive weeks
thereafter, and in such other manner as the board may direct,
inviting bids or proposals for lighting the streets of the vil-
lage with gas or electricity, or both, for a term to be fixed by
the board not exceeding three years, setting forth the number
of gas and electric lights required each night dtlring said period

530

LAWS OF NEW YORK.

[Chap.

Contraeta.

Bond.

Limitation
of oon-
tract!.

Appilcatlo
of general
tazlawi.

tene of
bonds for
exlutinic ln>
(lebtedneia.

and the candle power required of each, and requiring separate
I)ropo8al8 for gas and electricity. Within thirty days after the
opening of said proposals the board if it shall deem it to be
for the best interest of the village may enter into contract with
the persons or corporations making the lowest bids for gas
and electricity, respectively, provided that each of such ])ersons
or corporations shall have first filed with the clerk of the board
a bond with two sureties, or a surety company, in a penalty
of ten thousand dollars conditioned for the faithful perform-
ance of such contract and approved by the board. If at the
time of the passage of this act, the board shall not have en-
tered into any new contract for lighting the streets, they shall
immediately advertise for proposals as above provided, not-
withstanding there shall not be eight months remaining before
the expiration of the present contract. The board shall not
make any contract or contracts for the lighting of said streets
by gas or electricity, or both, by which they shall obligate the
village to pay therefor in the aggregate a greater sum than ten
thousand dollars per annum.

§ 35. tSection fourteen of title seven of chapter five hundred
and eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter one hundred and seventy-nine of the laws of
eighteen hundred and seventy-eight, is hereby amended so as to
read as follows:

§ 14. All taxes in said village 3hall be assessed and collected
in conformity, as far as practicable, with the provisions of law in
respect to the assessment and collection of taxes by town asses-
sors and collectors, so far as the same are not inconsistent with
the provisions of this act. No tax or assessment thereof under
this act shall be void in consequence of the name of the rightful
owner or owners of any real estate not being inserted in the as-
sessment rolls or lists. But in such case no tax shall be collected
except from the real estate so assessed.

§ 36. Section nineteen of title seven of chapter four hundred
and sixty-seven as added by chapter seven hundred and sixty-
nine of the laws of eighteen hundred and ninety-six, is hereby
amended so as to read as follows:

§ 19. The board of trustees of said village is hereby authorized
to issue the bonds of said village to pay any indebtedness
of said village arising by reason of the current expenses of

201.] ONE HUNDRED AND TWENTY-PIPTH SESSION. 531

said village exceeding the amount provided by law for the pay-
ment thereof, said bonds to be issued in such amounts and to
draw such interest not exceeding six per centum per annum
payable semi-annually and to run for such periods as the
said board shall by resolution determine; they shall be signed
by the president and clerk of the village, and have the
corporate seal thereof aflflxed thereto, and shall not be
disposed of for less than their par value, and when
issued shall be a lien upon all the taxable property, real
and personal in eaid village, and the said board shall provide for
the payment of the interest thereof and the principal thereof at TiSJIlUSrind
maturity by including the amount of said interest to be paid ^^ "^^
annually and the amount of said principal maturing in the annual
tax levy of said village.

§ 37. Title seven of chapter five hundred and eighteen of the
laws of eighteen hundred and sixty-seven is hereby amended by
adding thereto as section twenty the following:

§ 20. The provisions of section one hundred and fifty-nine of appiS^biei
chapter four hundred and fourteen of the laws of eighteen hun-
dred and ninety-seven, entitled "An act in relation to villages,
constituting chapter twenty-one of the general laws," shall not
apply to any change of grade of street, avenue or bridge in the
village of White Plains. But this act and amendment shall not
affect or impair any act done or right accruing, accrued, or ac-
quired, or liability, or penalty incurred prior to the time of the
passage of this act, but the same may be asserted, enforced or
prosecuted as fully and to the same extent as if this act and
amendment had not been passed; and all claims, action and pro-
ceedings commenced under and by virtue of said section one hun-
dred and fifty-nine of chapter four hundred and fourteen of the
laws of eighteen hundred and ninety seven and asserted, pre-
sented and pending prior to the passage of this act, and amend-
ment, may be prosecuted to final effect in the same manner as
they might be if this act and amendment had not been passed.

§ 38. Section nineteen of title five of chapter five hundred and
eighteen of the laws of eighteen hundred and sixty-seven, as
amended by chapter six hundred and ninety-three of the laws of
eighteen hundred and seventy, is hereby amended so as to read
as follows:

532

LAWS OF NEW YORK.

[Chap.

ARHPRS-

mentB a
Uen oa
propertj.

Owners to
keep side-
walks in
repair.

§ 19. All assessments for improvements in the eaid village,
when the same shall have been confirmed by the court, as herein
provided, shall constitute, be and remain a lion upon the lands
and premises upon which the same shall have, been imposed
or assessed until paid or satisfied; and the said lien, with
the interest and expenses thereon, as hereinafter provided,
shall have priority over all other liens or incumbrances. When
any such assessment shall be returned by the collector of the
said village, on the warrant issued to him as unsatisfied in whole
or in part, it shall be lawful for the trustees, and it shall be thoir
duty, to cause such lands and premises to be sold at public
auction for a term of time, for the payment of such assessment,
with the interest and expenses thereon, in the same manner and
as provided by section four of title four of this act for the sale
of lands and premises for unpaid taxes and the several provi-
sions of said section four of title four of this act shall be appli-
cable to all sales made in pursuance and by virtue af this sec-
tion.

§ 39. Section twenty-one of title five of chapter five hundred
and eighteen of the laws of eighteen hundred and sixty-seven;
and sections twenty-five, twenty-six, twenty-seven, twenty-
eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three,
thirty-four, and thirty-five, of chapter five hundred and eight-
een of the laws of eighteen hundred and sixty-seven, as added
by chapter four hundred and nine of the laws of eighteen hun-
dred and seventy-three, and section thirty-six of title five of
chapter five hundred and eighteen of the laws of eighteen hun-
dred and sixty-seven, as added by chapter four hundred and
nine of the laws of eighteen hundred and seventy-three and
amended by chapter one hundred and nine of the laws of eight-
een hundred and ninety-five, are hereby repealed.

§ 40. Section twenty-three of title five of chapter five hun-
dred and eighteen of the laws of eighteen hundred and sixty-
seven, as amended by chapter one hundred and seventy-nine of
the laws of eighteen hundred and seventy-eight, is hereby
amended so as to read as follows:

§ 23. It shall be the duty of the owners or occupants of
lands fronting on any of the streets op avenues in said vil-
lage, to construct, relay, and keep in repair the sidewalks,
curbing and gutters in front of their respective lots, in
BQch manner, at snoh times, and of saoh materialSi mm the

201.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 533

said trustees may by a by-law, resolution, or ordinance for that
purpose legally direct. Notice of such by-law, resolution or
ordinance shall be served upon the owner or owners, occupant
or occupants of said lands by publication of said by-law, reso-
liqtion or ordinance for two weeks in at least two of the news-
papers published in said village, and if any such owner or mgs when

, owners

occupant shall refuse or. neglect to construct, relay or repair j^iect ■©
the sidewalks, curbing and gutters opposite to or fronting
on the lot or lots owned or occupied by him as aforesaid,
when so directed to do by the trustees as aforesaid, then in
either case it shall be lawful for the trustees to cause such
sidewalks, curbing and gutters to be so constructed, re-
laid or repaired, for or on account of the owner of such lots,
and such owner and such lots shall be liable to pay the ex-
penses of such repairs, relaying or construction, as the same
shall be audited and determined by said board of trustees, and
such expenses shall include the cost and expense incurred by
said board of trustees in such repairs, relaying or construct-
ing, the cost of publishing the by-law, resolution or ordi-
nance, the cost of the services of the village engineer in over-
seeing and supervising said work, and charges of the attorney
for the village in drawing contracts for said work, and the
cost of advertising for contracts to do said work; such expense
to be apportioned and determined by said board of trustees,
and all sums so expended upon sidewalks, curbing and gut-
ters after being audited and determined by a vote of the
board of trustees, shall be a lien or tax to that amount upon
every such lot, and thereupon it shall be lawful for the said
board to issue to the collector of taxes, and assessments, their
warrant, returnable in thirty days, for the collection thereof
out of the goods and chattels of the persons legally liable to
pay the same; and if such warrant shall be returned unsatis-
fied, in whole 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 assessments and taxes, 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 said titles. The aforesaid warrant shall SJu K'
be under the corporate seal of said village, and signed by the ^nu^'e

corporate

534

LAWS OP NEW YORK.

[Chap.

TruAteet
AUthorlied

lO ISHUtt

oertlflcate
of lnd«>btecl-
aeiHk

Interest,
rnte and
when pay-
able.

Proceed*
ingM to
acquire real
property.

president thereof, and may be renewed in the same manner
as hereinbefore provided for the renewal of a warrant for the
collection of taxes. A warrant issued for the collection of
assessments for any of the improvements authorized by this
act may be. issued and renewed in the same manner as pro-
vided for warrants for the collection of taxes. To provide
funds for the expense of construction, relaying or repairing of
any of said sidewalks, curbing or gutters the board of trustees
is hereby authorized, and empowered, whenever it may deem it
necessary to issue certificates of indebtedness of said village
in anticipation of the collection of assessments made or to be
made for the cost and expense of said work of constructing
sidewalks, curbing and gutters, or the relayinj]^ or repairing
of sidewalks, gutters and curbing, which certificates shall be
known as sidewalk assessment certificates of indebtedness;
said certificates shall be issued in such denominations as said
board of trustees may determine, shall be made payable at
not to exceed five years from the date of issue; shall bear
interest at a rate not to exceed four per centum per annum,
payable semi-annually, and shall not be disposed of for less
than par; the proceeds of said certificates when sold shall be
used solely for the purpose of paying the cost and expenses
of constructing, relaying or repairing sidewalks, curbing and
gutters in said village, and any of said certificates outstanding
shall be paid and retired with the moneys received from the
assessments levied for the cost and expenses of constructing
said sidewalks, curbing and gutters, or the relaying or repair-
ing the same, and said moneys shall be used for no other pur-
pose.

§ 41. Whenever the village of White Plains or any board of
officers thereof, or the board of trustees thereof, or the board
of water commissioners thereof, desires to acquire title to real
property, for a public use by condemnation, the proceeding for
that purpose shall be taken in the manner provided in title
one of chapter twenty-three of the code of civil procedure of
the state of New York, except that the petition required by
section thirty-three hundred and sixty of said title may be pre
sented to the county judge of the county of Westchester, or to
the supreme court, and except that the commissioners to be
appointed by said county judge of the county of Westchester

202.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 535

or the supreme court in pursuance of the provisions of section
thirty-three hundred and sixty-nine of said title, shall be dis-
interested and competent residents, and freeholders of the
village of White Plains.
§ 42. This act shall take effect immediately.

Chap. 202.

AN ACT to authorize the village of Canisteo, in Stouben county,
to borrow money and issue bonds, for the purpose of repair-
ing the old, and building new piling and embankments along
Bennetts creek, in said village and pay the indebtedness incur-
red by virtue of the quarantine of smallpox patients in said
village.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The board of trustees of the village of Canisteo, JJ^J^p^
in Steuben county, are hereby authorized and directed to bor- mo^e^ind
row a sum not exceeding three thousand dollars and to issue
bonds for that amount, or for so much thereof as they may
deem necessary for the purpose of repairing the old embank-
ment along Bennetts creek in said village and building new
embankments and piling along said creek at points where the
said board of trustees shall deem necessary, for the purpose
of keeping water from said creek out of said village. And also
to pay the expenses and debts heretofore incurred by said board
and by the board of health of said village in quarantining
smallpox patients in said village and for medical care of such
patients and paying for property destroyed by order of the
board of health and expenses connected therewith as audited
and allowed by the board of trustees.

§ 2. Said bonds shall be issued for five hundred dollars each, ^"**-
shall be signed by the president and clerk of said village, and
shall be payable with interest at the first state bank in the interest,
village of Canisteo and shall bear interest at such rate as shall
be fixed by the board of trustees, not exceeding five per centum
per annum; and shall mature, one bond of five hundred dollars
in one year from the date of the same, and one bond each year

Tax.

536 LAWS OP NEW YORK. [Chap

thereafter from the date of the same until the full amount of
said bonds shall be fully paid. The interest on the same shall
be paid annually, one year from the date of the bonds. Said
bonds shall be sold by the trustees at the best price they can
obtain therefor, not less than par.

§ 3. The board of trustees of said village shall raise by tax
in the manner now provided by law for collecting taxes in said
village on the taxable property within the village in addition
to the other taxes authorized by law, the amount of the prin-
cipal or interest or both which shall become due on said bonds
in any year until the principal and interest of said bonds are
fully paid.

§ 4. This act shall take effect immediately.

Chap. 203.

AN ACT to amend the penal code in relation to advertisements

to procure divorces. •

Became a law, March 21, 1902, wtth the approval of the Governor. Passed,

a majority being present

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

Section 1. The penal code is hereby amended by inserting
therein a new section to be numbered one hundred and fortv-
eight-a, to read as follows:

§ 148-a. Advertising to procure divorces. — Whoever prints,
publishes, distributes or circulates, or causes to be printed, pub-
lished, distributed or circulated any circular, pamphlet, card,
hand bill, advertisement, printed paper, book, newspaper or
notice of any kind offering to procure or to aid in procuring any
divorce, or the severance, difisolntion, or annulment of any mar-
riage, or offering to engage, appear or act as attorney or counsel
in any suit for alimony or divorce or the severance, dissolution
or annulment of any marriage, either in this state or elsewhere,
is guilty of a misdemeanor. This act shall not apply to the
printing or publishing of any notice or advertisement required
or authorized by any law of this state.

§ 2. This act shall take effect September first, nineteen hun
dred and two.

204.] ONE HUNDRED AND TW ENTY-FIFTH SESSION. 537

Ctiap. 204.

AN ACT to amend chapter three hundred and eighty-flve of the
laws of eighteen hundred and sixty-two, entitled "An act to
amend and consolidate the several acts relative to the city
of Schenectady," by including within the bounds of such city
portions of the towns of Rotterdam and Niskayuna, increasing
the number of wards of such city, and making certain pro-
visions incident thereto.

Accepted by the city.

Became a law, March 21, 1902, with the approval of the Governor. Passed*

three-fifths being present.

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

Section 1, Section one of title one of chapter three hundred amenSSd.
and eighty-five of the laws of eighteen hundred and sixty-two.
entitled "An act to amend and consolidate the several acts rela-
tive to the city of Schenectady," as amended by chapter six
hundred and ninety-four of the laws of eighteen hundred and
seventy, is hereby amended to read as follows:

§ 1. All that part of the county of Schenectady bounded and liSIK.'***
described .is follows shall hereafter be included in and consti-
tute the city of Schenectady: Beginning at a stone monument
on the southerly bank of the Mohawk river located on the lands
formerly owned by W. Cunningham and running along the
boundary line, established January twenty-fifth, eighteen hun-
dred and sixty-six, by a map filed in the oflice of the county
clerk of Schenectady county, to the stone monument on or near
the easterly line of the Rosa road; thence, in a straight line to
the intersection of the westerly line of the Brewer road and
the northerly line of the Troy turnpike; thence, in a straight
line to the intersection of the easterly line of Elbert street and
the southerly line of the Albany turnpike; thence, in a straight
line to a stone monument (which was established as the south-
west corner of the city boundary, January twenty-fifth, eight-
een hundred and sixty-six by a map filed in the office of the
county clerk of Schenectady county), on the southerly side of
the New York Central and Hudson river railroad; thence, in a
straight liue to the intersection of the westerly line of Cleve-

538 LAWS OF NEW YORK. [Chai>.

land avenue, and the northerly line of Guilderland avenue;
thence in a straight line to the intersection of the easterly line
of Olean street (formerly called the Oil Mill road) and the
northerly line of the lands of the Delaware and Hudson rail-
road company; thence, in a straight line to the center of the
culvert, through which Teller's Kill flows under the Erie
canal; thence, along the center line of the Erie canal to a point,
near the Westinghouse works, where said line intersects the
boundary line established January twenty-fifth, eighteen hun-
dred and sixty-six by a map filed in the office of the county clerk
of Schenectady county; thence, along said boundary line to the
center of the Binne kill; thence, down the center of the
Binne kill as it runs to the Mohawk river; thence, along the
^lohawk river to the place of beginning; such territory em-
bracing the city of Schenectady as bounded and described by
a map filed in the office of the county clerk of Schenectady
county on the twenty-fifth day of January, eighteen hundred
and sixty-six, in pursuance of chapter seven hundred and five
of the laws of eighteen hundred and sixty-five, and portions of
the towns of Rotterdam and Niskayuna in such county. This
act shall be known as the charter of said city.

§ 2. Section two of title one of such act, as amended by chap-
ter six hundred and ninety-four of the laws of eighteen hundred
and seventy, and chapter three hundred and ninety-three of the
laws of nineteen hundred and one, is hereby amended to read
as follows:

§ 2. The said city shall be divided into ten wards, as follows:

First ward. — All that part of said city bounded northerly by
the north bounds of said city, easterly and southerly by the
westerly line of the New York Central and Hudson river rail-
road, and westerly by the city bounds, as formerly established
by a map filed in the office of the county clerk of Schenectady
county on the twenty-fifth day of January, eighteen hundred
and sixty-six.

Second ward. — All that part of said city bounded northerly
and easterly by the city bounds, southerly by the center of the
Troy turnpike and the center of Union street, and westerly by
a line commencing at a point where the center line of Park
place produced southerly intersects the center line of Union
street and running thence northerly along said line and along

204.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 63'J

the center of Park place to the center of Nott street, thence
westerly along the center of Nott street to the easterly line of
the Troy branch of the New York Central and Hudson river
railroad, thence northerly along the easterly line of the Troy
branch of the New York Central and Hudson river railroad to
the northerly boundary line of said city.

Third ward. — All that part of said city bounded northerly by
the city bounds, easterly by the westerly line of the second
ward, southerly by the center of Union street, and westerly
by the westerly line of the New York Central and Hudson river
railroad.

Fourth ward. — ^All that part of said city bounded northerly
by the center of Union street, easterly by the center of Nott
terrace, southerly by the center of State street, and westerly
by the westerly line of the New York Central and Hudson river
railroad.

Fifth ward, — All that part of said city bounded northerly by
the center of State street, easterly and southerly by a line
commencing at a point where the center line of Veeder avenue
produced northeasterly intersects the center line of State
street, and running thence southwesterly along said line and
along the center line of Veeder avenue to the point of intersec-
tion of the center line of Veeder avenue with the center line
of South Center street, and thence westerly along the center
of South Center street to the westerly boundary line of said
city as formerly established by a map filed in the office of the
county clerk of Schenectady county on the twenty-fifth day of
January, eighteen hundred and sixty-six; and westerly by the
city bounds as formerly established by a map filed in the office
of the county clerk of Schenectady county on the twenty-fifth
day of January, eighteen hundred and sixty-six, and the west-
erly line of the New Y'ork Central and Hudson river railroad.

Sixth ward. — All that part of said city bounded northerly by
the center of Union street and the center of the Troy turnpike,
easterly by the city bounds, southerly by the center of the Al-
bany turnpike and the center of State street, and wes^terly by
the center of Nott terrace.

Seventh ward. — All that part of said city bounded northerly
by the center of State street, easterly and* southerly by a
line commencing at a point whore the center line of Steuben

640 LAWS OF NEW YORK. [Chap.

street produced northeasterly intersects the center line of State
street, and running thence southwesterly along said line and
along the center line of Steuben street and said center line pro-
duced southwesterly to the center of Duane avenue, thence
westerly along the center of Duane avenue to the center of
Craig street, thence southerly along the center of Craig street
and along the center line of Craig street produced southerly to
the southerly boundary line of said city as formerly established
by a map filed in the office of the county clerk of Schenectady
county on the twenty-fifth day of January, eighteen hundred
and sixty-six; and westerly by the city bounds as formerly
established by a map filed in the office of the county clerk of
Schenectady county on the twenty-fifth day of January, eigh-
teen hundred and sixty-six and the fifth ward.

Eighth ward. — All that part of said city bounded northerly by
the center of State street and the center of the Albany turn-
pike; easterly by the city bounds and southerly by the
city bounds, as formerly established by a map filed in the
office of the county clerk of Schenectady county on the twenty-
fifth day of January, eighteen hundred and sixty-six, and west-
erly by the seventh ward.

Ninth ward. — All that part of said city bounded easterly by
the fifth, seventh and eighth wards, southerly, westerly and
northerly by the westerly line of the New York Central and
Hudson river railroad.

Tenth ward. — All that part of said city bounded northerly by
the center line of the Erie canal, easterly by the first and ninth
wards, southerly and westerly by the city bounds.

The term " city bounds " used in this section as descriptive
of ward boundaries, except where otherwise specified, refers
to the bounds of the city of Schenectady as enlarged by inclu-
sion therein of portions of the towns of Rotterdam and
Niskayuiuu

§ 3. Title one of such act is hereby amended by adding thereto
three sections to be sections five, six and seven thereof, and to
read as follows:

§ 5. The provisions of all laws relating to the city of Schenec-
tady or prescribing the powers and duties of the common coun-
cil and officers of such city shall apply to the entire city of
Schenectady and the several wards thereof as hereby consti-

204.] ONE HUNDRED AND TWENTYFIPTH SESSION. 541

tuted, enlarged and described. The officers of the wards of
such city numbered from one to eight, both inclusive, shall be
deemed the officers of and for such wards, respectively, as
hereby bounded and described. Within ten days after this act J^STa??'
takes effect, the common council of the city of Schenectady vointm^t
shall meet and appoint two aldermen, one supervisor and one
constable for each of the ninth and tenth wards of such city.
The aldermen and constables so appointed shall hold office xennii of

*^*^ officers.

until January first, nineteen hundred and three, and the super-
visors until the second Tuesday in April, nineteen hundred and
three. At the annual city election to be held in the month of tS^n.
November, nineteen hundred and two, there shall be elected
in and for each of the ninth and tenth wards, two aldermen, JJJJeS* ^
one to hold office for a term of two years and one for a term
of one year from and including the first day of January, nine-
teen hundred and three; and at each annual city election there-
after one alderman shall be elected in and for each of such
wards to hold office for a term of two years from and including
the first day of January succeeding his election. At the annual
city election to be held in the month of November, nineteen
hundred and two, there shall be elected in and for each of the
ninth and tenth wards one constable to hold office for a term eiw?!?^**
of one year from and including the first day of January, nine- ©?. **""
teen hundred and three; and at each annual city election there-
after one constable shall be elected in and for each of such
wards to hold office for a term of one year from and including
the first day of January succeeding his election. At the annual
city election to be held in the month of November, nineteen
hundred and two, there shall be elected in and for each of the
ninth and tenth wards one supervisor to hold office for a term superrto.

^ on. eleotloB

of one year from and including the second Tuesday in April ;j^* ^'"^
succeeding his election; at the annual city election held in the
month of November, nineteen hundred and three, there shall
be elected in and for each of such wards one supervisor to hold
office for a term of two years from and including the second
Tuesday in April, nineteen hundred and four; and at each alter-
nate annual city election thereafter there shall be elected in and
for each of such wards one supervisor to hold office for a term
of two years from and including the second Tuesday in April

542 LAWS OF NE^Y YORK. [Chap.

duuMof*"* succeeding his election. The oflQcers appointed or elected pur-
*^**"' suant to this section in and for the ninth and tenth wards of
such city shall have all the powers and duties of the officers
of the other wards of such city.
Boandartea s 6. The boundarics of the towns of Rotterdam and Niskay-
changed, q^q^ ^l^q hereby changed so that the portion of the territory in-
cluded within the city of Schenectady by this act shall be ex-
cluded from such towns, and the balance of each of such towns
not included hereby within the boundaries of such city shall be
diltriUtm a separate and distinct town. A school district of either of
abolished, such towns wholly included in the city of Schenectady shall be
abolished, and the terms of oflSce of the officers thereof termi-
nated, except that any school district taxes levied and un-
collected at the time this act takes efifect shall be collected by
the same officers and in the same manner as if this act had not
been passed, and when so collected shall be paid to the treas-
urer of the city of Schenectady, and be by him applied to the pur-
otKhSS^ poses for which they were levied. The boundaries of any
2hai^ school district partly included in the city of Schenectady by
this act, are hereby changed, so that the portion thereof in-
cluded in such city shall be excluded from such school district;
and the balance of such school district not included hereby
within the boundaries of such city shall be a separate and dis-
tinct school district until changed in pursuance of law. All
the property of the towns of Rotterdam and Niskayuna and of
any school district thereof located in the territory hereby in-
cluded in and constituted a part of the city of Schenectady
shall become the property of the city of Schenectady. The
change in the boundaries of the towns of Rotterdam and Nis-
kayuna, or of any school district therein not wholly embraced
within the territory included hereby in the city of Schenectady,
shall not be deemed to change the term of any town or school
district officer, but no officer of either of such towns or school
districts shall have any jurisdiction over any part of the terri-
tory included within the city of Schenectady, except that town
or school district taxes levied on persons or property in such
territory and remaining uncollected at the time this act takes
effect may be collected by the same officers and in the same
manner as if this act had not been passed.

204.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 543

§ 7. All debts, dues and obligations of any school district wholly ^^^*^?°'
included in the city of Schenectady by this act, whether bonded dwia?5 »
or otherwise, are hereby declared to be a charge upon and shall upon th^
be payable by the city of Schenectady as the same shall
become due and payable. The city of Schenectady shall be
liable for its proportionate share of the indebtedness, bonded
or otherwise, of any town or school district partly included
hereby within such city, and for which taxes have not been
levied at the time this act takes effect. Such share shall bear
the same ratio to the whole debt of such town or school dis-
trict as the assessed valuation of the portion of such town or
school district hereby included in the city of Schenectady bears
to the entire assessed valuation of such town or school district,
according to the last assessment roll made before this act takes
effect. Within thirty days after this act takes effect the mayor
of the city of Schenectady and the supervisor of such town or
the trustee or trustees of such school district, as the case may
be, shall meet and ascertain the proportionate shares of the
city and of the town or school district on the above basis; and certmcate

•^ 'of appor-

shall make a certificate, in duplicate, showing the same, which wheJ^fi^ea
shall be filed with the treasurer of such city and the clerk of
such town or school district. Thereafter there shall be raised
in the city of Schenectady a sum sufficient to pay the city's
proportion as the same becomes due and payable; which shall
be paid over to the proper officer of such town or school district
to be by him applied in the payment of such indebtedness.

§ 4. Section one of title two of said act, as amended by chap-
ter one hundred and eighty of the laws of eighteen hundred and
ninety-seven and chapter three hundred and ninety-three of the
laws of nineteen hundred and one, is hereby amended to read
as follows:

§1. The officers of said city shall be one mayor, one recorder, one ^]^^^
treasurer,one cityjudge,one police justice, three assessors, three
commissioners of police, and for each ward, one supervisor, two
aldermen, one constable; all of whom shall be chosen, by ballot,
by the electors of said city who are qualified to vote there-
for; four water commissioners, exclusive of the mayor, who jgpointiT«
shall be a water commissioner ex officio, six members of the
board of health, who shall be appointed in the manner and at
the time and for the term now prescribed by law; a city attor-

544 LAWS OP NEW YORK. [Chap.

ney, a city clerk, a city marshal who shall be the janitor of the
city hall, a city physician, a city printer, four fire commission-
ers, exclusive of the mayor, who shall be a fire commissioner
ex officio, a chief engineer, and two assistant engineers, a city
surveyor, a superintendent of streets, a superintendent
of sewers, an overseer of the poor, a sealer of weights
and measures, a board of magistrates, to consist of
the police justice and two aldermen, a city measurer, a
pound master, a fence viewer; all of whom except the fire com-
missioners shall be appointed by the common council on the
first Tuesday of January in each year by a majority vote, and by
ballot, unless the common council shall by the unanimous vote of
those present, otherwise order; thirty commissioners of deeds
who shall be appointed by the common council at the time, in
the mode, and for the term now provided by law; and ten com-
missioners of common schools who shall be appointed by the
mayor. The common council may also appoint so many fire
marshals, lamp lighters, firemen, laborers and servants as they
shall, from time to time, determine to be necessary.

§ 5. Section two of title two of said act, as amended by chap-
ter one hundred and eighty of the laws of eighteen hundred and
ninety-seven, and chapter three hundred and ninety-three of the
laws of nineteen hundred and one, is hereby amended to read as
follows:
JrtlS!*^ § 2. The term of office of the superintendent of streets, su-
perintendent of sewers, constables, city attorney, city
clerk, city physician, city printer, city surveyor, city
marshal, chief engineer and assistant engineers, overseer
of the poor, sealer of weights and measures, board of mag-
istrates, city measurer, pound master and fence viewer, shall
be one year; of the mayor, treasurer, commissioners of police,
fire commissioners, water commissioners, except as provided by
chapter three hundred and thirty of the laws of eighteen hun
dred and eighty-three, as amended, commissioners of common
schools and aldermen, two years; of the city judge, assessors,
members of the board of health, three years; of the recorder and
police justice, four years. The term of office of the mayor, re-
corder, city judge, aldermen, assessors and of the other officers
named in the preceding section, shall commence with the first
day of January succeeding their election; except that the term

205.] ONE HUNDRED AND TWENTY FIFTH SESSION. 545

of oflBce of the superyisors shall commence with the secondTnes-
day of April; that of the commissioners of common schools with
the first day of March; that of the appointive water commis-
sioners, with the second Tuesday of January; and that of the
appointive fire commissioners, with the first day of March; that
of the commissioners of police on the first Monday of January;
all officers, laborers and servants appointed by the common coun-
cil, whose terms of office is not fixed by this section, shall hold
their offices during the pleasure of the common council. All JJ^S?'
officers of said city in office when this act takes efifect shall hold
their office until the expiration of the terms for which they were
respectively chosen, and until their successors are chosen, have
qualified and assumed the duties of their offices, ezoept as pro-
vided in section five of this title.
§ 6. This act shall take effect immediatelj.

AN ACT to amend the forest, fish and game law, in relation to
the taking of deer in the counties of Ulster, Greene, Delaware,
Sullivan and Putnam.

Became a law, March 21, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Torky represented in Senate and
Assembly f do enact as follows:

Section 1. Section three of chapter twenty of the. laws of
nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," is hereby amended to read as follows:

§ 3. Deer; close season; special. — There shall be no open sea-
son for wild deer In the counties of Ulster, Greene, Delaware
and Putnam before September first, nineteen hundred and
seven. The close season for wild deer in the county of Sullivan
shall be from November sixteenth to October thirty-first, both
inclusive.

§ 2. This act shall take effect immediately,

546 LAWS OF NEW YORK:. [Chap.

Chap. 206.

AN ACT in relation to the removal of the remains of deceased
soldiers from potter's field and neglected or abandoned ceme-
teries to incorporated cemeteries which are properly cared
for and to provide for a soldiers' plot in such cemeteries and
to defray the expenses of obtaining plots and for the
removals and reinterment of the remains of deceased soldiers
and to provide for the annual care of soldiers' plots in
cemeteries.

Became a law, March 21, 1902, wHh the approval of the Governor. Passed,

a majority being present

TJie People of the State of New Tork, represented in Senate and
Assemhlyy do enact as follows:

Town Section 1. The town board in each of the towns of this state

board! may

JSdiw* niay upon the application in writing of any veteran soldiers'
SBmwMriM. association in the town, or upon a petition in writing of five or
more veteran soldiers in towns where no veteran soldiers'
organization exists, purchase or provide a soldiers' plot in oni*
or more cemeteries where no burial plots are now owned by
soldiers' organizations, in which burial plots deceased soldiers
may be interred, and may also provide for the annual care of
soldiers' burial plots in cemeteries, at the rate of not' to exceed
fifty cents for each soldier's grave in such burial plot or plots
and the expense shall be included in the town expenses, as-
sessed, levied and collected in the same manner as other town
expenses are levied and collected.
^^x*jj" § 2. Upon a verified petition presented to a judge of a court
JSd?35lter. of record by any soldiers' organization in any town in this state
reroaiSeof by a majority of its officers, or a majority of any memorial com
8>Mien. mittee in any town where there are two or more veteran sol-
• diers' organizations, or in towns where there are no veteran sol-
dier organization, may upon the petition of five or more veteran
soldiers, the judge to whom said verified petition is presented
shall make an order to show cause, returnable before him at a

time and place within the county in not less than fourteen nor
more than twenty days from the date of the presentation of
said petition, why the remains of any deceased soldiers buried
in potter's field, or in any neglected or abandoned cemeteries

206.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 547

should not be removed to and reinterred in a properly kept
incorporated cemetery in the same town or in a town adjoining
the town in which the remains of a deceased soldier is buried,
and to fix the amount of the expenses for such removal and re-
interment, and the order to show cause shall provide for its
publication in a newspaper, to be designated in the order, which S^Jidifr^'
is published nearest to the cemetery from which the removal is
sought to be made, once in each week for two successive weeks.
The verified petition presented to the judge shall show that S*°*fJ[{J„
the petitioners are a majority of the officers of a veteran soldier
organization, or a majority of a memorial committee in towns
where two or more veteran soldier organizations exist, or thi^t
the petitioners are honorably discharged veteran soldiers in
towns where no veteran soldier organization exists, and (1) the
name of the deceased soldier or soldiers whose remains are
sought to be removed, and if known the company and regiment
in which he or they served; (2) the name and location of the
cemetery in which he is interred and from which removal is
asked to be made; (3) the name and location of the incorporated
cemetery to which the remains are desired to be removed and
reinterred; (4) the facts showing the reasons for such removal.
Upon the return day of the order to show cause and at the time
and place fixed in said order, upon filing proof of publication
of the order to show cause with the judge, if no reason or ob-
jection is made thereto, he shall make an order directing the ^^^'
removal of the remains of said deceased soldier or soldiers to
the cemetery designated in the petition within the town or
within a town adjoining the one in which the remains are then
buried and shall specify in the order the amount of the ex-
penses of such removal, which expenses of ^removal and re- ^^JJJ^*,?^
interment shall be a charge upon the town from which the re- Spon^h?"
moval is made and such expenses shall be audited by the town a»dtobe'

*^ " Included In

board and included in the tax levy of the town and paid the t*3cie^y-
sam^ as other town charges, and on and after the removal and
reinterment of the remains of the deceased soldier or soldiers
in a soldiers' plot, the expenses for annual care of the grave in JSJ'SJnSi
the soldiers' burial plot to which the removal is made shall be *****
annually provided by the town in which the remains were
orginally buried, at the rate of not to exceed fifty cents per
grave and shall be paid annually to the incorporated cemetery

548 LAWS OF NEW YORK. [Chap.

association to which the remains of each deceased soldier may
rndoSer, ^^ rcmoved and reinterred. The petition and order shall be
where filed. ^|^^ .^ ^^^ county clerk's office of the county in which the re-
mains of the deceased soldier were originally interred, and the
service of a certified copy bf the final order upon the cemetery
association shall be made prior to any removal. Any relative
of the deceased soldier or soldiers, or the officer of any ceme-
tery association in which the remains of the deceased soldier
or soldiers were originally interred, or the authorities of the
town in which the soldier or soldiers was originally buried may
oppose the granting of said order and the judge shall sum-
marily hear the statement of the parties and make such order
as the.justice and equity of the application shall require. Any
^5**^ headstone or monument which marks the grave of the de-

and roie»l ^

he£SoM& ceased soldier shall be removed and reset at the grave in the
cemetery to which the removal is permitted to be made and in
each case the final order shall provide the amount of the ex-
penses of such removals and reinterment and resetting of the
headstone or monument. The order shall designate the person
or persons having charge of the removals and reinterments.
Upon completion of the removal, reinterment and resetting
of the headstones or monuments, the person or persons having

Report charge of the same shall make a verified report of the removal,
reinterment and resetting of the headstone or monument and
file the report in the clerk's office of the proper county. The
word " soldier " shall be construed to mean an honorably dis-
charged soldier, sailor or marine who served in the army or
navy of the United States, and the words " soldiers' plot " shall
be construed to mean a plot of land in any incorporated ceme-
tery set apart to •be exclusively used as a place for interring
the remains of deceased veteran soldiers of the United States,
g 8. This act shall take effect immediately.

207.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 549

Chap. 207.

AN ACT to amend chapter three hundred and ninety-four of the
laws of eighteen hundred and ninety-five, entitled "An act
to revise the charter of the city of Oswego," and the acts
amendatory thereof.

Passed without the acceptance of the city.

Became a law, March 22, 1902, wlith the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorkf represented in Senate and
Assembly, do enact as follotos:

Section 1. Section one of said act is hereby amended to read SSSn/ied.
as follows:

§ 1. The district of country in the county of Oswego and SnK^Luu
state of New York, contained within the boundaries hereinafter p^"*®™-
described, shall be a city by the name of " Oswego " and the
citizens of this state, from time to time, inhabitants within the
said boundaries shall continue to be a body politic and corpor-
ate by the name of "the city of Oswego", and in that name
may sue and be sued, complain and defend in any court, make
and use a common seal, and alter it at pleasure, and may receive
by gift, grant, devise, bequest or purchase any real or personal
property and hold, own, utilize, enlarge, improve, extend, lease,
sell and convey, all and singular, such real or personal property
or estate, right, power, privileges, easements, hereditaments and
franchises as it may receive as aforesaid, and use, improve,
maintain, enlarge, extend and operate the same in such mode
and manner and by such means and appliances and agencies as
the purposes, objects, conveniences, advantages, pecuniary bene-
fits, comfort and necessities of the corporation or its said citi-
zens and inhabitants may require and for other purposes not
contrary to law. All the real estate and personal property now
owned or possessed by or held in the name of " the city of Os-
wego ", or in trust for the mayor and common council of the city
of Oswego, are hereby vested in "the city of Oswego", with
power to hold or convey the same as the purposes of said cor-
poration may require. The said corporation shall also have
the powers and privileges conferred by the general statutes of
this state upon municipal corporations, as well as those con-
ferred by this act.

550

LAWS OF NEW YORK.

[Chap.

ElPCtlTe
nnd

nppofnttT*
ofllcera.

W»rd
ofUcera.

Eligibility
to office.

g 2. Section four of said act is hereby amended to read as
follows:

§ 4. The officers of the city shall be as follows: Elective offi-
cers, one mayor, one recorder, two justices of the peace, two
constables, four commissioners of fire and police; appointive
officers, a city chamberlain, a city clerk, a city attorney, a city
engineer, a janitor of the city hall, four commissioners of
charity, four commissioners of works, a superintendent of
works, four commissioners of free comnon schools, a har-
bormaster, four commissioners of water, a superintendent
of water, a chief of police, a captain of police and so many addi-
tional regular policemen as are hereinafter authorized by this
act, a police matron, a janitor of police station, members of
the board of health, three assessors, a chief engineer
of the fire department, a fire marshal, a keeper of the
city almshouse, two poundmasters, a sealer of weights
and measures, and so many commissioners of deeds as
the common council shall designate according to law; and
the following officers for each ward: elective officers: one alder-
man and one supervisor; and appointive officers: such election
officers as are prescribed by the general election law.

§ 3. Section five of said act is hereby amended to read as
follows:

§ 5. No person shall be eligible to hold, or be elected or
appointed to any office in and for the city of Oswego, except
the office of keeper of the city almshouse and police matron,
or in or for any ward or district of said city, unless he or she
shall be at the time an elector and a resident of the said city,
ward or district. No person shall be eligible to be elected to
or voted for or appointed to the office of mayor, recorder, com-
missioners of free common schools, commissioners of fire and
police, commissioners of charity, commissioners of works, com-
missioners of water, superintendent of water, members of the
board of health, members of the department of assessments,
members of the board of aldermen, or supervisors, unless at
the time of his nomination for or his appointment to such office,
he shall have been assessed upon the last preceding assess-
ment rolls of said city for real or personal property belonging
to him in his own name and right, in fee simple, to the amount
of at least two hundred and fifty dollars; or is the husband of
a woman who is the owner of real or personal property belong-

207.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 551

ing to her in her own name and right in fee simple to the

amount of at least two hundred and fifty dollars and for which

she was assessed upon the last preceding assessment rolls of

said city; and whenever any oflScer shall cease to be a resident SJj;"?".**'

of said city or ward op district for which he or she was elected

or appointed, the oflSce shall thereby become vacant.

§ 4. Section thirty-nine of said act is hereby amended by
adding thereto subdivision forty-five which shall read as fol-
lows:

45. Concerning the water supply of the city and the protec- ^J^®,^.
tion and safety of the water plant, machinery and appurte-
nances belonging thereto and pipes and hydrants and any and
all other appliances belonging thereto or connected therewith.

§ 5. Section sixty-three of said act is hereby amended to read
as follows:

§ 63. The mayor shall have the power to remove for cause JSJora"! bj
any one appointed to office by him, after an opportunity has ™*y®''
been given to said appointee to be heard. Cause for removal
is hereby defined to be, among other things, disobedience of
lawful orders or instructions, incapacity, incompetency, corrup-
tion in office, neglect of duty, intemperance, conviction of crime,
and anything prejudicial to the best interests of the city or
any or either board or department thereof. Provided, how-
ever, that upon conviction of the cause or causes charged, the
accused shall have the right to appeal to the supreme court of
the state of New York from such conviction or judgment of
conviction, both on the law and facts, or either, or may review
such conviction or judgment of conviction, by writ of certiorari
issued out of said supreme court, and whichever remedy of
appeal or review may be adopted by the said accused, the pro-
ceedings in either case, shall be governed to final completion
in all things by the rules and practice of said supreme court.

§ 6. Section one hundred and nineteen of said act is hereby
amended to read as follows: Depart

men to.

§ 119. There shall be the following departments:

1. Department of works.

2. Department of education.

8. Department of fire and police.
4. Department of charity.
6. Department of assessments.
6. Department of water.

552

LAWS OP NEW YORK.

[Chap.

Water
fund.

ment.

^S^Sd. § '^' Section one hundred and ninety-one of said act is hereby
repealed.

§ 8. Section two hundred and sixty of said act is hereby
amended by adding thereto after subdivision eight subdivisions
eight-a and eight-b, which shall read as follows:

8-a. Water fund. — Such sum as the department of water shall
certify to be necessary for its expenses, not exceeding twelve
thousand dollars; and such further sum as shall be necessary
to defray and pay any principal and interest due within the
year, upon any outstanding bonds that may be, or may have
been issued, for the purchase of any water plant, rights or
privileges connected therewith,

8-b. It shall be the duty of the common council during the
month of November in each year to certify to the board of
supervisors of the county of Oswego a sum, not less than fifteen
thousand dollars, to be assessed against the real and personal
property in the city of Oswego by the said board of supervisors,
in the county assessment rolls of that year, to be credited to
the water fund. It shall be the duty of the said board of
supervisors to assess and levy on said rolls the sum so certi-
fied, and in the warrants attached to said rolls to direct the city
chamberlain to retain in his hands as such city chamberlain
for the use of the city of Oswego as aforesaid, from the moneys
collected by him upon said rolls, the said sum so assessed
against the real and personal property in said city. Said sum
shall be so retained and applied by him on or before the first
day of February in each year. The sum so to be retained and
applied by the city chamberlain, shall not be subject to any
deductions by reason of the failure to collect the whole amount
levied and assessed upon said assessment rolls.

§ 9. Section two hundred and seventy-four of said act is
hereby amended to read as follows:

§ 274. On the first day of January in each year, in anticipa-
tion of the receipt of taxes from said countv assessment rolls,

In aiiildpa-

tioiiofroii*. the city chamberlain shall credit to each department as follows:
Department of works, four thousand dollars, of which two
thousand five hundred dollars shall be credited to the highway
fund, and one thousand five hundred dollars to the public light
fund; department of education, six thousand dollars; depart-
ment of fire and police, for fire protection fund, three thousand

Appllica-

tlOQ of

monejr.

Credits to
depart-
men to

1:07.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 553

dollars, and for police fand three thousand dollars; department

of charity, three thousand dollars; department of water, three

thousand dollars; and the balance of said sum named in said

warrant to the contingent fund of said city.

§ 10. Said act is hereby amended by adding thereto, after

section three hundred and eighty-one, the following title and

sections:

TITLE XVI.

Department of Watiob.

§ 382. There shall be four commissioners of water of said StufJi
city, and they shall constitute the department of water. The
following persons, namely: Elliot B. Mott, Frank P. Farrell, g^^^^,
Robert G. Post and Anthony Sallidin junior, shall be the first '^^^'
four commissioners of water. The terms of office of said four Temnoi

office.

commissioners shall commence as soon after the passage of this
act as they shall have taken and subscribed the oath of office
provided by section thirteen of said charter. They shall hold
their offices respectively as follows, namely: one until January
first, nineteen hundred and five; one untilJanuary first, nineteen
hundred and six; one until January first, nineteen hundred and
seven; and one until January first, nineteen hundred and eight,
and until their successors respectively are appointed and shall
have duly qualified.

§ 383. Within thirty days after the passage of this act said
department shall meet and organize by the selection of a presi- gjgjj;^
dent from among their number, who shall hold office until
January first, nineteen hundred and three, and until his suc-
cessor shall be selected. In January of each year commencing
with nineteen hundred and three, said department shall select
from their own number a president, who shall hold office for one Pr«»idei.t.
vear and until his successor shall be selected.

§ 384. Said first named commissioners shall immediately
after their organization determine by ballots marked "three,"
" four," " five," and " six," to be drawn by them, their respec-
tive terms of office. The term of office of commissioner draw-
ing the ballot marked " three," shall expire December thirty- ^^^^l^^^^t
first, nineteen hundred and four; the term of office of the com- ^^^
missioner drawing the ballot marked "four," shall expire De-
cember thirty-first, nineteen hundred and five ; the term of office

554

LAWS OF NEW YORK.

[Chap.

VikcanclM.

Room*.

Annual
meeting.

.Special
meetings.

of the commissioner drawing the ballot marked "five," shall
expire December thirty-first, nineteen hundred and six; and the
term of ofBce of the commissioner drawing the ballot marked
" six," shall expire December thirtv-first, nineteen hundred and
seven. The president shall enter the result of such determina-
tion upon the records of the department, and shall certify the
same to the city clerk.

§ 385. On the first day of January in each year, commencing
with nineteen hundred and five, one commissioner of water
shall be appointed by the mayor for the term of four years from
the first day of January of the year of his appointment. A
vacancy in the office of commissioner of water, shall be filled
by appointment by the mayor for the unexpired term. No
appointment whether for a full term or to fill a vacancy shall
be so made, whereby more than two commissioners shall belong
to the same political party.

§ 386. The common council shall provide proper and suffi-
cient rooms and accommodations for the department, and fail-
ing so to do, the said department may provide and procure
such rooms and accommodations, as in its judgment may be
necessary; the exi)ense thereof shall be a city charge and de-
frayed out of the contingent fund of the city.

§ 387. The annual meeting of said department shall be held
on the second secular day of January in each year. The de-
partment shall also meet for the transaction of business as
often as once a month, and may adjourn for any shorter time.
Special meetings shall be called as often as necessary by the
president, with the written concurrence of two members of the
department, or, in his absence or inability to act, with the like
concurrence of any three members of the department, by causing
a written or printed notice of such meeting, signed with the
names of the members calling the same, to be given personally
to each member of the department or left at his last place of
residence, at least twenty-four hours before the hour of such
special meeting. Such notice shall specify the object of such
special meeting, the action of which shall be limited to the ob-
ject so specified. In case of an actual emergency, a special
meeting may be called by the president of the department to
meet without delay. By common consent of all the commis-
sioners, a special meeting of the department may be had at

207.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 555

any time and for any purpose. A majority of the commis-
sioners shall constitute a quorum, but in case a quorum shall Qaonwu
not be present two commissioners may adjourn any meeting.

§ 388. Said department shall employ a superintendent at a gJJ^^'^j
salary to be fixed by the department, not exceeding eighteen ^SSC'
hundred dollars per year, who shall act as the secretary of the
department without extra compensation, and one clerk at a
salary to be fixed by the department, not exceeding eight hun-
dred dollars per year, each of whom shall hold office during the .
pleasure of the department. The clerk shall perform such
duties as may be required of him by said department. Said
superintendent and clerk shall be residents of the city of
Oswego.

§ 389. The superintendent shall, under the general direction ^ISJJrti?'
of the department, have the general management and superin- **'"*'«°'*
tendence of the property under the care and control of the de-
partment, and the entire work carried on by the department,
and perform such other duties as it may prescribe.

§ 390. The department shall keep regular and full books of S^i/Si^
account of all its transactions and proceedings, and an accurate
record of each fund subject to its warrants, showing at all
times the amount of warrants drawn against each fund sepa-
rately and the balance thereof unexpended; it shall, before the
water rates hereinafter provided for shall become due, prepare
and deliver to the city chamberlain a list, giving the names of
persons and corporations receiving water, with the amounts due
from them, together with a brief description of the property
against which the water is a charge, giving street and street
number when possible, and such other description as the de-
partitient may deem necessary, and at the same time prepare
and furnish to the persons liable to pay the same, water bills
to correspond with such lists, which bills or duplicates thereof
furnished by said department, shall be presented to the cham-
berlain to be receipted by him when said bills are paid. The
chamberlain shall on the twentieth day after such bills shall
become due, deliver to the department a list of all water rates
then unpaid.

§ 391. All water rates shall be paid directly to the city cham- SSfto
berlain by the persons owing the same. All other income from ^**^" "*•'**•
the property under the control of the department and all other

556 LAWS OF NEW YORK. [Chap.

moneys due the city under contracts with the department, shall
be paid to the department.

moie*?^' § 392. On the first secular day of each month the department
shall deliver to the city chamberlain all of the moneys it shall
have received during the then preceding month, together with
a report in detail showing when, from whom, and for what
such moneys shall have been received.

§ 393. Said department shall have the following powers and
be subject to the following restrictions and duties, namely:

Powers of 1. It shall havc the exclusive custody, management, and con-

iiieuk trol of all of the property purchased or to be purchased by
the city of Oswego from the Oswego water works company,
including the lands, tenements, water rights and powers and
privileges, reservoirs, mains, pipes, and all other property real
and personal and also of all other property real and personal,
that may hereafter be acquired by the city of Oswego for the
purpose of the supply of water. It shall, however, continue to
be the duty of the department of fire and police to remove
the snow and ice from and around the fire hydrants.

purchaaeof 2. It shall have the right and it shall be its duty, to purchase

lands, eto. ° ^ » r-

and acquire in the name of the city of Oswego and in the man-
ner hereinafter provided, all lands, tenements, hereditaments,
rights, and privileges, whatever, situate at any place in the
county of Oswego, which may be necessary for the purpose of
a supply of water.
Procure 3. It shall havo the power and it shall be its duty, to pro

la»)or and *^ >/ j mt

Kmte^iaii. c^^® ^^^ provide all labor and purchase all materials that may

be necessary for the proper maintenance and extension of all
the property purchased from said company, or otherwise ac-
quired.

waSl?' ^' ^t shall be its duty so far as practicable, to furnish for

the city of Oswego and the inhabitants thereof and others, at
all times a sufficient supply of good and wholesome water.

vix mm, 5. It shall fix the rates to be paid for water, and such rates
shall be payable as often as semi-annually (and as much oftener
as the department may provide), and shall be payable in ad-
vance except as hereinafter provided.

Mfterod g^ Rates for water that may be metered, shall be paid for as

payable. ^f^Qj^ as monthly or as much oftener as the department shall
require, except as hereinafter provided.

207.] ONE HUNDRED AND TWENTY FIFTH SESSION. 557

7. Water furnished to the United States, the state of New JJ^Jhed
York, the county of Oswego, and such railroad companies as thfe Jirtili*"'
department shall consider solvent, shall be payable at such pajabie.
times as the department shall provide.

8. It shall shut off the water of any service whose water watw.tiiut

•^ off, for

rates shall remain unpaid for twenty days, excepting water ?aull^
furnished to the United States, the state of New York, the
county of Oswego and such railroad companies as the depart-
ment shall consider solvent. A reasonable uniform fee, to be
fixed by the department, shall be charged and collected, for
turning on water after the same has been so shut off.

9. The department may adopt such uniform rebates as to ^^^^
takers of water and the use thereof for an unexpired term

as in its judgment may be for the best interests of the city
of Oswego and the department, and draw warrants for such
rebates, and such warrants therefor shall be paid by the city
chamberlain.

10. The department by its officers, agents or employees, is in»peouon
hereby authorized to enter, between the hours- of eight o'clock

in the morning and five o'clock in the afternoon, any premises
or building, public or private, for the purpose of making an
inspection of the water supply, or for the purpose of ascertain-
ing the manner in which it is used, and in case the owner or
occupant of the same shall refuse to permit such entry or in-
spection the department may shut off the water therefrom.

11. It shall among other records keep a register of the names R«»rt«.
of all persons and corporations furnished with water, together
with the rates charged therefor, and such register shall be

so kept that it shall be easily understood by, and be easily
accessible during office hours to the public.

12. It shall from time to time recommend to the common S**^T:. .

mennuilonf

council such ordinances for enactment as it may deem neces- J^inciT'^"
sary for the protection of the WMter and the sources thereof
from pollution, and for the preservation and protection and
management of the works and property, and the use and con-
trol of the water supplied, and which after publication for two
weeks twice in each week in the official city papers, shall have
the same force and effect and may be enforced in the same
manner as an ordinance enacted by the common council of said
city.

558

LAWS OF NEW YORK.

[Chai».

Blll<

city
engineer.

Terms of
coutract*

Water
raaln>, tap-
ping of,
prohibited.

Penaltj.

Extensloii
uf tap
prohibited.

Penaltj;

Claims,
how paid.

13. It shall also have the power to make such rules as it
maj deem proper, to regulate the introduction of water and the
size and kind and material of all water services, and for the
use and control of the water supplied.

§ 394. The said department may require the services of the
city engineer in all matters pertaining to said department re-
quiring the services of a civil engineer and surveyor, and it
shall be the duty of the city engineer to perform such services
when so required.

§ 395. It shall not be lawful for the department of water to
make, execute or enter into any contract, express or implied,
agreement or lease, with any party or parties for any purpose,
where the terms of such contract, agreement or lease, may
or shall extend beyond the period of five years from and after
the making or execution of such contract, agreement or lease.

§ 396. No person, except under the direction of the depart-
ment, shall tap a water main or pipe belonging to said city,
and no person without a written permit from the department,
shall make any connection with, addition, alteration or exten-
sion to or of any water main or pipe belonging to the city
or connected with the city water mains or pipes. A violation
of this section is hereby declared to be a misdemeanor.

§ 397. No person shall make any addition, alteration or ex-
tension of any tap, pipe, cock, or other fixture connected with
the water mains or pipes supplying water to consumers from
said department of water, except by a person who shall have
obtained a certificate of competency from the examining board
of plumbers in the city of Oswego, and who shall have executed
a bond to the city of Oswego in the penal sum of one thousand
dollars, with such conditions as shall be prescribed by the de-
partment. A violation of this section is hereby declared to be a
misdemeanor.

§ 398. The department of water shall pay all claims and
demands duly audited by it, only by warrants on the city cham-
berlain against funds in his hands subject to the drafts of such
department, signed by its president and countersigned by its

secretary. In case of absence, death or inability of the secre-
tary to countersign said warrants, then said warrants shall be
countersigned by at least one of the members of said depart-

207.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 55J)

ment. Every warrant so drawn sfaall be made payable to the
order of the person entitled to receive the money thereon.
8 399. The city chamberlain shall, during the period from the Slmber.

/ « * lain, Bhali

time of the passage of this act until the first day of August, p*y
nineteen hundred and three, pay from the water rates that may «««•
come to his hands, all such warrants of the department as may
be drawn upon him, not exceeding in all the sum of fourteen
thousand dollars. On or before the first day of May in each
year, commencing with the year nineteen hundred and three,
the department shall make and certify to the common council
an estimate of the necessary amount, not more than twelve E«umate oi
thousand dollars, to be raised for the current year to be dis- STraSli^
bursed for the benefit of the city under the supervision of such
department for all purposes, excepting such extensions of or
additions to the mains as require the approval of the common
council. . The common council shall in each year, commencing
with the year nineteen hundred and three, direct and cause to
be placed to the credit of the department the amount so certi-
fied, and until such amount is so raised and placed to the credit
of the department, the city chamberlain shall in each fiscal year
pay from the water rates in his hands or from the contingent
fund, all warrants drawn upon him by the department under
the provisions of this act, not exceeding in all the sum of four
thousand dollars.

§ 400. Whenever the department shall deem it for the interest fndSi-'**"
of the city so to do, it may extend op enlarge the water mains ofTaTJ*"*
in any part of the city, provided the aggregate length of such
extension made within any three months shall not exceed six
hundred feet, and it may further extend or enlarge such mains
in any part of the city, provided it shall first certify to the com-
mon council its determination so to do, together with a descrip-
tion of the extension or enlargement, and the estimated cost
thereof, and provided the common council shall approve of such
extension or enlargement, but the total amount to be so
expended upon such approval of the common council in any
one year, shall not exceed the sum of five thousand dollars.
In case of such certification and approval, the common council
shall cause the estimated cost of such extension or enlargement
to be included in the next general city tax levy of taxes, and
lo place the amount thereof to the credit of the department.

560

LAWS OF NEW YORK.

rcHAP.

Riffht to ase
huhwaya.

Authority
to acquire
real prop-
erty.

Amount of
purobaso
money to be
made a part
of tax lory.

Mayor an-
thorlzed to
borrow
monoy.

Authority
to make
lurreya.

§ 401. The said department of water in behalf of the city of
Oswego and all persons acting under its authority, shall have
the right to use the ground or soil of any street, highway or
road within the county of Oswego, for the purpose of laying
mains and making extensions and erecting and maintaining
poles, and maintaining and introducing water into and through
any portion of the city of Oswego or adjoining towns, on con-
dition that they shall cause the surface of said street, highway
or road to be relaid and restored to its usual state, and all
damage done thereto to be repaired to the satisfaction of the
superintendent of works of said city or the commissioner of
highways of the town.

§ 402. The department may acquire in the name of the city
of Oswego, the title to any and all real property that, at the
time of the passage of this act, the Oswego water works com-
pany may have the right to purchase under any written agree-
ment then held by such company which may be sold and
assigned by said company to the city of Oswego, providing the
cost thereof shall not exceed the sum of two thousand five hun-
dred dollars. And in case the department shall determine to
so acquire any such real property, it shall certify the fact to
the common council, and the amount of such purchase money
shall be added to the amount which the common council is
required and authorized to raise by other provisions of the char-
ter, and shall be added to and made a part of the then next
levy of general taxes, and the mayor shall be authorized and is
hereby required to borrow upon his note as such mayor, such
sum until such tax shall be collected, and the amount cro bor-
rowed shall at once be placed to the credit of the department.

§ 403. The said department of water is hereby authorized to
enter in and upon any land or water for the purpose of making
surveys, and, subject to the restrictions contained in this act
and the act hereby amended, to agree with the owner of the
property, real or personal, which may be required for the pur-
poses of this act, as to the amount of compensation to be paid
to such owner. In case of disagreement between the depart-
ment of water and the owner of any property which may be
required for said purx)oses, or affected by the operations con-
nected therewith, as to the amount of compensation to be paid
to such owner, or in case any such owner shall be an infant, or

207.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 561

insane, or absent from the state, or unknown, or the owner of

a contingent or uncertain interest, then proceedings shall be SS^prT*^

conducted upon the recommendation of the department of water

approved by resolution of the common council for the taking

of any property which may be required by the said department,

and the city attorney of the city of Oswego shall institute and

conduct such proceedings in the name of the city of Oswego

in the manner prescribed by title one of chapter twenty-three

of the code of civil procedure.

§ 404. The department is expressly prohibited from pur- Hatertait

and gup-
chasing or contracting for, or paying for any materials or gj{5^iP^°^,

supplies except as herein specifically set forth. Whenever any j^*^*"*
materials or supplies, the cost of which shall amount to or ex-
ceed the sum of three hundred dollars, are required for the use
or benefit of the department, a detailed statement of such re-
quirements shall first be presented to the department at a
regular meeting thereof, signed by the superintendent or by
the committee or member of the department having knowledge
of such requirement or requirements. If, in the opinion of the
department as evidenced by its vote at such meeting, the said
materials or supplies are necessary and proper, then a copy of
the said detailed statement of materials or supplies, shall
thereupon be made and given by the secretary of the depart-
ment to at least three responsible persons, companies, or cor-
porations qualified to bid upon the same, and to as many more
responsible and qualified persons as shall request a^ copy
thereof, requesting written bids upon such materials or sup-
plies, and a brief notice requesting bids upon the same, to be
set forth more fully in specifications to be had upon application
to the secretary of the department, shall be published by the publication
secretary for at least five consecutive days in each of the two titl^
ofQcial city papers of the city. The same rule shall apply to
all purchases of materials or supplies the cost of which shall
be under three hundred dollars, when in the judgment of the
department it shall be practicable. The lowest responsible bid Lowest bw
or bids for any such materials or supplies, shall be accepted by Sccepi4SL
the department at a regular or special meeting, and a contract
or contracts thereunder be executed, or written orders there-
for be given by direction of said department; provided, how-
ever, that the department may reject any or all bids.

562

LAWS OF NEW YORK.

[Chap-

Blds Shall
he accom-

Action

iiiHiutaln

tible.

Annual
report.

§ 405. Whenever the department shall invite bids for any
KSSd!****^* materials, labor or supplies required by it, it may specify and
require that all bids therefor shall be accompanied by a bond
to the city of Oswego, with surety approved by the department,
conditioned that in case such bid be accepted and contract
thereon awarded, such contract shall be faithfully performed
by the party or parties making such bid.

§ 406. Said department may commence and maintain an
action, in the name of the city of Oswego, in any court of record,
fop the recovery of the penalty for the breach of any condition
of any bond.

§ 407. The department in addition to and as a part of the
annual report required by section one hundred and twenty-three
of the act hereby amended, shall give an account of all its
receipts of every name and nature in detail, and also a state-
ment of the amounts received by the chamberlain for the year
for water rates, and also showing the water rates due and un-
paid, a list of its expenses in numerical order stating the
inventorj. amouut and to whom paid, and an inventory of all the property
in its care, whether real or personal, and of every name and
nature, which report shall be verified by the superintendent
or in case of his absence or disability, by such other officer
having knowledge of the matters and facts set forth in said
report.

§ 408. The employees of the Oswego water works company
at the time this act takes effect, shall be and remain the
employees of the department of water to serve during the
pleasure of the department.

§ 11. This act shall take effect immediately.

Employees.

Chap. 208.

AN ACT to amend the religious corporations law in respect to

the sale or mortgage of real property.

Became a law, March 22, 1902, with the approval of the Governor. Paased,

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Asaemhlyf do enact as follows:

Section 1. Section eleven of article one of chapter seven hun-
dred and twonty-three of the laws of eighteen hundred and

208.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 563

ninety-five, entitled "An act in relation to religions corpora-
tiona " constituting chapter forty-two of the general laws, and
known as the religions corporations law, as amended by chapter
three hundred and thirty-six of the laws of eighteen hundred
and ninety-six, and by chapter five hundred and twentj'-one of
the laws of nineteen hundred, and by chapter two hundred and
twenty-two of the laws of nineteen hundred and one, is hereby
amended so as to read as follows:

§ 11. Sale, mortgage and lease of real property of religions
corporations. — A religious corporation shall not sell, or mort-
gage any of its real property without applying for and obtain-
ing leave of the court therefor pursuant to the provisions of the
code of civil procedure. The trustees of an incorporated Prot-
estant Episcopal church shall not vote upon any resolution or
proposition for the sale, mortgage or lease of its real property
unless the rector of such church, if it then has a rector, shall be
present, and shall not make application to the court for leave to
sell or mortgage any of its real property without the consent of
the bishop and standing committee of the diocese to which such
church belongs; but in case the see be vacant, or the
bishop be absent or unable to act, the consent of the
standing committee with their certificate of the vacancy
of the see or of the absence or disability of the bishop
shall suffice. The trustees of an incorporated Roman Catholio
church shall not make application to the court for leave to mort-
gage, lease or sell any of its real property without the consent
of the archbishop or bishop of the diocese to which such church
belongs or in case of their absence or inability to act, without
the consent of the vic^ar-general or administrator of such
diocese. The petition of the trustees of an incorporated Prot-
estant Episcopal church or Roman Catholic church shall, in addi-
tion to the matters required by the code of civil procedure to be
set forth therein, set forth that this section has also been com-
plied with. But lots, plats or burial permits in a cemetery
owned by a religious corporation may be sold without applying
for or obtaining leave of the cotyt. No cemetery lands of a
religious corporation shall be mortgaged while used for ceme-
tery purposes.

§ 2. This act shall take effect immediately.

564 LAWS OF NEW YOBK. [Chap.

Chap. 209.

AN ACT to amend the railroad law, in relation to extensions

of time to construct road.

Became a law, March 25, 1902, with the approval of the Governor. Passed,

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 ninety-nine of chapter five hundred and
sixty-five of the laws of eighteen hundred and ninety, entitled
**An act in relation to railroads, constituting chapter thirty-nine
of the general laws," as amended by chapter six hundred and
seventy-six of the laws of eighteen hundred and ninety-two, and
chapter four hundred and thirty-four of the laws of eighteen
hundred and ninety-three, is hereby amended to read as follows:

§ 99. Within what time road to be built. — In case any such
corporation shall not commence the construction of its road,
OP of any extension or branch thereof, within one year after
the consent of the local authorities and property owners or the
determination of the appellate division of the supreme court as
herein required, shall have been given or renewed, and shall
not complete the same within three years after such consents,
or determination shall have been obtained, its rights, privileges
and franchises in respect of such railroad or extension or
branch, as the case may be, may be forfeited. If the perform-
ance of any act required by the railroad law or any prior acts
within the times therein prescribed, is hindered, delayed or
prevented by legal proceedings in any court, such court may also
extend such time for such period as the court shall deem proper
or if the performance of any act required by said article within
the times therein prescribed is hindered, delayed or prevented
by works of public improvement, or from any other or different
cause, not within the control of the corporation upon which such
requirement is imposed, the time for the performance of such
act is hereby and shall be deemed to be extended for the period
covered by such hindrance, delay or prevention. The time for
compliance with any requirement in this or any former act, by
a street surface railroad corporation incorporated for the pur-
pose of constructing a street surface railroad and which has

210.] ONE HUNDRED AND TWENTYFIFTH SESSION. 565

prior to the passage of this act obtained or shall prior to June
thirtieth, nineteen hundred and three obtain such consents op
determination is hereby extended until June thirtieth, nineteen
hundred and four.
§ 2. This act shall take effect immediately.

Chap. 210.

AN ACT to amend section one hundred and sixty-six of article
nine, of chapter two hundred and fifteen, of the laws of nine-
teen hundred and one, entitled "An act to amend the publio
health law in relation to the practice of dentistry.*'

Became a law, March 25, 1902, with the approval of the Governor. Passed^

a majority being present.

The People of tlw State of New York, represented in Senate and
Assembhjy do enact as follows:

Section 1. Paragraph four of section one hundred and sixty-
six, article nine of chapter six hundred and sixty-one of the
laws of eighteen hundred and ninety-three, entitled "An act
in relation to the public health, constituting chapter twenty-
five of the general laws,'' as amended by chapter six hundred
and twenty-six of the laws of eighteen hundred and ninety-five,
chapter two hundred and ninety-seven of the laws of eighteen
hundred and ninety-six, chapter three hundred and fifty-five of
the laws of eighteen hundred and ninety-eight and chapter two
hundred and fifteen of the laws of nineteen hundred and one,
is hereby amended to read as follows:

4. Subsequently to receiving such preliminary education Ezamin^

tloiu.

either has been graduated in course with a dental degree from
a registered dental school, or else, having been graduated in
course from a registered medical school with a degree of doctor
of medicine, has pursued thereafter a course of special study
of dentistry for at least two years in a registered dental school
and received therefrom its degree of doctor of dental surgery, or
else holds a diploma or license conferring full right to practice
dentistry in some foreign country and granted by some regis-
tered authority. Provided that any person who then being a bona
fide student of dentistry in this state under private preceptor-

566 LAWS OF NEW YORK. [Chap.

ship was entitled to file on or before the thirty-first day of July
eighteen hundred and ninety-five with the secretary of the state
dental society a certificate of study under private preceptor-
ship may at any time prior to the first day of January nineteen
hundred and four upon sworn proof of such fact file such a
certificate with the regents and thereupon be admitted to ex-
amination before the board. Any member of the board may
inquire of any applicant for examination concerning his qualifi-
cations and may take testimony of any one in regard thereto,
under oath, which he is hereby empowered to administer.
§ 2. This act shall take effect immediately.

Ctiap. 211.

AN ACT to amend chapter one hundred and forty-three of the
laws of eighteen hundred and ninety-two, entitled "An act to
incorporate the city of Niagara Falls," relating to city elec-
tions and the terms of city oflScers.

Passed without the acceptance of the city.

Became a law, March 26, 1902. with the approval of the Governor. Passed,

three-fifths being present.

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

Charter Scctiou 1. Sectious six and ten of chapter one hundred and

amended.

forty-three of the laws of eighteen hundred and ninety-two, en-
titled "An act to incorporate the city of Niagara Falls," as
amended by chapter forty-seven of the laws of nineteen hundred
and one, is hereby amended to r^ad as follows:

§ 6. The municipal year in said city shall begin on the first
day of January. The fiscal year in said city shall begin on the
first day of December.
Annual § 10. The anuual election of city officers under this act shall

election.

be held in said city in the year nineteen hundred and two and
in each year thereafter, on the first Tuesday after the
first Monday in November; and the common council shall
annually provide polling places, ballot boxes and other
necessary apparatus and material in each election distnct
in said city; and the manner of conducting such election
shall, except as hereinafter provided in section one hundred and

211.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 567

eighty of this act, in all respects conform to and be governed
by the general laws of this state in respect to elections not in-
consistent with the provisions hereof. The common council
shall cause public notice thereof to be given, specifying the time
when and the polling place in each election district where said
election shall be held, and the city, ward and district officers to
be chosen thereat, by publication once in each week for three
successive weeks next preceding each election. One of such
papers, in which said notice shall be published, shall be the
official paper of said citv designated as hereinafter provided.

§ 2. Sections eleven and thirteen of such act are hereby
amended to read as follows:

§ 11. At the close of the polls at any such election the in- o^nrmu.
specters of election in each district shall forthwith canvass the
votes for the candidates for the several city officers in each elec-
tion district in such city, in the same manner as th»:; votes cast
for other candidates at such election are canvasseo. They shall
•make a -separate statement of the whole number of votes cast
for each candidate for a city office and shall file the same in the stutcment.

•^ whore flivU

office of the clerk of the city immediately after the canvase is
completed in each district or before nine o'clock in the forenoon
on the day following election day.
8 13. The common council shall convene on the first Monday commoii

council ro

after a city election, at seven o'clock in the afternoon, at its usual reoanvaM

^ ' ' voitts. and

place of meeting for the purpose of recanvassing the votes cast Jinrof'**
at such election in the election districts in euch city, for the sev- Siec/ion.
eral candidates for city offices. The statements of votes filed
in the office of the city clerk by the inspectors of election of
the election districts in such city shall be produced before such
common council by the city clerk. Such common council shall
forthwith recanvass the votes cast at such election and shall
determine, from such statements, the persons who have been
elected by the greatest number of votes to each city office voted
for at such election, and shall execute in duplicate a certificate
declaring such determination, one of which shall be filed in the
office of the city clerk and the other in the office of the county
clerk of Niagara county.

§ 3. Sections fifteen and seventeen of such act as amended
by chapter forty-seven of the laws of nineteen hundred and one,
are hereby amended to read as follows:

568

LAWS OP NEW YORK.

[Chap.

Commence"
raent of
Urnif.

Organln-
tlon of

COIDIDOB

Explrmtloa
of

§ 15. All city officers elected as in this act provided on the
first Tuesday of April, in the year nineteen hundred and two
shall qualify and enter upon the duties of their respective
offices on or before the third Tuesday of April next following
their election and enter upon the duties of their respective
offices on said date, except justices of the peace whose term of
office shall begin as hereinafter provided. All city officers
elected as in this act provided on the first Tuesday after the
first Monday in November of the year nineteen hundred and
two, and on the same day in each year thereafter shall qualify
on or before the first day of January next following their elec-
tion, and shall enter upon the duties of their respective offices
on said date. All city officers appointed as in this act pro-
vided, shall enter upon the duties of their respective offices on
the day next following their appointment. The common coun-
cil for the year nineteen hundred and two shall meet and
organize on the third Tuesday in April at eight o'clock in the
afternoon at the place of meeting of such council for the pre*
ceding year. The common council for the year nineteen hun-
dred and three and for each year thereafter shall meet and
organize on the first Tuesday of January at eight o'clock in the
afternoon at the place of meeting of such council for the pre-
ceding year.

§ 17. The terms of the present aldermen in the fifth and
sixth wards of said city, and the president of the com-
mon council and the two aldermen at large who were elected
at the annual election held in the said city in April, nineteen
hundred and one, shall expire on the thirty-first day of Decem-
ber, nineteen hundred and two. The mayor, and the alder-
men from each of the first, second, third and fourth wards,
elected in said city at the annual election to be held in the
month of April, nineteen hundred and two, shall hold office
until and including the thirty-first day of December, nineteen
hundred and four, and the two aldermen at large elected at
the election held in the month of April, nineteen hundred and
two, shall hold office to and including the thirty-first day of
December, nineteen hundred and three. At the annual election
to be held in the month of November, nineteen hundred and
two, as provided for in this act, there shall be elected an alder-
man from the fifth and sixth wards of said city whose terms

211.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 569

of oflSce shall expire on the thirty-first day of December, nine-
teen hundred and four, and a president of the common council of SuSSn
of said city and two aldermen at large, whose terms of office
shall expire on the thirty-first day of December, nineteen hun-
dred and three. At the annual election held in said city in
the month of November, nineteen hundred and three, as pro-
vided for in this act, and in each second year thereafter, there AWermen.
shall be elected a president of the common council and four
aldermen at large whose terms of office shall be two years from
and including the first day of January succeeding their re-
spective elections. At the annual election to be held in said
city under the provisions of this act in the month of November,
nineteen hundred and four, and in each second year thereafter,
there shall be elected a mayor of said city, and an alderman
from each of the wards of said city, whose terms of office shall Mayor.
be two years from and including 'the first day of January suc-
ceeding their election. The term of office of the assessor of
said city whose term would expire in the month of Asswaorv
April, nineteen hundred and four, except for the pro- abridged
visions of this act, shall expire on the thirty-first day
of December, nineteen hundred and three, and his suc-
cessor shall be elected at the annual election held in
said city pursuant to this act in the month of November,
nineteen hundred and three, for a term of three years from
and including the first day of January, nineteen hundred and
four; the term of office of the assessor elected in said city,
whose term would expire in the month of April, nineteen hun-
dred and three, except for the provisions of this act, shall ex-
pire on the thirty-first day of December, nineteen hundred and
two, and his successor shall be elected at the annual election
held in said city pursuant to this act in the month of Novem-
ber, nineteen hundred and two, for a term of three years, from
and including the first day of January, nineteen hundred and
three; and the term of office of the assessor elected at the an-
nual election to be held in said city in the month of April,
nineteen hundred and two, shall expire on the thirty-first day
of December, nineteen hundred and four, and his successor shall
be elected at the annual election to be held in said city under
the provisions of this act in the month of November, nineteen
hundred and four, for a term of three years from and includ-

570

LAWS OF NEW YORK.

[Chai*.

Police
jukUce.

City
treasurer.

ing the first day of January, nineteen hundred and five, and
annually thereafter one assessor shall be elected for a term
of three years. The term of office of the present police justice
of said city shall expire on the thirty-first day of December,
nineteen hundred and three, and his successor shall be elected
at the annual election to be held in said city pursuant to the
provisions of this act in the month of November, nineteen hun-
dred and three, for a term of three years, from and including
the first day of January, nineteen hundred and four, and every
third year thereafter, a police justice shall be elected for a
term of three years. The term of office of the city treasurer
of said city to be elected at the annual election of said city
held in the month of April, nineteen hundred and two, shall
expire on the thirty-first day of December, nineteen hundred
and three, and his successor shall be elected at the annual elec-
tion to be held in said city in the month of November, nineteen
hundred and three, as provided for in this act, for a term of
two years, from and including the first day of January, nine-
teen hundred and four, and every second year thereafter, a
city treasurer shall be elected for a term of two years. The
terra of office of the overseer of the poor to be elected in said
city at the annual election to be held in the month of April,
nineteen hundred and two, shall expire on the thirty-first day
of December, nineteen hundred and two, and his successor shall
be elected at the annual election to be held in the month of
November, nineteen hundred and two, as provided for in this
act, for a term of one year, and annually thereafter, an over-
seer of the poor shall be elected for a term of one year. The
ck>iutebies. terms of office of the four constables to be elected in said city at
the annual election to be held in the month of April, nineteen
hundred and two, shall expire on the thirty-first day of Decem-
ber, nineteen hundred and two, and their successors shall be
elected at the annual election to be held in said city in the
month of November, nineteen hundred and two, as provided
for in this act, for terms of one year, and annually thereafter
four constables shall be elected for terms of one year. The
supervisors elected in said city at the annual election to be
held in the month of April, nineteen hundred and two, shall
hold office to and including the thirty-first day of December,
nineteen hundred and two, and their successors shall be elected

Overseer of
the poor.

Soperrto*
on.

211.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 571

at the annual election to be held in said city in the month of
November, nineteen hundred and two, as provided for in this
act, for a term of two years, and every second year thereafter
a supervisor shall be elected from each ward of said city for a
term of two years.

§ 4. Section twenty-four of such act is hereby amended to
read as follows:

§ 24. A vacancy in the office of mayor shall be filled by the JJ^Sf^;,
common council, and in any other elective oflftce, by the mayor
until the first day of January following the next annual election,
at which election the unexpired residue, if any, of the term of
such office shall be filled by some person to be elected thereto,
according to the provisions of this act.

§ 5, Section thirty of such act, as amended by chapter forty-
seven of the laws of nineteen hundred and one, is hereby
amended to read as follows:

§ 30. The president of the common council and aldermen of coimcii°
the several wards and aldermen-at-large of the said city shall
constitute the common council thereof. The common council
shall meet ou the first Tuesday in January after the election in
each year at the regular place of meeting of the common council
for the previous year, and thereafter shall meet at such places
and times as it may from time to time designate.

§ 6. Section fifty-four of such act is hereby amended to read
as follows:

§ 54. At the first regular meeting of the common council sub- SJ^pmSI'db
sequent to the first day of January after each annual election, KS?,****"
or at some subsequent meeting, and as soon thereafter as may
be, it shall direct the clerk to advertise for proposals in such
manner as the council shall direct, not less than three days, for
printing the proceedings of the common council and furnishing
printed copies of the same, and publishing all ordinances, no-
tices and other matters required by law, or by the council for
the period of one year in a daily newspaper published in said
city, with a bona fide paid circulation of not less than seven
hundred copies per day, or if there be no such daily newspaper
published in said city, then in a weekly newspaper published in
said city with a bona fide paid circulation of not less than seven
hundred copies per week. Every bid shall be in writing and SSJuted!
accompanied by a written guaranty, signed by a responsible

572

LAWS OF NEW YORK.

[Chai\

Acoeptano*

HDd colli"

tract*

paper.

inRB, etc.
pubtUhed
hypoatlnVi

ProTlsloiu

when

(ifnclal

pHpers

reAiie to

publish.

person or persons to the effect that the bidder will enter into
such contract if awarded to him, them or it. Such bids and
guaranty shall be inclosed in a sealed envelope, and be delivered
to the clerk at or before the time designated in the advertise-
ment for opening such proposals. All such bids shall be opened
in the presence of the common council. The common council
shall have the right to accept the lowest bid to do such print-
ing, publishing and work, and furnishing such materials, or to
reject all such bids. The person or persons or corporation
whose bid shall be accepted shall enter into a written contract
in accordance therewith, and shall furnish such security for the
faithful performance thereof as shall be satisfactory to the
common council. In case the common council reject all bids
they may advertise for further proposals, and continue to do
so until some bid is accepted. Upon the acceptance of any bid
and the execution of a contract in accordance therewith, as
above provided, the said newspaper in which it is agreed to
publish such proceedings, ordinances and notices, and other
matters required by law, shall thereupon become and be the
official paper of said city for the period of one year, and to con-
tinue thereafter as such until another be designated as afore-
said. When a newspaper shall be so designated, the publica-
tion of all such matters as shall have been commenced in the
paper that shall be superseded by such designation shall con-
tinue to be published in the paper so superseded until completed,
notwithstanding such change, with the same force and effect
as if no change had been made. In case no newspaper shall be
so designated, or for any other cause there shall at any time
be no official paper of said city, all proceedings, ordinances,
notices or other matters required by law to be published in the
official paper of said city, shall be published by posting up in
a conspicuous place in each ward of said city a written or
printed copy thereof, for the same number of days that they
are required to be published in the official paper, and such pub-
lication shall have the same force and effect, and be in all re-
spects as valid as if they had been duly published in the official
paper. In case any paper designated as the official paper shall,
during the term for which it has been designated as the official
paper cease to publish the common council shall have the
powor to 'lopi'tnate another paper as the official paper, in accord*
ance with the foregoing provisions.

21L] ONE HUNDRED AND TWENTY-FIFTH SESSION. 573

§ 7. Section ilfty-flve of such act as amended by chapter forty-
Beven of the laws of nineteen hundred and one is hereby
amended to read as follows:

§ 66. It shall be the duty of the mayor to take care tnat within J^J^i'^Sd
ssaid city the laws of the state and the ordinances and by-laws **"*'**•
passed by the common council and the board of health be faith-
fully executed, and to arrest or cause the arrest and prosecu-
tion of all persons liable to arrest for violating the same or
any thereof. In addition to the general powers conferred by
law upon mayors of cities, he shall have authority, with force,
if necessary, to suppress all tumults, riots and unlawful assem-
blages, revelings, quarreling or other disorderly conduct, to the
disturbance or annoyance of the peaceable inhabitants of the
said city, and shall have power to call out and command the
police and firemen, whenever in his discretion he shall deem
it necessary, and such command shall be in all respects obeyed;
he shall have power to administer oaths and take affidavits
and acknowledgments in the said city, and receive therefor the
same compensation that is allowed to justices of the peace for
the same service. It shall be his duty to communicate to the
common council, on or before the second Tuesday in May in 4mm«o
the year nineteen hundred and two, and on or before
February first in each year thereafter, a general statement of
the affairs of the city in relation to its finances, government
and improvements, with recommendations such as he may
deem proper, and from time to time thereafter to recommend
to the common council, and to any of the city boards, such
measures as he shall deem necessary or advantageous for it
to adopt; and to expedite and cause to be carried out all such
as shall be adopted by any thereof; to exercise a constant super- diiSi.nd
vision over the conduct of all subordinate officers, and to ex-
amine into all complaints against them for misconduct or
neglect of duty, and to report the facts to the common council.
He shall have power at all times to examine the books, vouchers
and papers of any officer or employee of said city, and to summon
and examine under oath any person connected therewith. He
shall be th«* chief executive officer of the city, aiul shall sign all
appointments made by it, countersign all orders or warrants
ordered by the common council to be drawn on the city treas-

574 LAWS OF NEW YORK. [Chap.

urep when the fund on which they are drawn is not exhausted.
2m&°iIIS He shall have power to suspend any license granted by the
common council, but such suspension shall only operate until
the next meeting of the common council, and he shall report
to the common council at such meeting such suspension with
the reasons therefor. He shall have power to suspend any ap-
Sf offlSM.** pointed oflBcer until the next regular meeting of the common
council, to which he shall report in writing such suspension,
giving his reasons therefor, with recommendations. The com-
mon council may suspend such officer pending the final deter-
mination of the matter. When authorized by the common
council so to do he shall execute, in behalf of the city, all deeds,
contracts and other papers to be executed as the act of the city,
membeiof Hc shall be ex officio member of the board of health and board
of public works, and shall be president of each of said boards.
§ 8. Section seventy-two of such act as amended by chapter
one hundred and eighty of the laws of eighteen hundred and
ninety-eight is hereby amended to read as follows:
Notice to S 72. Whenever the said assessors shall assess any person
IiT-e!^"*" who has not been previously assessed for personal property
"'*"**' OP increase any person's assessment for personal property who
has been previously assessed, it shall be their duty to notify
the person or persons so assessed, in writing, personally or
by mail, which notice shall give the amount of such assessment,
and shall be served on or before the day when the proposed
assessment rolls are completed, and notice thereof published
Gnmpeiuap accordlug to law. Each assessor shall receive as compensation
aaseMon. for hjg gerviccs to be rendered under this act the sum of two
hundred and fifty dollars per annum which shall include all
services for making the assessment-roll and laying the taxes
in the lamp district and for correcting and preparing rolls.
At the first meeting of the common council in the municipal
year beginning on the first day of January, nineteen hundred
and three, and at the first meeting of the common council
De^ffpiauon in each ensuing year, the mayor shall designate one of said
jr^k'^Sf •■ assessors as the clerk of said board of assessors for the munic-
***^*^ ipal year. Such clerk in addition to his compensation as as-
sessor shall receive the sum of five hundred dollars per annum
for compensation for his services as clerk of said board. He

211.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 575

fchall attend during each business day of the year at some place
to be designated by the mayor for the purpose of attending Seil?^'
to the duties of such office from ten o'clock in the forenoon to
twelve o'clock noon, and from two o'clock in the afternoon
until five o'clock in the afternoon. Every deed of conveyance
of land in said city shall be presented to the clerk of the board
of assessors and stamped by him before it shall be recorded,
but nothing herein contained shall affect the record of an un-
stamped deed. Said clerk shall make a record of every such
conveyance in a book provided for that purpose or shall make
proper entry thereof on the assessors' map of said city as shall
be provided by resolution of the common council. It shall be
his duty to keep a record in a book provided for that purpose
of all building permits granted by the common council. Said
clerk shall perform such other dutios in Y-eference to the prep-
aration of the assessment-roll of tiaid city as shall be directed
by the common council. Every map, plan, or subdivision map
or plan of said city showing a subdivision of such land into
blocks or lots shall in like manner be presented to said clerk
approved by the city engineer, and a copy thereof filed in the
office of the board of assessors before the same shall be filed
in the office of the clerk of Niagara county, and said original
map or plan shall be stamped by said clerk. The county clerk ^^J?/
of Niagara county shall be liable to said city in the penalty of "■*»""^-
ten dollars for each unstamped conveyance of land in said city
recorded by him, and for each unstamped map filed by him.
Said clerk and said board of assessors shall at all times occupy
some otherwise unused office or portion of a building owned or
leased by said city. In case of a vacancy occurring in the office JJ^Jf,^'^
of said clerk the mayor shall designate some other member of
the board of assessors to act for the remaining portion of the
year in which such vacancy occurs. In case of the temporary
inability of said clerk to attend to the duties of his office, or
his temporary absence from said office, the city clerk or assist-
ant city clerk may perform said duties of the clerk of the
board of assessors in regard to the stamping of conveyances
and the stamping and filing of maps, and shall keep a record
of all acts so performed by him and shall forthwith render a
written report thereof to the clerk of the board of assessors.

576 LAWS OF NEW YORK. [Chap.

§ 9. Section ninety-three of such act as amended by chapter
forty-seven of the laws of nineteen hundred and one is hereby
amended to read as follows:
nall!Sn?C § ^3. The terms of office of the four police commissioners of
offlcSlSuj. the city of Niagara Falls heretofore constituting the board of
police, shall cease and determine on the third Tuesday of April,
nineteen hundred and one. The mayor shall at the regular
meeting of the common council held on such date, or at some
subsequent meeting, appoint two police commissioners, whose
term of office shall expire on the third Tuesday of April, nine-
teen hundred and two, and there shall then be appointed by
the mayor two police commissioners whose term of office shall
expire on the thirty-first day of December, nineteen hundred and
four, and thereafter there shall be appointed biennially two
police commissioners whose terms of office shall be two years
from and including the first day of January. Not more than one
of said police commissioners shall be of the same political party
to which the mayor belongs, nor shall any euch police commis-
sioner hold the office of alderman of said city while holding the
office of police commissioner. Such police commissioners shall
receive no salary.

§ 10. Section one hundred and nine of such act as amended
by chapter one hundred and eighty of the laws of eighteen hun-
dred and ninety-eight and chapter forty-seven of the laws of
nineteen hundred and one is hereby amended to read as follows:
Fire com- S 109. The terms bf office of the four fire commissioners of

inlssionera, *^

offlSJ'*' the city of Niagara Falls, heretofore constituting the board of
duties, etc gj.^ commissioners of said city, shall cease and determine on
the third Tuesday of April, nineteen hundred and one, and
there shall then, or within ten days thereafter, be appointed
by the mayor, two fire commissioners who shall not be adher-
ents of the same political party. The mayor and said two fire
commissioners shall constitute the board of fire commissioners
of said city, which shall have the control and management of
the fire department of said city. The terms of office of the two
fire commissioners so appointed shall be one year, and at the
expiration of their term, the mayor shall appoint two fire com-
missioners whose terms of office shall expire with the end of
the municipal year on the thirty-first day of December, nineteen

211.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 671

hundred and four, and thereafter the term of oflSce of such fire
commissioners shall be two years. Said fire commissioners shall
receive no salarj. The major shall be chairman and the city SSSl*®'
clerk shall be the clerk of said board of fire commissioners.

§ 11. Section one hundred and seventy-eight of such chapter
as amended by chapter eight hundred and ninety-eight of the
laws of eighteen hundred and ninety-six, is hereby amended to
read as follows:

S 178. The common council shall on or before June first of each Annnai

*^ estimate of

year, make a careful estimate of all the city expenses for the cur- f^^
rent year, other than for school purposes, which estimate shall be
made out in items, and designate the sum or sums for the follow-
ing purposes, namely, for payment of the expenses of the police
department, including the salary of the police justice, chief of
police, sergeants, and policemen, rent' of stations and other ex-
penses thereof to be known as " police fund," for repairing and
keeping in order the highways, streets, crosswalks, culverts,
mains, public places, and grounds of said city, the opening of
streets and highways, the erection and maintenance of bridges
and culverts, and all other expenses relating to the streets and
highways, to be known as the " highway fund," for the operat-
ing and maintenance of the fire department, including the
salaries of such firemen, as the common council may employ,
to be known as the " fire department fund," for the expenses
of the board of health, to be known as the " health fund," for
the payment of one-half of the expenses for the lighting and
maintenance of the lamp district, to be known as the " lighting
fund"; for the expenses of the corporation, care and manage-
ment of the water works of said city, and for the payment of
any contract, lawfully entered into by said city for the furnish-
ing of water thereto for public purposes, and for all expenses
connected with the water supply in said city, to be known as
the " water fund "; for the cleaning, repair, and maintenance of
sewers, to be known as the " sewer fund " ; for the payment
of the salaries of officers not otherwise provided for, and the
general and contingent expenses of said city, to be known as
the " contingent fund ". Said common council shall, in like man-
ner, also estimate the probable revenues other than general

578 LAWS OF NEW YORK. [Chap.

taxes of said city, available for the purposes named in said
estimates. The common council may direct that any moneys
heretofore or hereafter received by said city for fines or
licenses, may be credited to such of said several funds as it may
^^ determine. Said common council shall, in the manner herein-
after provided, have power to raise by taxes each year, from
the taxable inhabitants of said city, and the property therein
liable to taxation for the purposes named in said estimate, such
sums of money as they may deem proper, not exceeding the
aggregate amount of said estimates, and not exceeding one per
centum of the total assessed valuation of the real and personal
property within said city, as shown on the last preceding assess-
ment roll thereof, and also such further sums as may be neces-
sary to pay the interest upon any bonds heretofore issued by
the village of Suspension Bridge, or the village of Niagara Falls,
or by the water board or sewer board of either of said villages,
and then outstanding, or that may hereafter be issued to take
the place of any such bonds, and in renewal thereof, or that
may hereafter be issued by said city, under any of the pro-
visions of this act and as may be necessary to pay the principal
of any of such bonds as the same become due; and also such
further sums as may be necessary to pay any judgment that
may be recovered against said city in any court of competent
jurisdiction. No execution shall be issued upon any judgment
obtained against said city, until sixty days after the annual
SecuS' tax levy, subsequent to the rendition of such judgment. The
purpoMfl. common council may also, in any year, raise by general tax, such
further sum or sums as shall be authorized by any provisions
of this act, or as shall have been voted by a majority of the
inhabitants of said city, entitled to vote, and voting to raise
such additional sum or sums at any annual or special election
called for that purpose, as herein provided.

When act 8 12. This act shall take effect on the first day of May, nine-
takes effect. ^ J jy

teen hundred and two, except the provisions therein relating to
the terms of office of the city officers elected at the election
held on the first Tuesday of April, nineteen hundred and two,
which shall take effect immediately.

212.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 579

Clnap. 212.

AN ACT to amend section eight of the public buildings law, in
relation to the duties of the state architect. ^

Became a law, March 26, 1902, with the apiyroval of the GoTemor. Passed,

three-fifths being present.

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

Section 1. Section eight of chapter two hundred and twenty- fjj
seven of the laws of eighteen hundred and ninety-three, entitled
"An act relating to public buildings, constituting chapter four-
teen of the general laws," as added by chapter five hundred and
sixty-six of the laws of eighteen hundred and ninety-nine, is
hereby amended to read as follows:

§ 8. Duties. — ^The state architect shall prepare the drawings
and specifications and supervise and control, as architect, the
construction of all new buildings erected at the expense of the
state. He shall also prepare the drawings and specifications
for additions to existing buildings, and for the alteration or
improvement thereof. He shall see that the materials furnished
and the work performed in constructing, altering or improving
any such building are in accordance with such drawings
and specifications, and that the interests of the state are fully
protected. He shall prepare regular and standard forms of con-
tracts, to be approved by the attorney-general, which shall be
used in all work let by contract and no payment shall be made
on any such contract except upon his regular certificate after
audit by the comptroller. If the drawings and specifica-
tions for any such buildings shall include a laundry therein
they shall provide that the drying room for such laundry shall
be constructed of fire-proof building material.

§ 2. This act shall take effect immediately.

580 LAWS OF NEW YORK. [Chap.

Chap. 213.

AN ACT to amend the forest, fish and game law relating to the
use of tip-ups and set-lines in fishing through the ice in certain
waters.

Became a law, M«irch 26, 1002, with the approval of the Governor. Passed,

three-fifths being present.

TTie People of the State of New Yorkj represented in Senate and
Assembly J do enact as follows:

uMdML Section 1. Chapter twenty of the laws of nineteen hundred,
entitled "An act for the protection of the forests, fish and game
of the state, constituting chapter thirty-one of the general
laws," is hereby amended by adding a new section to be known
as section fifty-nine-a, to read as follows:

§ 59-a. Further exceptions to section fifty-eight. — ^Tip-ups and
set-lines may be used in fishing through the ice in Lake Cham-
plain and South Bay, so called in the towns of Dresden, White-
hall and Fort Ann and in the waters of Bij; Sandy pond in the
town of Sandy Creek, Oswego county, and in Oneida lake, in the
counties of Oneida and Oswego, but no person shall operate,
own or control more than twenty lines in any of the aforesaid
waters,
g 2. This act shall take effect immediately.

Chap. 214.

AN ACT to amend the agricultural law, relative to prevention of
disease among bees and to add two sections thereto relative to
honey, to be known as sections eighty-a and eighty-b.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fl.fths being present.

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

Aot Section 1. Section eighty of chapter three hundred and thirty-

eight of the laws of eighteen hundred and ninety-three, entitled
**An act in relation to agriculture, constituting articles one, two,
three, four and five of chapter thirty-three of the general laws ",
as amended by chapter two hundred and twenty-three of the

214.] ONE HUNDRED AND TWENTYFIFTH SESSION. 581

laws of eighteen hundred and ninety-nine is hereby amended to

read as follows:

§ 80. The prevention of disease among bees, — No person shall
keep in his apiary any colony of bees affected with a contagions
malady known as foul brood or black brood; and every beekeeper
when he becomes aware of the existence of either of such dis-
eases among his bees, shall immediately notify the commissioner
of agriculture of the existence of such disease.

§ 2. Said chapter three hundred and thirty-eight is hereby
amended by inserting therein, after section eighty thereof, two
new sections, to be known as sections eighty-a and eighty-b, and
to read respectively as follows:

§ 80-a. Defining honey. — The terms "honey," "liquid or ex-
tracted honey," " strained honey," or " pure honey," as used in
this act shall mean the nectar of flowers that has been trans-
formed by, and is the natural product of the honey-bee, taken
from the honeycomb and marketed in a liquid, candied or granu-
lated condition.

§ 80-b. Belative to selling a oommodity in imitation or sem-
blance of honey. — ^No person or persons shall sell, keep for sale,
expose or offer for sale, any article or product in imitation or
semblance of honey branded as "honey" "liquid or extracted
honey ", " strained honey " or " pure honey " which is not gure
honey. No person or persons, firm, association, company or cor-
poration, shall manufacture, sell, expose or offer for sale any
compound or mixture branded or labeled as and for honey which
shall be made up of honey mixed with any other substance or
ingredient. There may be printed on the package containing
such compound or mixture a statement giving the ingredients
of which it is made; if honey is one of such ingredients it shall
be so stated in the same size type as are the other ingredients,
but it shall not be sold, exposed for sale, or offered for sale as
honey; nor shall such compound or mixture be branded or

labeled with the word "honey" in any form other than as
herein provided; nor shall any product in semblance of honey,
whether a mixture or not,^ be sold, exposed or offered for sale as
honey, or branded or labeled with the word " honey ", unless such
article is pure honey.

§ 3. Section eighty-one of said chapter three hundred and
thirty-eight, as amended by chapter two hundred and twenty-

682 LAWS OF NEW YORK. [Chap.

three of the laws of eighteen hundred and ninety-nine is hereby
amended so as to read as follows:

§ 81. Duties of the commissioner. — ^The commissioner of agri-
culture shall immediately upon receiving notice of the ezistence
of foul brood or black brood among the bees in any locality, send
some competent person or persons to examine the apiary or
apiaries reported to him as being affected, and all the other
apiaries in the immediate locality of the apiary or apiaries so
reported; if foul brood or black brood is found to exist in them,
the person or persons so sent by the commissioner of agriculture
shall give the owners or caretakers of the diseased apiary or
apiaries full instructions how to treat said cases. The commis-
sioner of agriculture shall cause said apiary or apiaries to be
visited from time to time as he may deem best and if, after
proper treatment, the said bees shall not be cured of the dis-
eases known as foul brood or black brood then he may cause the
same to be destroyed in such manner as may be necessary to pre-
vent the spread of the said diseases. For the purpose of en-
forcing this act, the commissioner of agriculture, his agents, em-
ployees, appointees or counsel, shall have access, ingress and
egress to all places where bees or honey or appliances used in
apiaries may be, which it is believed are in any way affected
with the said disease of foul brood or black brood or where it is
believed any commodity is offered or exposed for sale in viola-
tion of the provisions of this act. No owner or caretaker of a
diseased apiary, honey or appliances shall sell, barter or give
away any bees, honey or appliances from said diseased
apiary, which shall expose other bees to the danger of said
diseases, nor refuse to allow the said commissioner of
agriculture, or the person or persons appointed by him
to inspect said apiary, honey, or appliances, and do
such things as the said commissioner of agriculture or
the person or persons appointed by him shall deem neces-
sary for the eradication of said diseases. Any person
who disregards or violates any of the provisions of this
section is guilty of a misdemeanor and shall be punished by a
fine of not less than thirty dollars nor more than one hundred
dollars, or by imprisonment in the county jail for not less than
one month nor more than two months, or by both fine and im-
prisonment.

§ 4. This act shall take effect immediately.

215.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 583

AN ACT to amend chapter five hundred and five of the laws of
eighteen hundred and ninety-seven, as amended by chapter
three hundred and twenty-three of the laws of eighteen hun-
dred and ninety-eight, entitled "An act to make the office of
sheriff of Sullivan county a salaried office in part, and to regu-
late the management of said office.''

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority beings present.

The People of the State of New Yorhj represented in Senate and
Assemhlyy do enact as follows:

Section 1. Sections one and two of chapter five hundred and
five of the laws of eighteen hundred and ninety-seven, as
amended by chapter three hundred and twenty-three of the laws
of eighteen hundred and ninety-eight, entitled "An act to make
the office of sheriff of Sullivan county a salaried office in part,
and to regulate the management of said office," are hereby
amended to read as follows:

§ 1. The sheriff of the county of Sullivan next elected or ap- ^^^I^a
pointed or thereafter to be elected or appointed shall receive '*®*
as compensation for his services and his expenses an annual
salary of seventeen hundred dollars and his fees al-
lowed by law on executions and from the state, and the fees
allowed to him by law in civil actions and civil proceedings, ex-
cept calendar fees, and three hundred dollars in lieu of and
in full for all expenses and disbursements of himself and his
assistants^ which compensation shall not be increased or dimin-
ished during his term of office.

§ 2. It shall be the duty of said sheriff to perform all the S^e^S.^
services which he is or shall be required or authorized by law
to perform by virtue of or by reason of his holding such office,
for the state, for the county and for individuals, including his
duties as officer of the courts, and summoning jurors for the
courts held in said county, and no compensation, payment or
allowance shall be made to him for his own use for any such
services, or for his expenses, or for the expenses of his under-
sheriff or deputy, except the salary, allowance for expenses,
and fees aforesaid.

684

LAWS OF NEW YORK.

[Chap

■hertft.

Dutim of

under-

•herilE.

Bpeolal
deputtea.

Ooart
ollloerm.

§ 2. Sections four to nine inclusive of said act are hereby
amended to read as follows:

§ 3. There shall be one under-sheriff who shall be appointed
by the sheriff and serve during his pleasure. The sheriff shall
be responsible for his official acts. The said under-sheriff shall
oompenna- reccivc f rom the county of Sullivan in full compensation for all
his services to said county, and his expenses, an annual salary
to be fixed by the board of supervisors of said county, except
that the salary of said under-sheriff shall not exceed the sum of
seven hundred dollars per annum. He shall act as assistant
jailer, or turnkey of the jail of said county. It shall be his duty
to attend all jury terms of court held in said county as one of
the officers of said court, and perform such other duties as may
be required of him by law, or by the court, or by the sheriff.

§ 4. Nothing in this act shall be construed to prevent
the sheriff from appointing as many special deputies as he may
choose to appoint, but the compensation of said special deputies
shall not in any case be a county charge.

§ 5. At each term of court held in said county where a
petit jury is to be in attendance, the sheriff shall sum-
mon five constables of the county to attend as court officers, and
when both a petit and a grand jury are to be in attendance, the
sheriff shall summon seven constables to attend such court as
court officers. Except as herein provided no other court offi-
cers shall be summoned or appointed, except by the order of
the judge holding the court, on the application of the district
attorney of the county; said order must be duly entered with
the clerk, and a certified copy furnished the county treasurer.
Bonds from § 6. The sheriff may require bonds, subject to his approval,
•heriff. from his under sheriff to secure him for the faithful perform-
ance of his duties.

§ 7. The jail of the county shall be kept by the sheriff of
the county as now required by law. All furniture, implements,
tools, and materials necessary for the custody of the prisoners
and persons detained within said jail, shall be purchased by
said sheriff under the supervision of the board of supervisors
on the credit of the county of Sullivan, and shall be
paid the same as other county charges are paid. Said
sheriff shall board the prisoners confined in said jail,
and shall receive in addition to the salary and allowance
mentioned in section one of this act, for such board and for

JatI and
Kuppllet
therefor.

216.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 685

the care of the cells occupied by such prisoners, and for their
necessary laundry work, such reasonable sum per week or per
diem as shall be determined by the board of supervisors of said
county, not exceeding the sum of two and one-half dollars per
week for each prisoner confined in said jail. An itemized ac- payment of

- . account.

count thereof shall be presented to the board of supervisors
of said county during the first session of the annual meeting of
said board of supervisors for audit, and the amount thereof
shall be audited and allowed the same as other county charges.
The said account shall be verified by the sheriff the same as
other county charges are required by law to be verified. Ac-
companying said account shall be a verified statement of the 2*tl?"*"*
sheriff giving the names of all persons confined in said jail dur- p'****"*^
ing the time covered by said account, and the number of days
each one of said prisoners was confined during said period. It
shall be the duty of the sheriff to use convict labor as far as conTiot

labor.

practicable in the care of the court house and jail and the yards
and walks adjacent thereto. He shall be furnished a residence,
with light and fuel for heating the same, and a barn, free of
rent; and shall be privileged to have his barn and garden work
done by convict labor, when practicable, but shall not receive
other maintenance from the county.

§ 8. All acts and parts of acts inconsistent with this act ^p«»*-
are hereby repealed as to Sullivan county, and said county is
excepted from their provisions.

§ 3. The amendments provided by this act shall not apply to Application
the present incumbent of the office of sheriff of said county,
or to the administration of said office during his ternu

Chiap, 216.

AN ACT to legalize the incorporation and the acts of the River
View cemetery association of Clintonville, in the county of
Clinton.

Became a law, March 26, 1902, with the approval of the Governor. Pas3ed,

a majority being present

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

Section 1. A copy of the certificate of incorporation of the Act«of
River View cemetery association of Clintonville, Clinton county »«°«Si2d.*

586 LAWS OF NEW YORK. [Chap.

New York, certified by the clerk of the county of Clinton shall
be presented to a justice of the supreme court of this state,
who is hereby authorized to approve the same and upon such
approval being endorsed thereon the same shall be filed in the
office of the secretary of state of this state and a duly certified
copy thereof from said secretary of state's office shall also be
filed in the office of the clerk of the county of Clinton, each
nunc pro tunc as of the twenty-fifth day of November in the
year eighteen hundred and seventy-eight. Upon the filing of
such certified copies such corporation shall be and be deemed
to have been duly incorporated in all respects as though the
original certificate of incorporation had been duly approved by
a justice of the supreme court and duly filed in the proper offices
on the twenty-fifth day of November, eighteen hundred and
seventy-eight, in accordance with the provisions of the acts of
the legislature of this state then in force relating to the incor-
poration of rural cemetery associations. All the acts of the said
corporation, as a corporation, including the taking title to and
exercising ownership over real and personal property, and the
conveyancing of real property and all other acts of a corporate
character, are hereby ratified and confirmed in all and every
respect, and made effectual in the same manner and with like
effect as though the original certificate of incorporation of such
corporation had been duly approved and filed in the manner
provided by law on the said twenty-fifth day of November,
eighteen hundred and seventy-eight. Nothing in this act shall
affect any action or proceeding now pending in the courts of
this or any other state.
§ 2. This act shall take effect immediately.

Chiap. 217.

AN ACT to amend the code of criminal procedure relative to

certificates of stay upon appeal.

Became a law» March 26, 1902, with the approval of the Governor. Passed,

a majority being present.

The People of the State of New Yorky represented in Senate and
Assemhli/y do enact as follows:

crtoiSli Section 1. Section five hundred and twenty-nine of the code
££^^ of criminal procedure is hereby amended to read as follows:

218.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 587

§ 529. Certificates of stay not to be granted except on notice
to the district attorney. — The certificate mentioned in the last
two flections cannot, however, be granted upon an appeal on a
conviction of felony or misdemeanor until such noti(*e as the
judge may prescribe has been given to the district attorney of
the county where the conviction was had, of the application for
the certificate, accompanied by a formal specification in writing
of the grounds upon which the application is based, but the
judge may stay the execution of the judgment until the deter-
mination of such application. When an application for such
certificate shall have been made to and denied by the trial judge
or a justice of the supreme court or in case of an appeal to the
court of appeals, by a judge of that court or a justice of the appel-
late division of the supreme court, no other application for such
certificate shall be made. If an appeal to the appellate division
of the supreme court shall not be brought on for argument by
the defendant at the next term of the appellate division begun
not less than ten days after the granting of such certificate, or
if an appeal to the court of appeals shall not be brought on for
argument by the defendant when the court of appeals shall have
been in actual session for fifteen days after the granting of such
certificate, the district attorney on two days' notice to the defend-
ant may apply to the judge or justice who granted the certifi-
cate, or to any judge or justice of the court in which the appeal
ifl pending, for an order vacating the certificate, and upon the
entry of such an order the judgment shall be executed as though
a certificate had never been granted to the defendant.

§ 2. This act shall take effect immediately.

Chap. 218.

AN ACT to amend the public health law and the acts amenda-

tory thereof, in relation to pharmacy.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority being present.

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

Section 1. Subdivisions two and four of section one hundred Act

amended.

and ninety of chapter six hundred and sixty-one of the laws

588 LAWS OF NEW YORK. [Chaf.

of eighteen hundred and ninety-three, entitled "An act in rela-
tion to the public health, constituting chapter twenty-five of the
general laws," as amended by chapter six hundred and sixty-
seven of the laws of nineteen hundred, are hereby amended to
read as follows:

bjjard^of Subdivisiou 2. The state board of pharmacy shall coneist of
fifteen members, five members from each of the above named
sections. No person shall be eligible for election to the state
board of pharmacy, unless he be a citizen of the state of New
York and a resident and licensed pharmacist of that section of
the state from which elected, and, if elected from the eastern
section, unless he also be a member of an incorporated pharma-
ceutical society or association as provided in subdivision four
immediately following.

S^'be?^' Subdivision 4. The election of the members of said state board
of pharmacy for the eastern section shall occur in the month of
June of each year. The state board of pharmacy shall designate
a date in said month and a place in the borough of Manhattan
and a place in the borough of Brooklyn for said election and
ghall give fifteen days' notice of said time and place to the
societies or associations in said section, hereinafter described.
At the time and place so designated in the borough of Manhattan
thr(»e members for eaid section shall be elected, and no person
ghall be eligible for election, or to vote at such election, unless he
be a resident of one of the counties of New York or Westchester
and a member of the New York state pharmaceutical associa-
tion, provided he be a licensed pharmacist or druggist, or of an
incorporated pharmaceutical association or society in one of
said counties, whose members are required to be licensed
pharmacists or druggists. At the time and place des-ignated as
aforesaid in the borough of Brooklyn, two members for said sec-
tion shall be elected and no person shall be eligible for election,
or to vote at such election, unless he be a resident of one of the
other counties in said section and a member of the New York state
pharmaceutical association, provided he be a licensed pharma-
cist or druggist, or of one of the incorporated pharmaceutical
associations or societies in said other counties, whose mem-
bers are required to be licensed pharmacists or druggists.
The election of the members of the state board of pharmacy for
the western section shall occur at a meeting of the licensed phar-

219.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 589

macifits and druggiets residing in such section, to be held in the
month of June of each year, called by the Erie county phar-
maceutical association at the Buffalo college of pharmacy, or at
such other place as may be designated by the state board of phar-
macy, and such election shall be by ballot. The election of the
members of the state board of pharmacy for the middle section
shall occur at the annual meeting of the state pharmaceutical
association, at which meeting all licensed pharmacists and drug-
gists residing in such middle section are entitled to vote, and
such election shall be by ballot.

§ 2. This act shall take effect immediately.

Chap. 219.

AN ACT to amend chapter eight hundred and eighteen of the
laws of eighteen hundred and sixty-eight, entitled "An act to
incorporate the village of Port Chester."

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority being present.

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

Section 1. Section one of title four of chapter eight hundred 2SS2d«L
and eighteen of the laws of eighteen hundred and sixty-eight
entitled "An act to incorporate the village of Port Chester " as
amended by chapter eighty of the laws of nineteen hundred and
one, is hereby further amended to read as follows:

§ 1. The trustees are authorized and empowered to raise itSStaLj""
money by tax, to be assessed upon the estate, real and personal,
within the bounds of said corporation, and to be collected from
the several owners and occupants thereof, for the purchase of For what

objectsy and

any real op personal property for the use of said village, and JJ^J^^y
to defray the ordinary and contingent expenses of said corpora-
tion, but no tax shall be levied, assessed and collected for the
latter purpose in any one year, exceeding one-fifth of one per
centum of the total assessed valuation of the real and personal
property in said village, as appears ux>on the assessment roll of
said village for the preceding year, except, as in this act herein-
after provided, until the same shall have been authorized by a to be
vote of a majority of the taxable inhabitantSi of said village, SJVote'of

•^ *=* ' taxable In-

hubltanU.

590

LAWS OF NEW YORK.

[Chap.

viimge
declared A
Boparate
road
discrlot.

Tnutees

to have

powenoC

Highway

commit^-

slonera.

Tux for
and bridges.

InhabltanUB
of Tillage
not to vote
at town
meetlnffs
to ralHO
money for
highways
outside of
village.

qualified to vote under this act, present at any annual election or
meeting or at any special meeting duly called for that purpose.

§ 2. Section one of title five of chapter eight hundred and
eighteen of the laws of eighteen hundred and sixty-eight entitled
"An act to incorporate the village of Port Chester " as amended
by chapter eighty of the laws of nineteen hundred and one, is
hereby amended to read as follows:

§ 1. The said village is hereby declared a separate road dis-
trict, exempt from the superintendence and control of the com-
missioners of highways of the town of Rye, and the trustees
shall possess all the powers given by law to the commissioners
of highways of towns within the limits of said village, and the
charge and expense of working and repairing all roads declared
public highways in said village, and also for making, altering,
repaiiing and improving bridges on or over the same, and upon
or over any streets or highways in said village, except bridges
over the Byram river between t\^ village of Port Chester and
the town of Greenwich, in the state of Connecticut, shall be
raised by tax upon the taxable inhabitants and property of
said village, in the same manner as ordinary and general taxes,
and the said trustees shall be under the same obligation to
keep said road and bridges in repair, and be subject to the
same liabilities in respect thereto, as commissioners of high-
ways, and such taxes can be raised by the trustees, without
any vote, in addition to the sum allowed by section one of title
four of this act, for the ordinary and contingent expenses of
said village, not exceeding one-fourth of one "per centum of the
total assessed valuation of the real and personal property in the
eaid village, as appears upon the assessment roll of said village
for the preceding year, for any one year, for such purpose
unless authorized to raise a larger sum by a vote of the
taxable inhabitants of said village. No inhabitant, resid-
ing within the limit of said village shall, however, be en-
titled to vote at any town meeting on any proposition for rais-
ing money by tax for the repairs of roads and bridges in said
town, located without the limits of said village, or for the con-
struction of the same, and all property within the limits of said
village shall hereafter be exempt from any taxation or assess-
ment for the opening, laying out, maintenance, erection or re-
pairs of any highway, roads and bridges in said town which are

219.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 591

gituated without the limits of said village. No inhabitant re- S^^ffilS?^
siding in said village shall be eligible to the office of commis- JS^omlSof*

highway

sioner of highways of said town of Rye or be entitled to vote ^^jj**-
at any town election or town meeting for the office of commis-
sioner of highways of said town of Rye. The trustees are au-
thorized and empowered to raise by tax to be assessed upon authoriEed

to rals** tax

the taxable property real and personal of said village, with- '^Ji|5Ji^j^**f
out any vote, in addition to the sums allowed by this section,
and by section one of title four of this act, a sum not exceed-
ing in any one year, one-fifth of one per centum of the total
assessed valuation of the real and personal property in said vil-
lage, as appears upon the aafiessment roll of said village for the
preceding year, for the purpose of lighting any or all of the
streets, public parks, places, offices and buildings in said village,
but no tax or sum in excess of said amount shall be raised,
levied, assessed or collected in any one year for such purpose,
until the same shall have been authoriZiCd by a vote of a
majority of the taxable inhabitants of said village qualified to
vote under the charter of the village of Port Chester, at any
annual election or meeting or at any special meeting duly called
for that purpose. The said board of trustees are hereby fur- ^[^JJJ*
ther authorized and empowered to raise by tax to be assessed toSSS tox
upon the taxable property real and personal in said village a mglt^ta
sum not exceeding one-fifteenth of one per centum of the total
assessed valuation of the real and personal property in said
village, as appears upon the assessment roll of the preceding
year, in addition to the sums allowed by this section and by
section one of title four of the charter of the village of Port
Chester, for the purpose of sprinkling the streets of said vil-
ln^(N but no tax or sum in addition to said amount shall be
raised, levied, assessed or collected in any one year for such
purpose until the same shall have been authorized by vote of
a majority of the taxable inhabitants of said village qualified
to vote under the charter of the village of Port Chester, at any
annual election or meeting or at any special meeting duly called
for that purpose.

§ 3. Section four of title five of said act to incorporate the
village of Port Chester is hereby amended by adding at the end
thereof: The board of trustees of said village by the unanimous Tniatee.

*^ " may allow

vote of all its members may allow any such improvement to menu^'tobe

made.

692

LAWS OF NEW YORK.

[Chap.

Proceed-
ings for
street open-
logs, eiOL

Map, where
filed.

Trostces
may by
resolution

fmrohase
and for
tmproTe>
menu

Condemn»>
tloii pro-
ceedlngfl.

be made and may cause any property, rights or easements to
be taken for such purpose without such petition and notice
or in case of a petition against such remonstrances. When-
ever the board of trustees shall intend to lay out, open, widen
straighten or extend any street, avenue or highway in the said
village and the lands of any person or corporation or any right
or easement therein will be necessary for that purpose or when-
ever the board of trustees shall ordain that the lands of any
person or corporation or any right or easement therein will
be necessary for public use for any of the purposes mentioned
in the charter of the village of Port Chester, they shall cause
the same to be surveyed and a map thereof to be made and
filed in the village clerk's office, and a duplicate copy of such
map shall also be filed in the Westchester county clerk's office
showing the several lots, tracts or parcels of land and the
rights or easements therein, which are deemed necessary to be
taken, and in case of laying out, opening, widening, straight-
ening or extending any street, avenue or highway, the com-
mencement, course and termination of the proposed street,
avenue or highway in, through or over the lands so to be taken,
and for that purpose the said board of trustees, and those act-
ing by its direction shall have the power to enter upon any lands
in the said village. The board of trustees shall then declare
by resolution their intention to take and appropriate the said
property for the proposed improvement, and thereafter they
may purchase the said land or right or easement therein from
the owner or owners thereof and pay therefor to him or them
such compensation as they should deem reasonable, upon re-
ceiving from such owner or owners a conveyance of the fee of
said land to said village. In case the said board of trustees
is unable to agree with the said owner or owners for the pur-
chase of said land, rights or easements required for any of the
purposes aforesaid, then the said board of trustees shall, and
may acquire the same by condemnation proceedings under the
provision of the condemnation law of this state, chapter twenty-
three of the code of civil procedure.

§ 4. Section thirty-three of title five of said act to incorpo
rate the village of Port Chester as amended by chapter five
hundred and ninety-five of the laws of eighteen hundred and
ninety-six, is hereby further amended by adding at the end

219.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 59.^

thereof the following: Whenever a petition for the laying of application

» 11 • for laying

sidewalks and the setting of curb and gutter stones shall be j»dewaikE,
presented to said board of trustees signed by one-third in num-
ber of the owners of property abutting on any street, avenue,
or highway in said village, or any part or portion of any street,
avenue or highway, on which it is requested shall have side-
walks laid and curb and gutter stones set, the trustees shall
cause notice to be published in one or more of the village news-
papers that such application has been made and of a time not
less than ten days from the date of the publication of said notice
when they will proceed to act on the prayer of said petition, and
unless a remonstrance signed by a majority of the persons who TroitejM^
will be assessed for the expense thereof shall be presented to me?!t*to'be
them on or before the day specified in said notice, and if they SS?©*be no

remon-

shall deem the application proper, they may, on such day speci- •trmnoe.
fled in said notice, or as soon thereafter as may be, by a resolu-
tion, decide to allow said improvement to be made and thereupon
enter into a contract for the doing of the said work required
for such improvement. Before giving notice of the pendency to ax
of such application the trustees shall fix the limit or district M»®"»n«n<^
of assessment beyond which the assessment for doing the
work mentioned in said petition shall not extend and the de-
scription of such limit or district of assessment shall be in-
serted in and form a part of the notice above provided for.
The trustees shall then ascertain and determine the expense Trunteea
of the said work including the costs, charges and fees of attor- taintS*^*^

expense

neys, surveyors, superintendents, printing, inspectors and other JJ** JJf^®
proper and incidental expenses, and shall make a report in
writing of the same, and the amount so ascertained by said
board of trustees shall be assessed and apportioned by the said Aawaamont.
board of trustees against the owners of property abutting on
the street, avenue, or highway in front of whose property it is
proposed to set curb and gutter stones and lay sidewalks, in
the proportion that the number of feet owned by each abutting
property owner bears to the whole number of feet on both sides
of the street, avenue or highway, or the part or portion thereof
referred to in such petition. The said trustees shall then
cause a notice to be published in one or more newspapers pub- publication

' .1 or notices

lished in the said village, once a week for two successive weeks,

594 LAWS OF NEW YORK. [Chap.

that they have made the assessment of the expense to be paid
by the abutting or adjoining owners of the several parcels
affected by the assessment or improvement, and, that they have
completed and deposited their report of said assessment with
the clerk of the village, where the same may be seen and ex-
amined, and that they will meet at a time and place to be
specified in said notice, not less than ten days from the first
publication, to review their said report, and that at such time
to J22^ and place all parties interested can be heard. All objections

m^eia'^ to Said assessmcut shall be made in writing and shall be left

writing.

with said trustees; the trustees shall then hear, consider and

determine all objections, and review and, if necessary, correct

said report, and then confirm the same, and assess the amount

Report of against the several parcels affected, and file their report, with

^Sre filed, all objectious thereto, with the village clerk, and said assess-

tStSTum "^^^t ^^ fi^ch confirmation shall be a just and valid lien upon

oniuMU. ^Yxe said several parcels of land therein designated, and shall

be collected and enforced as other assessments are enforced

and collected in said village; as provided in the said charter of

the said village. Whenever any street, avenue or highway shall

be opened, widened, straightened or extended, as provided for

TrattoM in" the charter of the village of Port Chester, the trustees may

may OAiiM r v

tobTuSSl ^* *^^ same time cause sidewalks to be laid and curb and gutter
st^to stones set on both sides of said street, avenue or highway, or

whloh may

hm^n the part or portion thereof which may have been opened,

widened or extended and the expense of laying such sidewalks

and setting such curb and gutter stones may and shall be

Bxpente asscsscd by the said board of trustees or by commissioners as
thereof, ^^^ ^^^ ^^^ y^^^ ^^ ^ ^^^^ ^^ ^^^ cxpeusc of opcuiug, widening,

straightening or extending such street, avenue or highway; but
the whole expense of laying such sidewalks and of setting such
curb and gutter stones shall in all cases be borne by the owners
of property abutting on such street, avenue or highway, on the
part or portion thereof so improved, as provided herein.

§ 5. Title five of chapter eight hundred and eighteen of the

laws of eighteen hundred and sixty-eight is hereby amended

by inserting between sections twenty-nine and thirty-one

thereof, the following section to be known as section thirty:

Truiteee S 30. The Said board of trustees are hereby authorized and

SidJfor empowered, whenever in their judgment the opening, widening,

riS?ete*°' straightening or estending of any street, avenue or highway or

220.] ONE HUNDRED AND TWENTY-FIRST SESSION. 595

any part or portion of the same is of benefit to the village at
large and the inhabitants thereof, to ordain and resolve by
unanimous vote of all the members of said board of trus*
tees that a proportion of the expense of the opening,
widening or extending of such street, avenue or highway,
including attorneys', engineers' and inspectors' fees, not
exceeding fifty per centum thereof, shall be paid by an
issue of the village bonds for that purpose; and in such
case the said trustees may and th^y are hereby authorized and
empowered to issue bonds of the village for the purpose of pay-
ing the part or proportion of such expense which they shall have
fixed to be paid by the issue of village bonds; and the said board
of trustees shall then proceed in the work of opening, widening,
straightening or extending any such street, avenue or highway
as iprovided in title five of the charter of the village of Port
Chester.
§ 6. This act shall take effect immediately.

Chap. 220.

AN ACT to legalize certain acts of the board of supervisors of
Chemung county in relation to the issuing of bonds by the
town of Southport in said county.

Became a law, Marcii 26, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and
AssemUi/y do enact as follows:

Section 1. All resolutions of the board of supervisors of Acuat

board of

Chemung county at its annual session in the year nineteen hun- {^JJJJJ'^
dred and one, relative to the issuing of bonds by the town of
Southport in said county, for the improvement and construc-
tion of roads in said town under chapter one hundred and fifteen
of the laws of eighteen hundred and ninety-eight and the laws
amendatory thereof, and all proceedings taken by said board
or any committee or officer of said board or any officer of said
town of Southport, and the bonds issued under said resolution,
are hereby declared to be in all things legal and valid, and said
bonds and the interest thereon are hereby made payable at the
office of the treasurer of Chemung county.
§ 2. This act shall take effect immediately.

596 LAWS OF NEW YORK. [Chap.

AN ACT to amend chapter one hundred and eighty-two of the
laws of eighteen hundred and ninety -eight, entitled "An act
for the government of cities of the second class/' relative to
the president of the common council.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assembly J do enact as follows:

^^ ^^ Section 1. Section thirteen of chapter one hundred and

amended. -^

eighty-two of the laws of eighteen hundred and ninety-eight,
entitled "An act for the government of cities of the second
class," as amended by chapter five hundred and thirty-four of
the laws of nineteen hundred and one, and chapter three of the
laws of nineteen hundred and two, is hereby amended to read
as follows:
Election of § 13. There shall be elected at the first election under this

preeldent "^

Snd*"***^* act, and at the city election every two years thereafter, a presi-
aidermen. ^^^^^ ^f ^jj^ commou couucil from the city at large, who shall
receive an annual salary of one thousand dollars, and one alder-
man from each ward of the city, who shall have been a resident
in such ward for at least five months prior to such election,
who shall hold their offices for two years; and the
aldermen thus elected shall constitute the common coun-
saiaryof cil. The auuual salary of each alderman shall be, in a city

aldermen In

certain haviug a populatiou, as appears by the last state enumeration,
of less than one hundred thousand, five hundred dollars, in a
city having a population of more than one hundred thousand,
as aforesaid, seven hundred and fifty dollars.

§ 2. Nothing herein contained shall be deemed to repeal or
in any manner affect the validity or operation of chapter three
of the laws of nineteen hundred and two.

§ 3. This act shall take effect immediately.

cltlea.

222.] ONE HUNDRED AND TWENTY-FIRST SESSION. 597

AN ACT to amend chapter one hundred and twenty of the laws
of eighteen hundred and eighty-six, entitled "An act to revise
the charter of the city of Lockport ", and the several acts
amendatory thereof and supplemental thereto, relating to
fiscal year and time of making reports by the various boards
and city ofScials; and granting compensation to the aldermen
of said city and authorizing the common council to raise by
general tax levy suflBcient money for the use of said city to
meet the demands occassioned by the change in the fiscal year,
and to repeal section two hundred seventy-nine of said act.

Accepted by the city.

Became a law, Miarch 26, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Sections four, twenty-nine, fifty-seven, sixty-two, ^•^7
one hundred four, one hundred forty-three, one hundred forty-
four, one hundred forty-six and two hundred seventy-nine, of
chapter one hundred and twenty of the laws of eighteen hun-
dred and eighty-six, entitled "An act to revise the charter of
the city of Lockport," and the several acts amendatory thereof
and supplemental thereto, is hereby amended to read as follows:

§ 4. The municipal year in said city shall begin on the first day JSflSSli'
of January. The fiscal year in said city shall begin on the first '**"■
day of January.

§ 29. Subject to the provisions of this act the common coun- Duuegot
cil shall have power to 'declare and enforce the duties of the Jn^rocd.
aldermen and of all officers elected or appointed under this act,
and not herein particularly provided for; and when compensa-
tion is not herein fixed and declared, shall pay such officers, bv compensar

- , . , . tlon of

way of salary or otherwise, a reasonable compensation oncers,
for their services. Each alderman hereafter elected under compemiiw
this act shall receive after the first day of January, awermea.
nineteen hundred and four, for each regular or special
meeting of the common council which he shall attend
as a member thereof, and at which he shall answer to
his name at the roll call, and continue present until adjourn-

598 LAWS OF NEW YORK. [Chap.

menty the sum of three dollars, and for each regular or special
committee meeting which he shall attend as alderman, and at
which he shall give his attention to any city business, the sum
of three dollars; but no alderman shall receive in any one year
pay for his attendance upon more than fifty council meetings,
whS7' ^^^ more than fifty committee meetings. The aldermen shall
payable, peceive their pay at the same time and in the same manner as
other city ofScials, but no alderman shall receive any compensa-
tion for his services as herein provided until the consent of the
electors of the city of Lockport is first had and obtained in
pabiioation the foliowiug manner: The common council shall for at least

of Atata-

propautton. ^^^^^ wccks bcforc the general election to be held in the year
nineteen hundred and two, cause to be published twice in each
week in all daily papers published in the city of Lockport, a
statement of the proposition that said aldermen shall receive
such compensation, and that the question as to whether or not
said aldermen shall be so compensated, will be submitted to
the electors of such city at said election. Every person enti-
tled to vote at said election shall be entitled to cast a vote upon
the question whether or not said aldermen shall be so compen-

Quesuon of sated by said city. The question whether or not said aldermen

compensa-

SubmutS 8"^" receive such compensation shall be submitted to the
selectors, gjectors thereof in the same manner as other propositions or
questions are submitted as provided by the election law. If
a majority of said electors vote in favor thereof, then the pro-
visions hereof as to the salary of the aldermen shall become
operative. Such compensation shall be fixed before the elec-
tion or appointment of any officer and shall not be changed
during his term, and none of said officers shall receive for him-
self other fees, compensation or perquisites, except as otherwise
provided for by this charter,
city s 57. The office of the city treasurer shall be kept in some

treasurer *^

oflkS!'^" central and convenient place in said city, to be approved by
the common council, and shall be kept open on each day in the
year, Sundays, election days and legal holidays excepted from
nine o'clock in the morning until five o'clock in the afternoon,
or at such hours as the common council may direct. It shall be
Torocrtre his duty, personally, to receive all county, city and local taxes
asHei^ or assessments which may be paid at his office, and to retain

menta.

there, and not elsewhere, the possession of all warrants and

222.] ONE HUNDRED AND TWENTY-FIRST SESSION. 599

assessment rolls which may from time to time be delivered to
him by supervisors, op by the board of supervisors, or by the SSfi.
clerk of the city; he shall enter daily, in suitable books, the sum
received by him for taxes or otherwise, with the name of the
persons on whose account and on what account the same is paid,
and shall, when required, exhibit the same in his office to the
mayor and committee of finances for inspection; he shall be the
chief fiscal officer of the said city; he shall be the general cus- ^5J***»"
todian of and be responsible, with his sureties, for all the Soifeyi,eta
moneys, bonds, obligations or other evidences of debt belong-
ing to said city; he shall receive all moneys belonging to the
city; and shall keep an account of all receipts and expendi-
tures, in such manner as the common council shall direct,
and it shall be his duty to make a written or printed
report to the common council of the condition of the
city finances quarterly, namely, at its first meetings in Quwrteriy
January, April, July, and October, showing in said reports
the true financial condition of the city on the beginning of the
first day of said months respectively, giving the debt and lia-
bilities of the city in detail, and when and for what contracted,
as well as the moneys in the treasury, and to what particular
funds they belong and the sources from which these moneys
shall have been received. He shall verify said report by his
affidavit appended thereto, stating that the same and every
portion thereof is correct and true, to the best of his knowl-
edge and belief; and it shall be the duty of the common council
to cause the same to be published in the official paper of the Pabiication
city, with and as a part of the proceedings of the meeting of the
common council at which said report was presented, and there-
upon refer the same to its finance committee, which shall forth- JJ^^J^
with carefully examine the same and the account books, toSSSSSo
vouchers, bank books, certified by bank officers, and moneys in
the hands of said treasurer and report thereon as to the
correctness of said treasurer's report, on or before the
last meeting of said common council in the said months
of January, April, July and October, respectively. All
moneys drawn from the treasury, except the union school £>5JJiJ>
moneys, shall be drawn in pursuance of an order of S^™ J©?^
the common council, by warrant, signed by the clerk and
countersigned by the mayor; said warrant shall specify from

600 LAWS OF JS^EW YORK. [Cuai-.

what fund and for what purpose the amount mentioned therein
uSfSaeSI ^ is to be paid. He shall perform ail the duties hereinafter men-
tioned in and pertaining to the collection of taxes and tax sales,
and such other duties pertaining thereto and to the finances
of the city as the common council may direct. He shall re-
oompenaar eeive for all his services to said city a compensation of one
thousand five hundred dollars per annum, and in addition
thereto, two hundred and fifty dollars per annum as an allow-
ance for office rent until such time as the city shall provide him
of^Sl"^" with an office. All fees, percentages or interest moneys re-
ceived by the treasurer, including all interest moneys, which
he may receive for the use of moneys in his hands, shall be paid
by him into the treasury of the city, except the fees for tax
searches as hereinafter provided. He shall also be the col-
lector of county taxes in said city,
oveweerof g 02. It shall be the duty of the overseer of the poor person-
JSweJi"** ally to investigate the character, habits, location of residence,
conditions and necessities of all applicants for assistance and
relief, the results of which shall be recorded in a proper book
to be kept for that purpose. He shall not allow or pay any
bill, account or claim for supplies furnished by any dealer, mer-
chant or other person, unless the claimant, his agent or legal
representative annex thereto an aflidavit of such claimant,
agent or representative, stating that the bill or account is just
and correct, that the items charged therein and specified in each
accompanying order for supplies or relief have been in fact and
good faith furnished by the claimant to the person named in
the order and to no other person, and that no part thereof has
been paid or satisfied, and that there are no offsets thereto;
nor for compensation, expenses or services, unless the affidavit
shall state that the account is just and correct and that no part
thereof has been paid or satisfied, and there are no offsets
thereto. He shall take up and preserve all orders, bills, ac-
counts and vouchers of his expenditures and payments, and
exhibit the same with his books and files to the common
Report. council whenever directed so to do. He shall report
to the common council at its first meetings in January,
April, July, and October, in each year, a detailed state-
ment of all his receipts and disbursements for the three
months next preceding that in which such report is made,

222.] ONE HUNDRED AND TWENTY-FIRST SESSION. 601

showing the money on hand at the beginning and end of the
quarter, and date and amount of each order or payment for
temporary relief, and the person to whom made or given, and
all his other disbursements in like detail. Said report shall
be verified by his oath taken before some proper oflflcer, that
the same is, and the items thereof are, correct to the best of
his knowledge and belief. If said report is not sufficiently
explicit the common council may call for a further report, which
the overseer shall immediately furnish. Except as herein other- to ^^ve
wise provided, said overseer shall have the same powers and ^^"^'
duties, liabilities and responsibilities, as overseers of the poor °''®"®®^
in the towns of Niagara county, in all matters pertaining to
the maintenance and support of the poor in said city, and as
to those matters the city shall be regarded as a town of said
county. Upon receiving said report the common council shall council to

examine

refer it to some proper committee, which shall proceed without J^^
delay to carefully investigate and examine said report and the
vouchers thereof, and the books of said overseer; and for that
purpose the committee shall have power to send for persons
or papers, and examine said overseer and any other person or
persons, under oath, in respect to any matter or thing in the
premises. Such committee shall report to the common council,
favorably or adversely, in whole or in part, with its reasons
and recommendations, and the common council shall thereupon
proceed to consider and audit the account of said overseer, and
shall have all the powers, duties and responsibilities of a board
of town auditors in the premises. The affidavits annexed to
said overseer's report, or to any of said bills, accounts or vouch-
ers, shall not be conclusive upon the common council in case
it shall appear that any claim or item in said report is illegal,
unjust or improper, in whole or in part, but in such case such
item or portion thereof shall be disallowed, and said overseer
and his surety shall be liable for the amount thereof. The publication

of report of

common council shall cause each of said reports of the over- overaew.
seer of the poor to be published in full, except the names of the
persons to whom orders for temporary relief were given, as a
part of the proceedings of the meeting at which the same is
made.

§ 104. There shall be a fire department in said city for the di"artment
prevention and extinguishment of fires. It shall consist of ®"°®"'

602

LAWS OP NEW YORK.

[Ohap.

PI re com-
panles. Are
men, etc.

Board of

flrecom-

mlwloners,

how

coiutitutecL

Organlsa-
Uou.

Meeting*.

Quoniin.

Cltj cleric
shall be
px officio
clerk of the
board.

His dtttlet.

four flire commissioners, a chief engineer, a first assistant engi-
neer, a second assistant engineer, a superintendent of fire
alarm, a fire warden, such employees and subordinates as may
be found necessary from time to time, and a competent num-
. ber of able-bodied firemen, inhabitants of said city, who shall
be organized into companies not exceeding six in number. At
the first regular meeting of the common council, in January,
nineteen hundred and one, or as soon thereafter as may be the
mayor shall appoint two fire commissioners, who with the two
fire commissioners whose terms have not expired shall consti-
tute the board of fire commissioners, and be the head of the
fire department. Two of those commissioners shall be
selected from one of the two principal political parties then
existing, and the other two shall be selected from the other of
said principal political parties. One of the four commissioners
shall be an honorably discharged fireman. Annually there-
after the mayor shall appoint two fire commissioners to serve
two years. Such appointments shall be so made that at all
times the nonpartisan character of the board, as herein con-
templated, shall be preserved, and so that an honorably dis-
charged fireman shall at all times be a member thereof. The
terms of office of each of said other officers of the fire depart-
ment shall be one year. The fire commissioners thus appointed
shall meet within one week thereafter and organize by electing
one of their number president. After organizing the board shall
hold at least one regular meeting in each month, at the com-
mon council rooms, or at such other place as it may select. It
shall make rules to govern its proceedings, and* three commis-
sioners shall be a quorum for the transaction of business at
the meetings of said board. No fire commissioner shall receive
compensation for his services, nor be interested in the purchase,
sale or leasing of lands for the use of the fire department nor
in the construction or repair of engine or other houses there-
for, nor in the purchase or sale of apparatus, supplies or prop-
erty of any kind for the use of the fire department. A wilful
violation hereof shall be a misdemeanor. The city clerk shall
be ex officio clerk of the board of fire commissioners. He shall
attend the meetings thereof, keep full minutes of all its pro-
ceedings in proper books to be provided therefor, file and care-
fully preserve all accounts, papers and documents relating to

222.] ONE HUNDRED AND TWENTY-FIRST SESSION. 603

the bnsiness of said department, and perform such other cleri-
cal services as may be required by the board. He shall not
receive additional compensation for said services. All claims whire*'
against said city growing out of or in any way arising from the ^^®*®"*^
operation, management and maintenance of the fire department
shall be presented to the board of fire commissioners for ex-
amination and approval before the same shall be presented to
the common council for audit. The board shall not order the
expenditure of any money or make any contract except by a 5JJJ,°TOn.
majority vote of all its members, which vote shall be taken by ^•*^'^ *''*'•
yeas and nays and entered in the minutes. No expenditure or
contract involving the expenditure of a sum in excess of two
hundred and fifty dollars shall be made without the consent
of the common council, and before the board shall enter into
a contract for the performance of any work, the expense of
which shall exceed the sum of two hundred and fifty dollars,
it shall, after having obtained the common council's consent,
cause a notice to be published in three successive numbers of PuwicatioD

of notice

the official paper, inviting proposals for the same, according to JJoposaia.
plans and specifications then on file in its office, and such con-
tract shall be let to the lowest bidder, who shall furnish satis-
factory security for its faithful performance, unless the board
reject all bids therefor, which it may do. The board shall, on or
before the first day of August, in each year, make and present AnnDai

estimate.

to the common council a certified written estimate of the cost
of maintaining and operating the fire department for the ensu-
ing fiscal year, and the sum so certified, which shall not be Amount

" ' certified to

more than eight thousand seven hundred dollars, shall be in- ^JSJ^J^y***
eluded in the next general city tax levy and constitute the fire
fund. The city treasurer shall pay money therefrom only as
directed by the common council. The board shall not create
any debt or pecuniary obligation or liability whatever against
the city, on account of the fire department, or otherwise, which
shall not be payable in the current fiscal year, and cannot be
discharged and paid from the income of the same year; any fire
commissioner wilfully voting therefor when said fund is ex-
hausted shall be guilty of a misdemeanor. At some regular
meeting of the common council in each of the months of
January, April, July and October in each vear, and at such other Quarterly

*' reports to

times as the common council may require, the board shall report ^^^

604 LAWS OF NEW YORK. [Chap.

in writing to the common council, showing the amount of money

in the fire fund at the beginning and at the end of the three

months next preceding the month in which said report shall

be made, and the expenditure in detail made by the bi>ard

during said period. Said January and July reports shall

also state fully the condition of the department as to the

efiicieney and discipline of the several companies, the number

and origin of the fires occurring during the year, and any other

pertinent matters. They shall be accompanied by a complete

inrentory. inventory of all property of the department then on hand, with

a statement of its condition. Said reports and inventory shall

o?w^*u'' be filed with the city clerk, and said reports shall be immedi-

S?cntory. atcly published by the common council as a part of its

liroceedings.
SaMto . § 1^^- -^t some regular meeting of the common coun-
ll^ou cil, in the months of January, April, July and October

council.

m each year, and at such other time as the common
council may require, the water board shall report to
the common council a statement of the condition of the
water works and the receipts and expenditures of the water
board Tor the three months next preceding the first day of the

o"reportI°" month in which such report is made. The common council shall
publish such report as a part of its proceedings.

piyfappii?' § ^^^' Applications for water shall be made to the water

cfttionufor. j^^^rd, and shall be for the period of one year, commencing
either on the first day of July or on the first day of January

ntit next following the date of application. All water rates not
exceeding ten dollars shall be payable on the first day of July,
in each year, or at the time when applications for water shall be
made. All water rates exceeding ten dollars shall be payable
half yearly in advance on the first day of July and of January
in each year. The applicant, if rate exceed ten dollars, at the
time of applying shall pay to' such person as may be desig-
nated by the water board to receive the same, six months'
water rate, and in case he shall desire to use the water
before said first day of July or January, as the case may be, he
shall also pay in addition thereto a pro rata water rate for such
time as said applicant shall desire to use the water prior to
said day. The person designated by the water board to receive
said money shall immediately upon the receipt thereof rei)ort and

222.] ONE HUNDRED AND TWENTY-PIRST SESSION. 605

pay the same to the city treasurer, specifying from whom and
the premises for which the payment is made. All water rates JJ^JJfrom
received by the city treasurer shall be placed to the credit of applied.
the water fund. It shall be the duty of the city clerk to per-
form all the clerical labor of making out the water rolls and
serving the notice of their completion.

§ 146. On the last day of December, and the last day of semii.^^
June in each year, the water board shall deliver to J^^IX"'
the city treasurer a certified list of all the water rates'*^
due for the next succeeding six months, showing briefly
the several persons and premises from whom and whence the
same are payable respectively; and the water board on the
same day shall notify the several persons named in said list,
from whom such rates are due, of the amount due from each re-
spectively, and that the same may be paid within ten days from
that date, to the city treasurer without fees; and that from and
after the expiration of the said ten days, ten per centum fees
will be added thereto, and be collectible therewith; and in case how

' ' collected.

of such failure to pay within said ten days, said water board
are hereby empowered to and shall add ten per centum fees
to each of said unpaid water rates. Said notices
shall be written or printed, and shall be addressed to
each user of water, by his name, at the street and number in
said city where the water shall be used, and be prepaid, and
be deposited in the post office in said city. In case of a change
in the person or firm using the water, it shall be the duty of the
successor to notify the water board thereof, forthwith, and if
such notice be not given, a notice by the water board as above,
addressed to the applicant, or the person who paid the last
previous water rate for the premises in question shall be a full
and sufficient notice under this section.

§ 2. Section two hundred seventy-nine of said act is hereby section

, _ repealed.

repealed.

§ 3. The common council is hereby authorized and empow- General
ered to raise by general tax levy in said city during the year
nineteen hundred and two, a sum not exceeding twelve thou-
sand one hundred dollars in addition to the sum provided to be
raised by general tax under section two thirty-one of
title fourteen of the city charter of the city of Lockport; such tox^*hSS*'
additional moneys shall be placed by the city treasurer to the ^^^^^

606 LAWS OF KEW YOKK. [i'liAi-.

credit of the following funds, namely: Not exceeding two
thousand five hundred dollars thereof to the credit of the salarv
and contingent fund; not exceeding two thousand dollars thereof
to the credit of the police fund; not exceeding one thousand
dollars thereof to the credit of the fire fund; not exceeding
three thousand five hundred dollars thereof to the credit of
the street lighting fund; not exceeding three hundred fifty dol-
lars thereof to the credit of the health fund; not exceeding two
hundred dollars thereof to the credit of the plumbing fund; not
exceeding two thousand dollars thereof to the credit of the
highway fund; not exceeding four hundred dollars thereof to
the credit of the cross-walk fund; not exceeding one hundred
and fifty dollars thereof to the credit of the bridge, culvert and
reservoir fund; the moneys provided to be raised by general
tax levy, pursuant to section two thirty-one, title fourteen,
of said city charter, shall not be available for use until the
beginning of the fiscal year, January first, nineteen hundred and
three.
§ 4. This act shall take effect immediately.

Chap. 223.

AN ACT to authorize the city of Lockport to borrow money, by
the issue of bonds, for the building and furnishing of a school-
house on William street in said city.

Accepted by the city.

Became a law, March 2G, 1902, with the approval of the Governor. Passed.

three-fifths being present.

The People of the State of New York^ represented in Senate a*td
Assembly, do enact as follows:

cornmon * Sectiou 1. The city of Lockport, by its common council, shall
have authority, and when requested so to do by the board of
education of said city, it shall be its duty, to cause registered
or coupon bonds of said city to be issued in the name and upon
the faith and credit of said city, which said bonds shall be sealed
by the city seal, and signed by the mayor and city clerk, in a
sum not exceeding fifteen thousand dollars, bearing annual

intewrt; interest at a rate not exceeding four per centum per annum.

authorlECd
to iMue
bonds.

223.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 607

The principal of said bonds shall be payable in fifteen equal, ^^Jn "^
successive, annual installments from the date thereof, at the »'*y*^*®'
office of the city treasurer, or at some bank within the city.

§ 2. Upon the issue of said bonds, the city treasurer of the ^^ >»o^
city of Lockport shall suitably advertise for proposals for the
purchase of the same, and he shall sell them to the party or
parties offering to pay the highest price therefor, but at not
less than their par value. The said treasurer shall keep in his S^Rurerto
office a record of all bonds sold hereunder, by number, date, St bonS°'**

sold.

amount, and name of payees, subject at all reasonable times to
the inspection of the mayor and common council, or any tax-
payer of the school districts hereinafter mentioned. The pro-
ceeds arising from such sale shall be, by said city treasurer,
forthwith paid over to the treasurer of the board of education
of said city of Lockport. Said board of education shall have the
power, and it shall be their duty, to require their said treasurer 5^^,!? of
to execute an additional bond, in form similar to his present toe^ute

oddltlanal

official bond, in a sum and with sureties approved by said board, ^^^
for the faithful holding, paying and accounting for such moneys.

§ 3. The moneys so realized from the sale of said bonds issued, hSw®****'
or so much thereof as may be necessary, shall be used and
applied by and under the direction of said board of education,
for the erection and completion of a school building and appur-
tenances together with the necessary heating and ventilating
apparatus, and furnishings for the same, upon the site now
owned by said board of education on William street in said
city of Lockport.

§ 4. The common council of the city of Lockport is hereby tS^^
authorized to, and shall include in the annual tax levy of said iS^annSii

tax toyjr.

city, in addition to other sums now or which may then be author-
ized to be raised therein in any one year, the amount necessary
to pay said bonds and the interest thereon, as the same shall
become due as above provided, the same to be levied and col-
lected of all the taxable property, real and personal, in primary
school districts numbers six and seven of said city. The amount
so levied for the payment of said bonds and interest shall not be
applied to or be used for any other purpose whatever,
§ 5. This act shall take effect immediately.

608 LAWS OF NEW YORK. [Chap.

AN ACT to amend chapter thirty of the laws of eighteen hnn-
dred and eighty-five, entitled "An act to amend, revise and
consolidate the several acts relating to the village of Oneonta,
In the county of Otsego,*' and the several acts amendatory
thereof, in relation to street surface railroads.

Became a law, March 26, 1902, with the approval of the Governor. Passed.

a majority being present

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

^^€A. Section 1. Chapter thirty of the laws of eighteen hundred
and eighty-five, entitled "An act to amend, revise and consoli-
date the several acts relating to the village of Oneonta, in the
county of Otsego," and the several acts amendatory thereof,
are hereby amended by adding thereto and inserting between
sections thirty-six and thirty-seven thereof a new section to be
known and designated as section thirty-six-a as follows:
55*emra?' § 36-a. Tho whole or any part of the cost and expense of
K?J2?^'* pavement and repairs between the tracks, the rails of the tracks

tracks of

«'«««'»"- and two feet in width outside of the tracks of any street surface

road to be *'

lS!S?iM*and railroad corporation using its tracks in any street, avenue or
from such pubHc placc iu the village heretofore or hereafter incurred by

railroad r xr c

TOrporar ^hc Village after failure of such corporation or corporations to

pave or repair on any such street, avenue or public place within
thirty days after notice so to do from the board of trustees
or in its behalf and by its authority may after payment thereof
by the village be assessed against and collected from such cor-
poration or corporations and all franchises and property thereof
in or upon all the streets, avenues and public places of
the village in the same manner as assessments are made against
and collected from abutting property owners for pavement and

Franehiaa all the franchises and property of any such street surface rail-
may b« sold , ,

SS«Sameiit. ^^^^ Corporation or corporations m or upon all the streets,
avenues and public places of the village may be sold to collect
such assessment or assessments in the same manner as pro-
vided for the sale of real property to collect other taxes in the
village and all the provisions of law applicable to the collection
of taxes by a sale of real property in the village of Oneonta

225.] ONE HUNDRED AND TWENTY-PIPTH SESSION. ' 609

are hereby made applicable to the collection of such assessment
or assessments herein provided for except that notice of sale saV^how
may be served personally on such company or companies instead
of being posted upon the property to be sold and such assess-
ment or assessments when so made shall be a first lien superior
to any lien by mortgage, judgment or otherwise except the
lien of an existing tax on all the franchises and property of
such corporation or corporations in or upon all the streets,
avenues and public places of the village and nothing herein
contained shall in any way impair any other remedy or remedies
at law or otherwise for the collection of such cost and expense
of such repairs and pavement or any part thereof or for the
collection of any part thereof not realized by a sale as herein
provided.

§ 2. This aot shall take effect immediately.

AN AOT to amend section seventeen of the railroad law in rela-
tion to railroads in foreign countries.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority belns? present

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

Section 1. Section seventeen of the railroad law is hereby
amended so as to read as follows:

§ 17. Bailroadfl in other countries. — A railroad corporation
may be formed under this chapter for the purpose of construc-
ting, maintaining and operating in any foreign country a rail-
road for public use in the transportation of persons and prop-
erty, or for the purpose of inaintaining and operating therein
any railroad already constructed, in whole or in part, for the
like public use, and of constructing, maintaining and operating,
in connection therewith, telegraph lines and lines of steam-
boats or sailing vessels. Any corporation formed for the con-
struction and operation of a railroad by stationary power, may
construct, operate and maintain a railroad in any other state

610 LAWS OP NEW YORK. [Chap.

or country, if not in conflict with the laws thereof, but the
assent of the inventors or patentees of the method of propul-
sion used must be first obtained in the same manner and to the
same extent as would be necessary within the United States.
The term " foreign " in this and the next two sections of this
law shall include Porto Bico.
§ 2. This act shall take effect immediately*

AN ACT to amend the railroad law, in relation to extending
street surface railroads on routes parallel with the lines of
other street surface railroads.

Became a law, March 26, 1902, with the approyal of the Governor. Passed,

three-fifths being present.

The People of the State of New Yorh^ represented in Senate and
'Assembly y do enact as follows:

Section 1. Section fifty-nine-a of chapter five hundred and
sixty-five of the laws of eighteen hundred and ninety, entitled
"An act in relation to railroads, constituting chapter thirty-nine
of the general laws," as amended by chapter six hundred and
forty-three of the laws of eighteen hundred and ninety-eight,
is hereby amended to read as follows:

§ 69-a. Eailroad commissioners may certify part of the route
of a street surface railroad; power to revoke certificates; street
surface railroad extension. — ^Whenever application is made by
a street surface railroad company for a certificate of public
convenience and a necessity as required by the provisions of
the foregoing section, and it shall appear to the board of rail-
road commissioners, after examination of the proposed route
of the applicant company that public convenience and a neces-
sity do not require the construction of said railroad as proposed
in its articles of association but do require the construction of
a part of the said railroad, the board of railroad commissioners
may issue its certificate for the construction of such part of
the said railroad as seems to it to be required by public con-
venience and a necessity. In case any railroad company which
shall hereafter obtain the certificate of the board of railroad
commissioners that public convenience and a necessity require

227.] ONE HUNDBED AND TWENTYPIPTH SESSION. 611

the construction of the whole or a part of the said railroad shall
fail to begin such construction within two years from the date
of the issuing of said certificate, the board of railroad commis-
Bioners may inquire into the reason for such failure and the
said board may revoke said certificate if it shall appear to it
to be in the publio interest so to do. Any street surface rail-
road company which proposes to extend its road beyond the
limits of any city or incorporated village by a route which will
be practically parallel with a street surface railroad already
constructed and in operation shall first obtain the certificate
of the board of railroad commissioners that public convenience
and a necessity require the construction of such extension as
provided in the case of a railroad corporation newly formed.
Before making application for such certificate the corporation
shall cause to be advertised the route of the proposed extension
in one or more newspapers in each county in which such ex-
tension is to be constructed, at least once a week for three suc-
cessive weeks, and shall file satisfactory proof of such publica-
tion with the board of railroad commissioners. Nothing in this
section shall prevent street railroad companies from making
extensions within the limits of cities or incorporated villages
upon compliance with the provisions of law now applicable
thereto.
§ 2. This act shall take effect immediately.

Chap. 227.

AN ACJT relative to a public school teachers* retirement fund in

the city of Poughkeepsie.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths bclDg present.

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

Section 1. The board of education of the city of Poughkeepsie f^^^
is hereby given the general care and management of the public {SireSJ'm
school teachers' retirement fund created by this act. The city cheated,
treasurer of the city of Poughkeepsie shall hold all moneys be-

612

LAWS OP NEW YORK.

[Chap.

Board of
education
shall have
charge of
fund.

Annual
report of
city
treagurer.

Fond, how
oompoeed.

longing to said fund and by the direction of the board of educa-
tion shall invest and pay out the same. The board of education
shall have charge of and administer said public school teach-
ers' retirement fund as it shall deem most beneficial, and is em-
powered to make all necessary contracts and take all neces-
sary and proper action and proceedings in the premises and to
make payments from said fund of annuities granted in pur-
suance of this act; and shall from time to time establish such
rules and regulations for the administration of such fund as it
shall deem best. The city treasurer of the city of Poughkeep-
sie shall report in detail to the common council of the city of
Poughkeepsie annually at its last meeting in each year, the con-
dition of said fund, and the items of the receipts and disburse-
ments on account of the same. The public school teachers'
retirement fund herein provided for shall consist of the follow-
ing with the interest and income thereof:

1. All money, pay, compensation or salary, or any part
thereof forfeited, deducted or withheld for or on account of
absence from duty for any cause. The clerk of the board of
education shall certify monthly to the said city treasurer the
amounts so deducted from the salaries of teachers during the
preceding month.

2. All moneys received from donations, legacies, gifts, be-
quests or otherwise for and on account of said fund.

3. The board of education shall on and after January first,
nineteen hundred and three, reserve monthly and turn over to
said fund two per centum of the salaries paid each month to
the teachers who shall, prior to that date elect in writing to
come under the provisions of this act; and the board of educa-
tion shall also reserve monthly and turn into said fund two per
centum of the salaries paid each month to all teachers ap-
pointed after January first, nineteen hundred and three.

4. The common council of the city of Poughkeepsie is hereby
empowered and authorized to raise by general tax in the man-
ner and at the time provided for in section sixty-six of chapter
six hundred and fifty-nine of the laws of nineteen hundred, an
annual sum not exceeding twelve hundred dollars per annum,
which shall be turned into said fund.

5. All such other methods of increasement as may be duly
and legally devised for the increase of said fund.

228.] ONE HUNDRED AND TWENTY-FIPTH SESSION. 613

The board of educatioD may retire from active service, any J^'^^^J
teacher now in its employ, who has elected to come
under the provisions of this act; or who shall be appointed oa
or after January first, nineteen hundred and three, who has
taught not less than twenty-five years, of which twenty immedi-
ately, preceding the proposed retirement shall have been in
the public schools of the city of Poughkeepsie. Each and
every teacher retired under the foregoing clause, shall receive
during life, an annual allowance of three hundred dollars, to auowSic..
be paid in equal quarterly installments; whenever the amount °* *******
in the retirement fund herein provided for shall not hv suffi-
cient in any year to pay the allowances heretofore specified,
payments shall be made in due proportion to the amount in the
retirement fund applicable to that purpose. The board of edu-
cation is hereby given the power to use both the principal and
income on said fund and to manage, accumulate and control
the same as said board shall provide by its by-laws.

S 2. In case any teacher who is at the time of the passage Reimburse
of this act, or may hereafter be in the employ of the board of ^ShSS*^
education shall be removed or discharged as such, all percent-
ages from his or her salary paid into said public school teach-
ers' retirement fund, shall be reimbursed to him or her.

§ 3. All acts and parts of acts, inconsistent with this act are BepeaL
hereby repealed.

§ 4. This act shall take effect immediately.

AN ACT to amend chapter four hundred and twenty-five of the
laws of eighteen hundred and ninety-six, entitled ''An act to
amend the charter of the city of Poughkeepsie," relative to
the city library and the qualifications of jurors.

Accepted by the c!ty.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and
Assemhlf/f do enact as follows:

Section 1. Section one hundred and eighty-six of chapter four
hundred and twenty-five, of the laws of eighteen hundred and
ninety-six, entitled "An act to amend the charter of the city

614 LAWS OP NEW YORK. [Chap.

of Ponghkeepsie " as amended by chapter six hundred and fifty-
nine of the laws of nineteen hundred, is hereby amended by
adding the following subdivision to said section:
TOwewS 7. In addition to the foregoing powers, the usual powers of
trustees a corporatiou for public purposes are hereby conferred upon the
said board of trustees of the city library, to take, accept and
execute any trust or power for the benefit of said city library
that may be conferred upon, intrusted or committed to it by
any person or persons by grant, transfer, bequest, gift or other-
wise, and to receive, take and hold any property which may be
the subject of any such trust.

§ 2. Section one hundred and ninety-two of said chapter, as
amended by chapter six hundred and fifty-nine of the laws of
nineteen hundred, and chapter two hundred and four of the
laws of nineteen hundred and one, is hereby amended to read
as follows:
^'ttfor § ^^^' Every person elected or appointed to any office under
this act who shall be made a party to any action or special
proceeding in any court, for any act done or omitted to be done
in virtue of his office, and who shall have a final judgment ren-
dered in his favor in such action, or in whose favor a final order
is made in such special proceeding, whereby he shall be entitled
to costs, shall recover double costs. No person shall be dis-
qualified from acting as judge, witness or juror, by reason of
his being a resident, inhabitant or freeholder in said city of
Poughkeepsie in any action or ijroceeding in which the city of
Ponghkeepsie is a party.
§ 3. This act shall take effect immediately.

offlcen.

Chap. 229.

AN ACT anthorizing the sale of land owned and possessed by

the city of Poughkeepsie, New York.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the Governor. Passed.

three-fifths being present.

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

^^bSkta Section 1. The city of Poughkeepsie is authorized and em-
powered to grant and convey by proper deed, executed by the

thorlaed to
•ell land.

230.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 615

mayor of the city of Poughkeepsie, whenever directed so to do
by resolution of the common council of said city, upon consider-
ation and condition to be flxed by said common council, all the
right, title and interest which said city of Poughkeepsie has in
and to the following described premises: All that tract or
parcel of land situate, lying and being in the city of Poughkeep-
sie and generally bounded and described as follows, namely t
Beginning at a point in the north line of Dock street in line
with the westerly face of the rock bluff, at high water mark,
on the easterly bank of the Hudson river; thence easterly in the
north line of Dock street fifty feet to a point; thence southerly
at a right angle with the said north line of Dock street fifty
feet to a point in the south line of said Dock street; thence
westerly along the said south line of Dock street io said high
water mark on the easterly shore of the Hudson river; thence
northerly along said high water mark to the place of beginning.
§ 2. This aot shall take effect immediately.

Ctiap. 230.

AN AOT to amend chapter three hundred and forty-five of the
laws of eighteen hundred and sixty-nine, 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," in relation to the election of
trustees.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section two of chapter three hundred and forty- Aot
five of the laws of eighteen hundred and sixty-nine, entitled
"An act authorizing the town of Leicester, in the county of
Livingston, to purchase additional land to enlarge their bury-
ing-ground near the village of Moscow, is hereby amended to
read as follows :

§ 2. The terms of the cemetery trustee or trustees of the 2?S!ra^S
town of Leicester in the county of Livingston, which have not '™*****
expired on the first day of April, nineteen hundred and three,

Tannicf

616 LAWS OF NEW YORK. [Chap.

5SS2'*' 8^all expire on that date. At the annual town meeting held in
such town in the year nineteen hundred and three, there
shall be elected three cemetery trustees, one to hold office for
a term of two years, one for a term of four years and one for
a term of six years, from and including the first day of April
succeeding the election, and at each biennial town meeting
thereafter there shall be elected one trustee to hold office for
a term of six years from and including the first day of April

▼aesnciM, succoediug his election. If a vacancy shall occur otherwise
than by expiration of term in the office of any such trustee, the
town board shall fill the same until the first day of April suc-
ceeding the next biennial town meeting, at which town meet-
ing such vacancy shall be filled for the balance of the unexpired
term. Such trustees and their successors in office, shall have
power, with the consent of the town, to make the purchase and
take the general charge of all the burying-grounds in the town,
and make all necessary improvements and appoint all necessary
sextons.
§ 2. This act shall take effect immediately.

Chap. 231.

AN ACT to amend chapter one hundred and five of the laws of
eighteen hundred and ninety-one, entitled ''An act to revise
the charter of the city of Buffalo," and the several acts amen-
datory thereof and supplementary thereto, in relation to the
legislative department and department of finance.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

chartOT Section 1. Section fourteen of chapter one hundred and five

amended. ^^ ^^^ j^^^ ^^ eighteen hundred and ninety-one, entitled "An act

to revise the charter of the city of Buffalo," is hereby amended

to read as follows:
ho^f- 5 14. The common council may authorize the comptroller to
fuiKL open an account upon the books of his officci to be called the

231.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 617

local redemption fund. The comptroller shall, from time to time,
transfer to such fund all the balances to the credit of local as-
sessments levied on account of any local improvements ordered
more than six years previous thereto, and may draw orders on
such local redemption fund for the payment of any outstanding
warrants drawn against assessments so transferred upon the sur-
render and cancellation of such outstanding warrants, or in case
of loss or destruction thereof, upon filing a bond of indemnity to
the city therefor. It may also empower the comptroller to close SJSJuutZ'
specified accounts on his books by charging the same to the
profit and loss account. Such authority shall be given only upon
his written request, specifying the account and the reason for
such action. It may authorize an issue of bonds to an amount S?de?mSfg
not exceeding one million five hundred thousand dollars, for the ''*"^*^
purpose of raising money to take up and pay all outstanding
warrants heretofore issued in payment of any local work or im-
provement. Such bonds shall be payable at such time or times
as the common council may prescribe, and shall bear interest
not to exceed four per centum per annum. All moneys realized j^^gJJJJJ
on account of local assessments or from sales for non-payment
of the same, or from redemption or assignment of certificates of
sales therefor,and all additions to and interest upon local assess-
ments shall be paid into said local redemption fund, and such
moneys when so realized shall be used and are hereby pledged ^^^
for the payment of any bonds of the city issued for the purpose
of redeeming warrants and of raising money to pay for any local
work or improvement for the payment of which such bonds were
issued.

§ 2. Section sixty-eight of chapter one hundred and five of the
laws of eighteen hundred and ninety-one is hereby amended to
read as follows:

8 68. The comptroller, on or before the first day of March in Anmiai

o r 7 ^ estimate of

each year, shall also present to the board of aldermen an esti- JoTidS?"**
mate of the amount necessaiy to be raised by general tax to ™®°'
carry on the city government, and to meet all the expenses and
liabilities of the city for the next fiscal year, specifying in detail,
and under separate and appropriate heads, the amount estimated
for each department, or each office, or other purpose. In such ^^* '«
estimate shall be included at least one hundred thousand dollars
of the principal and the interest of the bonded debt of the city,

618 LAWS OF NEW YORK. [Chap.

dae or to fall due within the next fiscal year. The comptroller
is hereby permitted and directed to credit, apply and use all
"a?S3, premium moneys heretofore realized upon the sale of bonds now
applied. credited to the local redemption fond of said city, as a resource
of the city in the annual estimates of the city. Hereafter all
premiums realized upon the sale of bonds shall be used and ap-
plied as a resource of the city in the annual estimates.
§ 3. This act shall take effect immediately.

AN ACT to amend the forest, fish and game law in relation to
fishing through the ice in certain waters.

Became a law, March 26, 1002, with the approval of the Governor. Passed,

three-fifths being present.

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

Art Section 1. Section fifty-nine of chapter twenty of the laws of

nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws " is hereby amended to read as follows:

§ 59. Exceptions to last section. — Bullheads, catfish, eels,
perch and sunfish, and except during the months of March and
April pickerel may be taken through the ice with a hook and
line or tip-up in Lake Keuka or Crooked lake, Queechy lake, or
the waters of Sullivan, not inhabited by trout, and in Lake
Neatahwanta, Oswego county; in Owasco lake from the head
thereof to a line running across the lake from a ravine just
south of the cottage now owned by E. 0. Pulver on the west
shore to the ravine just north of the cottage now owned by
James Foster on the east shore thereof, and in Honeoye lake,
Canadice lake and Ck>nesus lake except in March and April; and
by set lines through the ice in the Susquehanna river, and in the
Chenango and Unadilla rivers and their tributaries in Chenango
oounty during the same time.

§ 2. This act shall take effect immediately.

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 619

Ctiap. 233.

AN ACT to amend the charter of the city of Johnstown, rela-
tive to improvements payable wholly or partly by local assess-
ments, and to opening, altering, extending and laying out

streets.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. Section seventy-one of chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety-five, enti-
tled "An act to incorporate the city of Johnstown," is hereby
amended to read as follows:

§ 71. Improvements payable wholly or partly by local assess-
ments.— ^The expenses of grading, filling, excavating, graveling,
paving, renewing or repairing, asphalting or macadamizing any
street or portion of a street in said city shall be paid as follows:
The owners of the property fronting or adjoining such street
shall pay two-thirds of the expense of the aforesaid work, from
the curbstone in front of such property to a line to be drawn
two feet outside of the rail of the track of any street
railway located on said street, and the remaining one-third of
such expense shall be paid by the city out of the street fund;
the owner or owners of said street railway shall pay the expense
of said work between two parallel lines to be drawn
two feet outside of each of the outside rails of the track or
tracks of said street railway. Upon any street on or through
which there is no street railway located the owner of the prop-
erty fronting or adjoining such street shall pay two-thirds of
the cost of the aforesaid work from curbstone in front of said
property to the centre line of said street, and one-third shall
be paid by the city out of the street fund. The expense of grad-
ing, filling, excavating, graveling, paving, renewing, asphalting
or macadamizing intersections of streets and repairing pave-
ments and the expense of repairing and ordinary working of all
streets shall be paid by the city out of the street fund, except
that where a street railroad passes over any such intersection

620 LAWS OP NEW YORK. [Chav.

the owner or owners of said street railroad shall pay the ex-
pense of said work between two parallel lines to be drawn
two feet outside of each of the outside rails of the
track or tracks of said street railway. When the entire surface
of a street, or of any block upon any street shall be recovered,
resurfaced or renewed, such work shall not be deemed repair-
ing, under this section, and the expense thereof shall be paid in
the same manner as if the whole was new work, pursuant to
the foregoing provisions of this section. In the assessment for
any improvement as hereinafter provided, and in the payment
and collection of such assessment, the owner or owners of any
street railway, located on any street or portion of a street on
which such improvement is made, shall in all respects be treated
the same as an adjoining property owner on the street, and all
provisions of this act in regard to such assessments, and the
collection thereof from property owners, and the payment by
property owners of the expense of such improvements, shall
apply to such owner or owners of such street railway; and
such owner or owners of any such street railway shall not be
at liberty, without the consent of the common council of the
city, to furnish the materials or do the work for any such
improvement. The expense of constructing sewers in said city
shall be defrayed wholly by local assessment upon the property
benefited thereby, unless the common council shall determine
that the whole or any portion thereof is properly chargeable
against the city at large, when it shall designate by resolution
what part or proportion thereof is so properly chargeable, which
part or proportion so designated, shall be paid by the city at
large out of the sewer fund, and the then remaining portion of
the expense, if any, shall be defrayed by local assessment upon
the property benefited thereby. When the grade of a street has
once been established by the city and such grade recorded and
conformed to in the making of any local improvement, any
change in the grade thereafter made must be made at the ex-
pense of the city.

§ 2. Section seventy-two of said chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety-five, as
amended by chapter one hundred and thirty-four of the laws of
eighteen hundred and ninety-nine^ is hereby amended to read as
lollows:

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 621

§ 72. Declaration of intention to make local improvement. —
No ezpenditnres for any local improyement in said city, the ex-
pense of which is to be defrayed wholly or partly by local as-
sessment, shall be incurred, unless the common council shall
first by resolution declare its intention to make such local im-
provement. The common council may, by resolution, declare its
intention to construct or repair sewers, gutters and sidewalks
or to grade, fill, excavate, gravel, or sprinkle streets without
preliminary petition therefor or consent thereto. The common
council may also, by resolution adopted by the affirmative vote
of at least two-thirds of all the aldermen in office and without
preliminary petition therefor or consent thereto, declare its in-
tention to cause any street, alley, lane, highway or public ground
or place, or any part or parts thereof, in said city to be macadam-
ized or remacadamized with such material and in such man-
ner as it shall prescribe; and, if necessary, to be properly graded
or regraded for the purpose of such macadamizing or remacad-
amizing the same, also, if necessary, to cause curbs and gutters,
or any parts thereof, along the line of such macadamizing or re-
macadamizing to be set or paved, reset, renewed or repaved in
such manner and of such materials as the common council may
direct, such setting or resetting, and renewing of curbs and
gutters, or either, or any part thereof, shall be included in and
become a part of the proceedings and improvements of the
macs^damizing or remacadamizing of any such street, alley, pub-
lic place or way made pursuant to this act, and in making the
assessments as hereinafter provided all the improvements made
as aforesaid shall be included therein. Otherwise, except as
to the improvements mentioned in section eighty-one of this act,
and as to which the provisions of this section are not applicable,
the common council shall not declare its intention to make any
local improvement, the expense of which is to be borne wholly
or partially by local assessment, unless the owners of at least
one-half of the total number of front feet linear measurement,
or at least one-half in number of the owners of property on the
street, or that part of a street, upon which the proposed improve-
ment is to be made, petition therefor or consent thereto in writ-
ing, and a certificate of the city engineer be indorsed thereon or
attached thereto, to the effect that he has examined such peti-
tion or consent, and that such required number of property

622 LAWS OF NEW YORK. [Chap.

owners have signed the same, which certificate shall be prima
facie evidence of the facts therein contained; but the owner or
owners of any street railway shall not be considered or connted
by the city engineer, as owner or owners, in examining the afore-
said petition or consent or making the aforesaid certificate.
Whenever the common council shall deem it necessary to canse
curbs to be set or reset or renewed, or any part thereof, on and
along any street or portion thereof which is to be paved or
asphalted, or on which the pavement or asphalting is to be re-
newed, such setting or resetting or renewing of curbs, or any
part thereof, shall be included in and become a part of the pro-
ceedings and improvements of paving or asphalting, or renew-
ing of the paving or asphalting of such street or part of a street,
and in making the assessments as hereinafter provided such
curbing shall be included therein.

§ 3. Section seventy-three of said chapter five hundred
and sixty-eight of the laws of eighteen hundred and ninety-five,
is hereby amended to read as follows:

§ 73. District of assessment. — After the common council shall
have declared its intention to make any such local improve-
ment, except as to gutters, sidewalks and sprinkling streets,
and except as to any of the improvements mentioned in section
eighty-one of this act, and as to which the provisions of this
section are not applicable, before ordering the same done the
common council shall establish a district of assessment, which
shall contain all the property which, in the judgment of the
common council, is likely to be benefited by such local improve-
ment, and may at any time enlarge said district, and cause
notices to be published and served upon all persons within such
enlargement. As to gutters, sidewalks and sprinkling streets,
the common council may establish a district of assessment or
not in its discretion.

§ 4. Section seventy-four of said chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety -five, is
hereby amended to read as follows:

§ 74. Special provisions as to sewers. — Each resolution of the
common council declaring its intention to construct a sewer
shall specify therein the two points between which it is pro-
posed to construct the same, the size thereof, and the materials
of which it is proposed to be constructed. The city engineer

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 623

shall forthwith, on the passage of any such resolution, make a
survey and prepare a map showing all the property within the
city likely to be benefited by such sewer, and a profile thereof,
and an estimate of the materials required, the total cost of con-
structing such sewer, and shall file such map, profile and esti-
mate with the city clerk before the city clerk shall publish or
serve notices of the proposed construction of such sewer.
The common council may order sewers for the drainage
of streets, cellars, buildings, lots, pools, vaults, or for any other
proper sewerage purpose to be constructed in any street, and,
with the consent of the owners in, upon or across any real prop-
erty outside of a street. If the common council shall declare
its intention to construct any sewer in, upon or across the real
property outside of the streets of said city, and the owners of
such real property shall not consent thereto, and the city is
unable to agree with the owners of such real property upon the
compensation to be made therefor, the common council, in the
name and behalf of the city, may acquire the title, easement or
right in or to such real property for such sewer by condemnation,
in pursuance of the condemnation law, chapter twenty-three of
the code of civil procedure. The costs and expenses of such con-
demnation proceedings, together vnth the compensation paid to
the owner or owners of such real property for such right, title or
easement, shall be a part of the expense of the sewer for which
the land, right or easement was acquired. Such sums for in-
spection of the sewer as the officer making the local assessment
shall allow, based upon the actual cost thereof, shall be included
in the expense of constructing the sewer.

§ 5. Section seventy-six of said chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety-five, is
hereby amended to read as follows:

§ 76. Objections to improvements and decision thereon. — Ob-
jections to such improvement must be made in writing and filed
with the city clerk within the time specified in such notice, and
the common council may, at any rop;ular meeting within two
months after the expiration of such ten days, subject to the
mayor's veto as in other cases, order the improvement to be
made; but the provisions of this section shall not apply to any
of the improvements mentioned in section eighty-one of this

act.

624 LAWS OF NEW YORK. [Chap.

§ 6. Section seventy-seven of said chapter five hundred and
Bixtyeight of the laws of eighteen hundred and ninety-flve, is
hereby amended to read as follows:

§ 77. Expenses, by whom assessed. — Upon the certificate of
the city engineer that the work of any local improvement has
been completed, excepting it be any of the improvements men-
tioned in section eighty-one of this act, as to which the pro-
visions of this section are not applicable, the common council
shall direct the cost thereof to be assessed by the city engineer;
and it shall be the duty of said engineer to immediately
assess the cost of such local improvement upon the property
lying within the district of assessment declared for such im-
provement, if one has been established, and if not, then upon
the property abutting upon such improvement in an equitable
manner, as near as may be, in proportion to the benefits which
each owner of such property may be deemed to derive there-
from, without reference to erections or improvements thereon;
and when such local improvement consists of a sewer across
peal property outside of the streets of said city, and the city has
acquired by purchase or condemnation the title, easement or
right to such real property, said city engineer shall assess such
part or proportion of the eost thereof upon the said
city and such part locally as shall be designated by
the common council. Except as herein otherwise pro-
vided, the cost of any local improvement shall be deemed to
include the entire expense thereof (including inspection), except
the engineering and publishing and serving notices. When the
city engineer is disqualified to act by reason of owning or being
interested in any real property within the district of assessment
or by reason of relationship to any of the parties likely to be
affected by the assessment therein for such local improvement,
by consanguinity or aflSnity, within the sixth degree, to be de-
termined in the same manner as in the case of a judge, or unable
to act, his duties with reference to such assessment shall de-
volve upon and be performed by the city assessor.

§ 7, Section eighty-one of said chapter five hundred and sixty-
eight of the laws of eighteen hundred and ninety-five is hereby
amended to read as follows :

§ 81. Opening, altering, extending and la3ring out streets, et
oetera. — ^The common council shall have power to lay

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 625

out, make, open and construct streets, lanes, highways and
public grounds and places in said city, and to alter,
widen, contract, straighten, extend or discontinue any street,
lane, highway, public ground or place in said city; and whenever
said common council shall have determined to so lay out, make,
open, construct, alter, widen, contract, straighten, extend op
discontinue any street, lane, highway, public ground or place in
said city and to take and appropriate the land necessary for the
same, and shall have determined to assess the expense and
damage incurred and occasioned thereby in the manner herein-
after provided, it shall immediately cause a survey or surveys
and profiles to be made of such street, lane, highway, publio
ground or place, and of the adjoining or abutting premises
affected by such improvement so determined upon, and a map
to be made thereof showing the then situation of the same and
the changes so determined upon, and file the same in the clerk's
office of said city; and for the purpose of making such survey or
surveys said common council and those acting by its direction
shall have power to enter upon any grounds in said city; the
common council shall then give notice of such determination to
the owner or owners of the lands to be taken and appropriated
and affected by said improvement, by publishing the same once
in each week for two consecutive weeks in the official news-
papers of said city; such notice shall specify in general terms
the improvement to be made and shall state that such owner
or owners, on or before a day to be therein specified, may file
their claims for damages, if any they have, on account of such
taking or appropriation and improvement with the clerk of said
city; that such claims shall be in writing, subscribed by the
claimant, and in case any claim for damages shall be filed as
aforesaid the common council will apply, at a time and place to
be specified in said notice, to a special term of the supreme
court of the state of New York in the judicial district in which
said city of Johnstown is situated, or to the county court of
Fulton county, for the appointment of three commissioners to
ascertain and assess the damages so claimed. In case no claim
for damages shall be filed, as above provided, each owner or
owners shall be deemed to have waived all claim to damages and
to have consented and agreed to such improvement. If anj[

626 LAWS OF NEW YORK. [Chap.

such claim shall have been filed as aforesaid, the common conn-
oily at the time and place in said notice specified, and to the
court therein named, shall make application to said court for
the appointment of such commissioners, and any person who
shall have filed such claims shall have a right to be heard on
such application; the court so applied to shall appoint three
commissioners who shall enter upon the performance of their
duties without delay, shall each take and subscribe an oath
before some officer authorized to administer oaths, faithfully,
honestly and impartially to perform his duty in making such
ascertainment and assessment according to the best of his
ability, and said commissioners shall give notice of the time and
place of their meeting to make such ascertainment and assess-
ment by publishing the same once in the official newspapers of
said city. At the time and place so appointed for the meeting,
they shall view the premises, and in their discretion receive any
legal evidence, and may, if necessary, adjourn from day to day;
they shall determine and award to the owner or owners so
claiming damages as aforesaid, such damages, if any, as in their
judgment such owners will sustain by reason of such improve-
ment being made, after making due allowance for any benefit
such owner or owners may derive therefrom. They shall at the
same time assess and apportion the said damages, if any, on
account of the making of such improvement, on the real estate,
and against the persons benefited thereby, as nearly as may be
in proportion to the benefit resulting therefrom; but if the
whole of such damages cannot justly and equitably be assessed
upon the real estate as above provided, in the judgment of said
commissioners, then the said commissioners shall assess only
such portion thereon as in their opinion will be equitable and
just, and the balance thereof shall be paid out of the street
fund of said city, and said commissioners shall so state in their
determination. The said commissioners shall briefly describe
the real estate upon which any assessment is so made by them,
and shall designate the owner or owners of the several parcels of
the said real estate, and what parcels, if any, are owned by non-
residents, according to the best information they can obtain.
If there be any building taken for such improvement, the value
thereof to remove shall be ascertained by said commissioners
and stated in their determination, and the owner thereof may

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 627

remove the same within ten days, or snoh other time as the
common council may allow after confirmation of the assessment
and return of the commissioners; and if the same be so removed
the value thereof as ascertained by said commissioners shall be
deducted from any damages awarded such owner; if such build-
ing be not so removed by the owner within the time aforesaid,
it may be sold by the common council, at public auction to the
highest bidder, and removed by the purchaser at such sale with-
in a time to be fixed by the common council, and the proceeds
of such sale shall be paid to the city chamberlain of said city
and by him placed in the street fund, and applied towards the
moneys required for making such •improvement. The deter-
mination and assessment of the commissioners, signed by all
of them, shall be returned to the common council within twenty
days after their appointment, but the time during which an in-
junction shall prevent any action in regard to said improvement,
and the time during which any appeal from any order of a court,
or any determination of the common council, in the proceeding
for the making of said improvement or in relation thereto, shall
be pending and undetermined, shall form no part of the said
twenty days. If any of the commissioners shall be unable to
serve or continue in service from sickness or other cause, the
common council may at any time without further notice make
application to the court which appointed said commissioners to
have some suitable person appointed in his stead, and such court
shall thereupon make such appointment; and said commission-
ers shall proceed in the same manner as if no such change in
the commissioners originally appointed had been made, but in
case of such disability and the appointment as above provided
of another commissioner, the time between the occurring of
such disability and the appointment of a new commissioner,
shall form no part of the twenty days within which it is above
provided said commissioners must return their determination
and assessment to the common council.

§ 8. Section eighty-two of said chapter five hundred sixty-
eight of the laws of eighteen hundred and ninety-five, is hereby
amended to read as follows:

§ 82. Conflrmation or annulment of assessment et cetera. —
After the determination and assessment of the commis-
sioners provided for in the preceding section shall be

628 LAWS OP NEW YORK. [Chap,

returned to the common council, it shall give notice by
publishing the same once in the official newspapers of
said city, that at a time and place to be specified in said notice,
the same may be confirmed by said common council, unless objec-
tion thereto be made by some interested person. All such ob-
jections shall be made in writing and filed with the city clerk.
If no objection shall have been filed, such determination and as-
sessment may be confirmed by said common council at the time
and place named in the aforesaid notice, and the same if con-
firmed shall be final and conclusive; but if objection shall have
been filed as aforesaid, the persons so filing the same shall have
a right to be heard in regard thereto on the day specified in said
notice, or on such day or days as the common council may ap-
point; and said common council shall thereupon either confirm
such determination and assessment or annul the same. If the
common council confirm the same it shall be final and conclusive;
but if the common council annul the same it shall refer the mat-
ter back to the same commissioners, or to three others to be ap-
pointed upon application, without notice, by one of the courts
authorized to appoint the original commissioners as provided in
the preceding section. The commissioners to whom such matter
shall be so referred back, or the commissioners so appointed to
again make such determination and assessment shall proceed in
all things in the making and returning of the second determina-
tion and assessment as though it were the first, and as in the
preceding section provided and prescribed, and the common
council shall proceed thereon as though it were the original de-
termination and assessment. If the common council shall con-
firm the second determination and assessment, the same shall
be final and conclusive on all parties interested; but if it annul
the same, then all proceedings in regard to the matter shall be
void.

§ 9. Section eighty-three of said chapter five hundred sixty-
eight of the laws of eighteen hundred and ninety-five is hereby
amended to read as follows:

§ 83. Authorizing improvements provided for in section eighty-
one, collection of assessments, payment of awards et cetera. — ^After
the final determination and assessment provided for in sec-
tions eighty-one and eighty-two of this act shall have been con-
firmed by the common council^ the same shall be filed in the office

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 629

of the city clerk, and thereupon said common council may au-
thorize said improvements to be made and completed. The com-
missioner appointed as in sections eighty-one and eighty-two of
this act provided shall each be allowed and paid three dollars
for each day actually and necessarily employed in and about
their duties; and such compensation and fees and the charges of
surveyors and other necessary costs and expenses (all of which
shall be audited by the common council), shall be considered
part of the expenses of such improvement, and shall be assessed
with and as a part of the damages as provided in sections eighty-
one and eighty-two of this act. In all cases where the whole of
any real estate subject to any lease or agreement shall be taken
for such improvements, all the covenants and stipulations con-
tained in such agreement shall upon the final confirmation of
the proceeding for such improvement, and the direction by the
common council to make the same, determine, and be absolutely
void, and in case where a part only of such real estate shall be
taken, the said covenants and stipulations shall be discharged
only as to the part so taken, and the county court of Fulton
county may on application in writing of either or any of the
parties interested in such lease or agreement appoint three dis-
interested freeholders to determine the rents, payments, and
conditions which shall thereafter be paid and performed under
such lease or agreement in respect to the residue of such real
estate; and the report of the freeholders, or any two of them,
on being confirmed by said court, shall be binding and conclusive
upon all parties interested in such real estate. The assess-
ment made by such commissioners as in said sections eighty-one
and eighty-two of this act provided shall conform as nearly ds
may be to the special assessment-rolls made by the common
council as provided by this act. Immediately upon the confirma-
tion of such assessment, the same, together with a duplicate
thereof, shall be filed with the city clerk, and both shall be
deemed originals; to one of said rolls shall be annexed a warrant
signed by the mayor and a majority of the aldermen in office for
the collection of said assessment, and delivered to the city cham-
berlain of said city for collection; and to the other shall be an-
nexed a copy of said warrant, with a receipt by the said chamber-
lain acknowledging the receipt of said assessment-roll and war-
rant. The said assessments shall constitute a lien upon the

630 LAWS OF NEW YORK. [Chap.

lands and premises respectively upon, or for, or in respect of
which they shall be made. Such assessments shall be collected
by the said chamberlain in the same manner and with the same
fees and within the same time as prescribed by section eighty
of this act for the collection of the assessments in said section
referred to; but the provisions of sections seventy-eight and
seventy-nine of this act, and of said section eighty, save only as
hereinabove provided for the collection of the assessments
therefor, shall not be applicable to the assessments for the im-
provements mentioned in section eighty-one of this act. From
the assessments so collected, if sufficient, and if any deficiency
therein from the street fund, each award shall be paid to the
person entitled thereto after the expiration of ninety days from
the final confirmation of said award and assessments, and it shall
not draw interest until two days after a demand in writing, for a
payment thereof, after the expiration of said ninety days, shall
be made to the city clerk and filed with him. The common coun-
cil shall issue its orders ypon the chamberlain for the payment
of said awards to the several persons entitled thereto. When
there are infants or other incompetent persons owners, whose
property is affected by any improvement provided for by section
eighty-one of this act, the court to whom application for the ap-
pointment of commissioners is made or a judge or justice
thereof, shall appoint guardians ad litem therefor to protect
the rights and interests of said incompetent persons.

§ 10. Section eighty-nine of said chapter five hundred and
sixty-eight of the laws of eighteen hundred and ninety-five as
added by chapter six hundred and ninety-two of the laws of
eighteen hundred and ninety-seven, is hereby amended to read
as follows :

§ 89. Provisions for improved pavements ; issue of bonds therefor.
—Whenever the common council, in accordance with the
provisions of this act, shall have declared its intention to
pave or repave with asphalt, granite or other improved pave-
ment, any street or part of a street, if the pavement which the
common council shall decide upon or direct for any such street
or part of a street, shall be required to be of material costing
one dollar and fifty cents per square yard or upwards, or, when-
ever the common council, in accordance with the provisions of
this act; shall have declared its intention to pave or repave, or

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 631

to macadamize any street or part of a street, and the pavement
or macadamizing which the common council shall decide upon
or direct for any such street or part of a street, shall be of
material costing less than one dollar and fifty cents per square
yard, and the common council shall also, by resolution adopted
by a two-thirds affirmative vote of all the aldermen in office,
declare that all the provisions of this section shall apply to the
making of such improvement, the assessment of the cost thereof
and the payment of such assessment, the common council &hall
authorize and direct the city engineer to make all necessary
surveys and establish all grades, and prepare all necessary
plans and specifications for such improvement, and he shall
have charge of and superintend the same until its completion,
and furnish an estimate of the probable cost and expense of
such improvement. A map showing the surveys made and
grades established, together with the plans and specifications
adopted by the common council, shall be filed with the city clerk.

a. After the adoption of the plans and specifications as herein
provided and the determination of the kind and quality of
materials to be used in making such improvement, the common
council shall advertise and receive sealed proposals therefor,
in such manner as the common council shall prescribe, and the
contract therefor shall be let to the lowest responsible bidder
who shall comply with the requirements of the common council,
in giving a satisfactory bond for the faithful performance of
the contract, and indemnifying the city from damages arising
out of the performance thereof.

b. The common council shall, within a reasonable time after
the completion of such improvement, direct the cost thereof to
be assessed by the city engineer, or in case of his disqualifica*
tion, by the city assessor, as provided in section seventy-seven
of this act. The cost of such improvement shall be assessed as
provided in section seventy-one of this act, and sections seventy-
eight, seventy-nine and eighty of this act shall apply to the
making of such assessment and the collection thereof, except
as otherwise provided in this section.

c. The common council shall thereupon, by resolution, extend
or defer the time for the payment of the assessments made on
account of such improvement and make the same payable in five
equal annual installments. The first installment shall be pay*

632 LAWS OF NEW YORK. [Chap.

able immediately after the delivery of the first warrant for tbe
collection thereof to the city chamberlain, and the remaining
Installments shall be payable each successive year thereafter
on warrants issued for the collection thereof, with interest on
the whole amount of such assessment remaining unpaid, at tlie
same rate as is provided in the bonds or certificates of indebt-
edness hereinafter mentioned from the twentieth day after tbe
first warrant is so delivered to the chamberlain, payable witb
each of said installments, and every installment of such assess-
ment with accrued interest thereon shall be a lien upon the
real estate against which the same was assessed, as in the case
of other assessments. The proceeds of all assessments and
taxes collected by the chamberlain of the persons assessed, as
provided in this section, shall be applied to the payment of the
bonds or certificates of indebtedness hereinafter provided
for, and the interest thereon, as the same shall become due;
and, in no case, shall the proceeds of such taxes or assessments
be used for any other purpose than the payment of said bonds
or certificates of indebtedness and the interest thereon, except
the first installment thereof, which shall be applied to the pay-
ment of the cost of such improvement.

d. One-fifth of such portion of the cost of such improvement
as, under the provisions of section seventy-one of this act, is
payable by the city, shall be paid by the common council out of
the street fund of said city, levied and collected for the year in
which such improvement is made, and one-fifth of the city's
portion of the cost of such improvement, with interest on the
bonds or certificates of indebtedness issued to provide for the
payment of the remaining four-fifths of the city's portion of
the cost of such improvement, as hereinafter provided, remain-
ing outstanding and unpaid, shall be appropriated from the city
taxes raised annually each year thereafter, until the city's por-
tion of such improvement has been provided for, and trans-
ferred by the common council from the street fund to the pave-
ment fund, and used and applied by the common council in pay-
ing and cancelling the bonds or certificates of indebtedness
issued pursuant to this section and the interest thereon.

e. To provide for the payment of the remaining four-fifths of
that portion of the cost of such improvement as, under section
seventy-one of this act, is payable by the city, and to provide

233.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 633

funds for the payment of such portion of the cost of such im-
provement as shall have been locally assessed as herein pro-
vided and remains unpaid, the said common council is hereby
authorized and empowered to borrow upon the faith and credit
of the city such money as may be necessary, to the extent of
four-fifths of the total cost of such improvement, and to cause
the issue of bonds or certificates of indebtedness of said city,
to the extent that said city is authorized to issue bonds or
certificates of indebtedness, which shall become due and pay-
able at such times and in such amounts as such local assess-
ments before specified shall become due and payable, and as
such portion of the cost of such improvement as is payable by
the city is provided herein to be raised, as near as may be prac-
ticable, which bonds or certificates of indebtedness shall bear
interest at a rate not exceeding five per centum per annum.
Such bonds or certificates of indebtedness, when issued, shall
be binding upon the city, and shall contain a recital that they
are issued pursuant to this section, and such recital shall be
conclusive evidence in any court of the validity thereof and of
the regularity of the issue. Each of said bonds or certificates
of indebtedness shall be signed by the mayor and countersigned
by the clerk and the city chamberlain of said city, and shall be
delivered, when issued, to the city chamberlain of said city,
and shall be by him sold, at public sale, by sealed proposals, to
the highest bidder therefor, but for not less than their par
value and accrued interest, and the proceeds thereof shall be
used in paying for such improvement provided for in this sec-
tion, and as herein provided, and for no other purpose. A rec-
ord of said bonds or certificates of indebtedness shall be kept
by the city clerk in the manner required by sections nine and
ten of the general municipal law. All moneys derived from
the sale of said bonds or certificates of indebtedness shall be
kept by the chamberlain of said city as a separate fund, desig-
nated as the pavement fund, and all moneys paid from said fund
shall be upon the warrants of the common council, signed by
the mayor, countersigned by the city clerk, and accepted by the
city chamberlain of said city, payable at the bank where the
fund upon which they are drawn is deposited.

f. If any of said installments, so locally assessed, or any part
thereof, either principal or interest, shall remain unpaid fop

634 LAWS OF NEW YORK. [Chap.

sixty days after the time of the delivery of the warrant for the
collection thereof to the chamberlain, then and in that case,
the whole amount of such unpaid assessment, together with the
interest thereon for the full time for which such payments were
extended or deferred, against the defaulting party, shall, at the
option of the common council, become due and payable imme-
diately af fer the default so made, and the common council shall,
by its warrant, command the said chamberlain to collect the
same, with interest, costs and fees, immediately, and the same
shall be collected in the manner provided by this act for the
collection of assessments for other local improvements.

g. No action to set aside, cancel or annul any assessment
made under the provisions of this section shall be maintained
by any person, unless such action shall have been commenced
within thirty days after the delivery to the city chamberlain of
the first assessment-roll and warrant as provided in this act,
and unless within thirty days an injunction shall have been
procured by such person from a court of competent jurisdiction
restraining the common council from issuing bonds or certifl-
oates of indebtedness as hereinbefore provided.

§ 11. This act shall take effect immediately.

AN ACT to amend the county law, in relation to the salary of

the county judge of Suffolk county.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-flfths being present

The People of the State of New Tork, represented in Senate and
Assemhljfy do enact as follows:

County uw Scctiou 1. Subdivislon forty-nine of section two hundred and
twenty-two of chapter six hundred and eighty-six of the laws
of eighteen hundred and ninety-two, entitled "An act in relation
to counties, constituting chapter eighteen of the general laws,"
as amended by chapter two hundred and thirty-two of the laws
of eighteen hundred and ninety-seven, is hereby amended to read
as follows:

235.] ONE HUNDRED AND TWENTY-PIFTH SESSION. 635

Salary of Salary of

SubdlTlaton. Name of oounty. county judge. aurrogate.

49 Suffolk 12,000.00 |3,000.00

§ 2. This act shall take effect on the first day of January, nine-
teen hundred and three.

AN ACT to empower the city of Cohoes to acquire an isolation

hospital for the said city.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the GoYernor. Passed,

three-fifths being present.

The People of the State of New Tork^ represented in Senate and
Assemhlffj do enact as foUows:

Section 1. The local board of health, in and for the city of ?o«S.o'

' ^ health

Cohoes, is hereby authorized and empowered to acquire, by foMSaSS*
purchase in the name of, and for, the city of Cohoes, pursuant "•*~'*^
to the terms of tl\e option and agreement with the owner
thereof under which the same are now occupied by said board,
the real estate and buildings erected thereon, situated north
of Vliet street and west of Edward street in said city, and now
and heretofore occupied by said board as an isolation hospital,
being the same premises described in a deed thereof dated
May fourth, nineteen hundred and one, and recorded in Albany
county clerk's office in book number five hundred and seventeen
of deeds, at page three hundred and eighty-four. The purchase ^^^^
price of said premises shall not exceed the sum of three thou-
sand dollars and interest thereon from May fourth, nineteen
hundred and one, the date of said agreement and of occupancy
thereunder. Such purchase shall be made only after the ap-
proval by the city attorney, of the title to the said real estate; ^{Jroey
and it shall be his duty to examine and approve of the same ua^^*°*
upon competent proof of the validity thereof. After the pur-
chase thereof, as aforesaid, said real estate and property shall
continue in the care, custody and control of said board of
health, and, as often as and whenever the public health so

636

LAWS OF NEW YORK.

[Chap.

Property
to be used
as an
Isolation
hospital.

Common
council
authorized
to borrow
money and
issue certi-
ficates of in*
debtedness.

When
payabta.

Proceed*,

how

applied.

requires, shall be used as an isolation hospital for the isolation,
care and treatment of persons within said city who may be or
become attacked with, or who may, from time to time, be suf-
fering from, contagious or infectious diseases dangerous to the
public health; and said board of health shall have power, from
time to time, to make all necessary repairs and additions to,
and improvements of, said property, and to properly furnish
and equip the said hospital buildings, the expense whereof shall
be borne and paid by the said city of Cohoes in the same man-
ner as other expenses incurred by said board of health are now
borne and paid. The title to said property, when acquired, shall
be and remain in the city of Cohoes.

§ 2. Immediately upon the passage of this act the common
council of the city of Cohoes is authorized and directed to bor-
row upon the faith and credit of said city and to issue its cer-
tificates of indebtedness therefor, such sum as may be certified
by said board of health to be necessary to effect the purchase
mentioned in section one hereof. Said certificates of indebted-
ness shall be sealed with the seal of said city and
signed by the mayor and clerk thereof, and shall be payable
with interest, at a rate not to exceed four per centum per
annum, not less than one year nor more than two years from
the date thereof, and shall be sold by the chamberlain of said
city, at his office in said city, for not less than the par value
thereof, at such times and in such manner as the common coun-
cil shall direct; and the proceeds of such sale shall be deposited
by said chamberlain to the credit of a fund applicable solely
to the purchase mentioned in section one hereof; except that
any part or portion of said money, for which certificates of
indebtedness shall be issued, remaining after the expenditure
required by section one hereof, shall be paid into the contingent
fund of the common council. Said common council shall pro-
vide for the payment of said certificates of indebtedness by levy-
ing and collecting, in the same manner as other city taxes are
levied and collected, such additional sum or sums as may be
sufficient to pay said certificates and interest thereon upon their
maturity.

§ 3* This act shall take effect immediately.

236.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 637

AN ACT to authorize the village of Kinderhook, in Columbia
county, to contract for lighting the streets, highways, public
grounds and public buildings in said village by gas, electricity
or other substance, and to raise the money to pay for the
same by tax upon the adoption of a proposition therefor.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New York, represented in Senate and
AssemUi/y do enact as follows:

Section 1. The trustees of the village of Kinderhook, in J^JJJ^ed
Columbia county, may from time to time contract, in the name JS/SShuSj
of the village, with an individual or corporation, for lighting
the streets, highways, public grounds and public buildings of
the village by gas, electricity or other substance; but such con-
tract shall not be made for a period longer than five years, nor
at an expense for each fiscal year exceeding two and one-half
mills on every dollar of taxable property of the village as ap-
pears on the last preceding assessment roll, unless authorized
at a village election. The amount of such contract shall be
paid in monthly installments.

§ 2. The trustees of said village, upon the adoption of a propo-
sition therefor at an annual village election or at a special vil-
lage election called by them for such purpose, are authorized,
in addition to the powers conferred upon them by law, to levy
a tax, to be assessed from time to time upon the taxable prop- t»*
erty in said village in the same manner as other village charges
are levied and assessed, to raise annually the amount specified
in such proposition to pay for lighting the streets, highways,
public grounds and public buildings of the said village by gafl,
electricity or other substance.

§ 3. Thifl aot shall take effeot immediately.

638 liAWS OF NEW YOEK* £Ohai^.

AN ACT authorizing the sale of the property and franchises of
the Lewiston connecting bridge company to international rail-
way company.

Became a law, March 26, 1902, with the approval of the GoYemor. Passed.

thl*ee-fif ths being present

The People of the State of New Yorhy represented in Senate and
corporation ^SHemUy^ do euact as follows:

aulhorlsed

pi^perty Scction 1. Lcwiston connecting bridge company, a corpora-

and «

franoiiiMi. tion Organized and existing by virtue of chapter three hundred
forty of the laws of eighteen hundred ninety-six, may, with the
consent of all its shareholders, sell and convey its property,
rights, privileges and franchises unto international railway
company, a corporation existing under the laws of the state of
New York, and said international railway company its succes-
sors and assigns, may take, hold and enjoy said property, rights,
privileges and franchises as fully as the same were held and
enjoyed by said Lewiston connecting bridge company; provided
however, that said purchasing corporation shall assume and
agree to pay all debts and liabilities of said Lewiston connecting
bridge company.

DUMoiutioii. § 2. Upon the execution and delivery of an instrument of con-
veyance of said property and franchises, said Lewiston connect-
ing bridge company shall be dissolved, and all its property,
powers and franchises shall be vested in said international rail-
•way company.

§ 8. This act shall take effect immediately.

239.] ONE HUNDEED AND TWENTY-FIPTH SESSION. 639

AN AOT to repeal section one hundred and one of the canal law,
being chapter three hundred and thirty-eight of the laws of
eighteen hundred and ninety-four, relative to proceedings for
non-payment of rent of surplus waters of Black Bock harbor.

Became a law, March 26, 1002, with the approval of the Govenior. Passed,

th;ree-flf the being present

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

Section 1. Section one hundred and one of the canal law, Sl^^^iu^
being chapter three hundred and thirty-eight of the laws of
eighteen hundred and ninety-four, is hereby repealed.

§ 2. This aot shall take effect immediately.

AN ACT to provide for the holding of town meetings and elec-
tions in counties of the state having a certain population.

Became a law, March 26, 1902, with the approval of the Governor. Passedt

three-fifths being present

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

Section 1. The next town meeting at which town officers shall ^'^JSng* m
be elected in any county of the state having a population of over ^^"^"^
seventy-one thousand inhabitants and less than seventy-five
thousand inhabitantSi according to the last federal enumeration,
shall be held on the first Tuesday after the first Monday in
November in the year nineteen hundred and three and biennially
thereafter, at the same places as general elections in such towns
are held. No person shall be entitled to vote at any such town Qaaiuioi^

% *' tionsof

meeting or election unless he is registered and entitled to vote oi«c«o»-
at the general election held at the same time that such town
meeting is held. All elective town officers shall be elected at
such general election in the same manner and on the same bal-
lot as other officers who may be elected thereat. Certificates oertmoate
of nomination of candidates for a town office in any such towns uoSS"**"*^

640 LAWS OF NEW YORK. [Chap.

shall be in duplicate, one of which shall be filed with the to-wn
el6rk of the town, and the other with the clerk of the county
wherein such town is located, and if nominated by a political
party, at least twenty days and not more than thirty days be-
fore such town meeting and election is held, or, if independent
nominations, at least fifteen days and not more than thirty
Ballot* days prior thereto. The ballots prepared by the county clerk
shall include the names of all candidates nominated for town
officers in any such towns. The county clerk shall apportion
to and charge the several towns in any of such counties with
their respective proportionate shares of the expenses of the
preparation and distribution of such ballots.
fuSmiliVn § ^* Ballots for the submission of questions or propositions
uoSS.**" relating to town affairs shall be prepared and furnished at the
expense of the town by the clerk thereof, as provided in the
election law. Such ballots shall be distributed by the town
clerk at the same time and in the same manner as are other
ballots to be voted at a general election. An additional ballot
box shall be provided, marked " box for town propositions," in
which shall be deposited the ballots cast on town propositions
or questions.
S?K^**' § 3. At the close of the polls at any such biennial town meet-
Mpectori. .^^ ^^^ election in any such town the inspectors of election

shall proceed to canvass the votes for the candidates for the
several town offices, and for and against all- town propositions
duly submitted to the voters of such town in the election dis-
tricts where such meeting and election was held, in the same
manner as the votes for other candidates and propositions cast
at the general election are canvassed. The inspectors of elec-
tion shall perform the same duties with respect to the canvass
of the vote and the filing of the returns thereof for such town
officers, and all other matters pertaining to the determination
of the result of the election as is now provided by law, with
respect to the canvass of the votes cast at a general election.
SuJf"^^ All provisions of law relating to the canvass of votes cast at a
SS^i^fc general election by the county board of canvassers, to the cor-
rection of clerical errors, the review of the determination by
such board of canvassers, and all other matters pertaining to
the canvass of the votes cast at a general election, shall be
applicable to the canvass of all votes for such town officers and

239.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 641

propositions. The county clerk of any such county shall trans-
mit to the clerk of each town therein a certified copy of the de- SSSmST
termination of the county board of canvassers as to the elec- cierk.
tion of each town officer and proposition voted for at the town
meeting and election held in such town. The county clerk
of any such county shall transmit to each person declared by
the board of canvassers thereof to be elected to a town office
therein, a certificate of the determination of such board. No J/JSuot.
list of nominations of candidates for town offices to be filled
at any such biennial town meeting and election, or the result
of the official canvass of the vote cast thereat, shall be required
to be published. All the provisions of the election law not in- Sw "°**
consistent with the provisions of this act shall apply to and gov- *^
ern town meetings and elections held as provided herein.

§ 4. There shall be elected at the town meeting and election fiS^J^Su
to be held in each town in any such county on the first Tuesday **' <>®**^
after the first Monday of November, in the year nineteen hun-
dred and three, and biennially thereafter, one supervisor, one
town clerk, three assessors, one or three commissioners of high-
ways, one collector, one or two overseers of the poor and not
more than five constables. The persons first elected to the
various offices above mentioned shall enter upon the discharge
of their duties on the first day of January, nineteen hundred and
four, and serve until and including December thirty-first, nine-
teen hundred and five. Their successors shall be elected at
the biennial election and town meeting held in nineteen hun-
dred and five and biennially thereafter, for the term of two
years commencing on the first day of January, succeeding their
election. There shall also be elected at such town meeting and
election and biennially thereafter, two justices of the peace for
terms of four years, beginning on the succeeding first day of
January. The collectors elected at such town meetings and
elections shall enter upon the discharge of their duties after
their predecessors have completed the duties of their offices, in
respect to the collection of taxes and returns thereof, as now.
prescribed by law.

§ 6. This act shall take effect immediately.

642 LAWS OF NEW YORK. [Chap.

Ctiap. 240.

AN ACT to amend the agricultural law, relating to the distribu-
tion of moneys for the promotion of sugar beet culture and
making an appropriation therefor.

Became a law, March 26, 1902, with the approval of the GoYernor. Passed.

tbree-fifths being present

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

tifSfhlW Section 1. Section seventy-six of chapter three hundred and
"°*° ' thirty-eight of the laws of eighteen hundred and ninety-three,
entitled ''An act in relation to agriculture, constituting articles
one, two, three, four and five of chapter thirty-three of the
general laws,'' as inserted by chapter five hundred of the laws
of eighteen hundred and ninety-seven, is hereby amended to
read as follows:

§ 76. Distribution of moneys by commissioner of agricnlture.
— On or before the first day of February in each year the
commissioner of agriculture shall prepare a detailed statement
of the quantity of sugar manufactured by each person, firm or
association or corporation entitled to receive a portion of the
moneys appropriated for the promotion and encouragement of
sugar beet culture. He shall apportion to each such person,
firm, association or corporation the moneys so appropriated
according to the amount of sugar of the grade described in this
article manufactured by each of them, during the preceding
year. One-half of one cent a pound shall be paid on account of
the sugar so manufactured during the season of nineteen hun-
dred and two, one-half of one cent a pound shall be paid
on account of the sugar so manufactured during the
season of nineteen hundred and three, and one-half
of one cent a pound shall be paid for the sugar so manufactured
during the season of nineteen hundred and four. Such commis-
sioner of agriculture shall certify to the comptroller the amount
apportioned to each manufacturer of sugar according to the
provisions of this article; and the comptroller shall draw his
warrant .upon the state treasurer for the amount so certified,
payable to the party or parties to whom such apportionment
was made.

2:1:1.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 643

§ 2. The sum of fifty thousand dollars, or so much thereof
as may be necessary, is hereby appropriated out of any
moneys in the treasury, not otherwise appropriated, to be paid
in the manner prescribed by article five of the agricultural law,
as inserted by chapter five hundred of the laws of eighteen
hundred and ninety-seven and as above amended. Of such
amount the commissioner of agriculture may expend such sum
or sums as he may deem necessary, not exceeding the sum of
five thousand dollars, in promoting by instruction, or other-
wise, and encouraging the proper and economic cultivation of
sugar beets. There shall be paid to the manufacturers of beet
sugar, in the state of New York, of the moneys hereby appro-
priated, such sum as may be necessary to pay one-half cent a
pound on beet sugar manufactured during the season of nineteen
hundred and two, which sum shall be distributed in accordance
with the provisions of article five of the agricultural law as in-
serted by chapter five hundred of the laws of eighteen hundred
and ninety seven and as hereby amended.

§ 3. This act shall take effect immediately.

Ctiap. 241.

AN ACT to amend section fifty-eight of the election law, entitled
"An act in relation to elections, constituting chapter six of
the general laws," relating to places of filing certificates of
nomination.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. Section fifty-eight of the election law entitled "An Election
net in relation to the elections, constituting chapter !?i\- of tJn* "nead**
general laws'' as amended by chapter ninety-five of the laws of
nineteen hundred and one, is hereby amended so as to read as
follows:

§ 58. Places of filing certificates of nomination. — Certificates
of nomination of candidates for office to be filled by the olcx-iors
of the entire state, or of any division or district greater than a

644 LAWS OF NEW YORK. [Chap.

county, shall be filed with the secretary of state, exci»pt that
each certificate of nomination of a candidate for member of
assembly for the assembly district composing the counties of
Fulton and Hamilton, shall be filed in the oiTice of the couutjt
clerk of Fulton county, and a copy thereof certified by the
county clerk of Fulton county, shall be filed in the office of the
county clerk of Hamilton county, so long as the said counti-»s
constitute one assembly district, and except that certificates of
nomination of candidates for offices to be filled only by the elect-
ors or a portion of the electors of the city of New York shall be
filed with the board of elections of the city of New York. Cer-
tificates of nominations of candidates for offices to be filled only
by the votes of electors, part of whom are of New York city
and part of whom are of a county not wholly within the city of
New York, shall be filed with the clerk of such county and in the
office of the board of elections of said city. Certificates of
nomination of candidates for offices of any other city to be
elected at the same time at which a general election is held shall
be filed with the clerk of the county in which BUt?h city is
located. Certificates of nomination of candidates for offices
of a city, village or town to be elected at a different time from
a general election, shall be filed with the clerk of such city, vil-
lage or town respectively. Certificates of nomination of candi-
dates for town offices shall be filed with the town clerk except
in such counties which have a special law for filing certificates
of nomination of candidates for town offices with the county
clerk. All other certificates of nomination shall be filed with
the clerk of the county in which the candidates so nominated
are to be voted for. All certificates and corrected certificates
of nomination, all objections to such certificates and all decli-
nation of nominations are hereby declared to be public records;
and it shall be the duty of every officer or board to exhibit, with-
out delay, every such paper or papers to any person who shall
request to see the same. It shall also be the duty of each such
officer or board to keep a book which shall be open to public in-
spection, in which shall be correctly recorded the names of all
candidates nominated by the certificates filed in the office of
such officer or board, or certified thereto, the title of the office
for which any such nomination is made, the political or other

242.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 645

name and emblem of the political party or independent body
making such nomination, and in which shall also be stated all
declinations of nominations or objections to nominationSi and
the time of filing each of said papers.
§ 2. This act shall take effect immediately.

amended.

Chap. 242.

AN ACT to amend the highway law, relating to penalties for

neglect to pay highway taxes.

Became a law, March 26, 1902, with the approval of the Governor. Passed^

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 sixty-five of chapter five hundred and sixty- f^^^""^
eight of the laws of eighteen hundred and ninety, entitled "An
act in relation to highways, constituting chapter nineteen of
the general laws/' is hereby amended to read as follows:

§ 65. Penalties for neglect to work or commute. — Every per-
son or corporation assessed highway labor, who' shall not com-
mute, and who shall not appear and work when duly notified,
shall be liable to a penalty of one dollar and fifty cents for
every day he shall so fail to appear and work; and for wholly
omitting to comply with any requisition to furnish a team, cart,
wagon, implements and man, he shall be liable to a penalty
of five dollars for each day's omission, and for omitting to fur-
nish either a cart, wagon, plow, team or man to mana$re tho
team, he shall be liable to a penalty of one dollar and fifty
cents for each day's omission; and if any person shall after
appearing, remain idle, or not work faithfully, or hinder others
from working, he shall be liable to a penalty at the rate of one
dollar and fifty cents a day, for each hour. In those towns in
which the money system of taxation has been adopted,
any person who is taxed a poll tax for highway pur-
poses as provided in section fifty-three of this chapter,
and who does not pay such tax in the manner and
at the time, prescribed by law, shall be liable to a
penalty of five dollars. The penalties herein imposed, may

G46 LAWS OF NEW YORK. [Chap.

be recovered by action by the overseer of highways as such, or
by the highway commissioner in those towns having no such
overseers, and, when collected, shall be expended and disposed
of by the overseer or commissioner in the same manner as com-
mutation moneys. The penalties, when recovered, shall be ap-
plied in satisfaction of the labor assessed, for omission to per-
form which, the penalties were respectively imposed. The over-
seer of highways may excuse any omission to perform labor
when required, if a satisfactory reason shall.be given therefor;
but the acceptance of any such excuse shall not exempt the
person excused from commuting for, or working the whole
number of days for which he shall have been assessed during
the year.
§ 2. This act shall take effect immediately.

Chap. 243.

AN ACT to amend the public health law, relative to admission
to examination in certain medical studies.

Became a law, March 23, 1002, with the approval of the Governor. Passed.

three-fifths being present.

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

heaithiaw Scctiou 1. Subdivisiou four of section one hundred forty-five
ftmended. ^^ chapter six hundred sixty-one of the laws of eighteen hun-
dred ninety-three, entitled "An act in relation to the public
health, constituting chapter twenty-five of the general laws,"
as amended by chapter six hundred forty-six of the laws of nine-
teen hundred one, is hereby amended to read as follows:
AdmiBrion 4. Has studicd medicine not less than four full school years of

to examlna- "^

at least nine months each, including four satisfactory courses of
at least six months each, in four different calendar years in a
medical school registered as maintaining at the time a satis-
factory standard. New York medical schools and New York
medical students shall not be discriminated against by the reg-
istration of any medical school out of the state, whose mini-
mum graduation standard is less than that fixed by statutes
for New York medical schools. The regents may, in their dis-
cretion, accept as the equivalent for any part of the third and

UOQt.

244.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 64

fourth requirement, evidence of five or more years' reputable
practice, provided that such substitution be specified in the
license, and as the equivalent of the first year of the fourth
requirement evidence of graduation from a registered college
course, provided that such college course shall have included
not less than the minimum requirements prescribed by the
regents for such admission to advanced standing. The regents
may also in their discretion admit conditionally to the examina-
tion in anatomy, physiology and hygiene, and chemistry, appli-
cants nineteen years of age certified as having studied medicine
not less than two full years of at least nine months each, in-
cluding two satisfactory courses of at least six months each, in
two different calendar years, in a medical school registered as
maintaining at the time a satisfactory standard, provided that
such applicants meet the second and third requirements.
§ 2. This act shall take effect immediately.

AN ACT to amend section two of chapter four hundred and
forty of the laws of eighteen hundred and ninety-six, entitled
"An act to facilitate the identification of criminals," by in-
creasing the amount to be spent annually to carry out the pro-
visions of said act.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New York, represented in Senate and
Assemhli/y do enact at follows:

Section 1. Section two of chapter four hundred and fortv of ^^t

^ ^ amended.

the laws of eighteen hundred and ninety-six, entitled "An act
to facilitate the identification of criminals," as amended by
chapter four hundred ninety-eight of the laws of nineteen hun-
dred, is hereby amended to read as follows:
§ 2. The superintendent of state prisons is also authorized indexing

and

to file, index and classify Bertillon descriptive cards received pr'iSSJjJS.*
from other sources. The necessary expenses incurred by the
superintendent of state prisons in indexing and classifying
prisoners, as provided in this act, shall be payable by the treas-
urer from the moneys appropriated for the maintenance and

648 LAWS OF NEW YORK. [Chap.

Buppopt of the several state prisons, on the warrant of the
comptroller, and on bills approved by the superintendent of
state prisons, but such expenses shall not exceed three thou-
sand dollars per year.
§ 2. This act shall take effect immediately.

AN ACT to amend chapter two hundred and twenty-seven of
the laws of eighteen hundred and ninety-eight, entitled "An
act to create a public improvement commission in and for the
city of Cohoes and to define its powers and duties," and the
acts amendatory thereof, in relation to street pavements,
curbs, assessments and issuing bonds and certificates of in-
debtedness for improvements made by said commission, and
limitation of expenditures.

Accepted by the city.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

three-fifths being present

TJie People of the State of New Torky represented in Senate and
Aaaemhlyf do enact as follows:

Art ^ ^ Section 1. Section six of chapter two hundred and twenty-
seven of the laws of eighteen hundred and ninety-eight, entitled
^^An act to create a public improvement commission in and for
the city of Cohoes and to define its powers and duties," as
amended by chapter two hnndred and thirteen of the laws of
nineteen hundred, is hereby amended to read as follows:

Tw^S?* § ^* T^® ®^^^ commission shall have power to canse any

"'***^ street, alley, lane, highway or public ground, or any part or
parts thereof in said city, to be paved, repaved, graded or re-
graded, and if necessary to be properly graded, for the purposes
of paving or repaving the same, and to construct all necessary

ontimumm cnrbstones, for the purpose of such paving and repaving, when
and wherever the public convenience in their judgment requires
the same. Said commission may, if they deem that public con-
venience requires the same, direct that such curbstone be con-
structed of material and dimensions other than such as is
specified in the ordinances and resolutions of the common
council of said city, whether the property owner has com-

245.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 649

plied with such ordinances or resolutions, or not. Said
commission is also authorized to insert in any contract p^ovLTiou

in,

for the construction of pavements, repavements and curb-
ing a provision requiring the contractor or contractors to
keep the work performed in repair and maintain the same for
a period not to exceed eight years from the completion thereof,
and the cost of such repair and maintenance shall be included
and assessed as a part of the cost of the construction of said
work. The expense of the construction of the curbstone to be hoJ?*iSJS4
paid by the abutting property owners, and shall be levied and
assessed against such abutting property. Every street railway
now or hereafter operated in said city shall be taxed for and
shall pay the expense of paving, repaving or grading and pav-
ing that portion of every street or other way paved, repaved
or graded and paved, covered by its road and a space two feet
in width outside of and adjoining its tracks on either side. The
balance of the expense of all such paving, repaving, grading
and regrading, grading and paving of public grounds shall be
paid by the city at large. One-half of all the expense of such
paving, repaving, grading and paving of streets and other ways
and places, shall be paid by the city at large; and the other
half thereof shall be defrayed by special tax upon the real
estate adjacent and contiguous to that part of the street or
other way paved, repaved, or graded and paved, and upon the
owners thereof, according to the benefit received except that
the city at large shall also pay the expense of paving, repav-
ing, or grading and paving the crossings of streets and
other ways, and no part of the* expense of paving, repaving,
grading or regrading, or grading or paving any street or other
way, or part of a street or other way, shall be taxed upon the
lands not adjacent and contiguous to that part of the street
or other way paved, repaved, graded or regraded or graded and
paved, except as herein otherwise provided. When the said Jj^iment
commission shall have determined to cause any street or other Jeraflcoi,
way to be paved, repaved, graded or regraded, or graded and
paved, and shall have entered into contract therefor, the assess-
ors upon being notified by the said commission to do so, shall
forthwith proceed to make a special assessment and certificate,
entering therein the names of all owners of land adjacent and
contiguous to that part of the street or other way paved, re-

650 LAWS OF NEW YORK. [Chap.

paved, graded or regraded, or graded and paved, and the name
of every street railway operating on such street or other way,
and designating therein the parcels of such land owned by non-
residents, according to their best knowledge and information.
They shall make a just and equitable assessment of the proper
proportion of the expense of such paving, repaving, grading or
regrading, or grading and paving, against such lands and own-
ers, and against such street railway, if any, operated on such
street or other way, assessing upon the several parcels of real
estate adjacent and contiguous to that part of the street or
other way paved, repaved, graded or regraded, or graded and
paved, and upon the respective owners thereof, such portion
of the said expense to be so assessed as shall be proportionate
to the benefit received by such real estate owned by each person,
and upon said street railway the portion of said expense here-
inbefore mentioned, and shall enter in said certificate a brief
but careful description of each parcel assessed and the sum
assessed upon it. The term pavement as used in this act shall
be construed to include macadam.

§ 2. Section fourteen of chapter two hundred and twenty-
seven of the laws of eighteen hundred and ninety-eight as
amended by chapter five hundred and fifty of the laws of eight-
een hundred and ninety-nine and chapter two hundred and
thirteen of the laws of nineteen hundred and chapter six hun-
dred and thirty-two of the laws of nineteen hundred and one is
hereby amended to read as follows:
AffseMment § 14. Whenever said commission shall determine to cause any
Mf miprove- of the improvements mentioned in this act to be done, of which

nieiitii.

the cost and expense of the whole or any part thereof shall be
paid by local assessment upon the property benefiteC and shall
have entered into contract for the performance of said work,
it shall certify to the assessors of said city, that it has so deter-
mined, entered into contract, the cost and expense of the entire
improvement which shall include such proportion of the salaries
and expenses of the officers and employees of said commission
and the expenses of said commission as it shall deem proper,
together with the amount of such costs and expenses which the
owners of said property shall pay, and in case of the construc-
tion of any sewer, sewers, drains, drainage, or sewerage systems
hereafter to be constructed, the said commission shall also cer-

245.] ONE HUNDKED AND TWENTYFIFTH SESSION. 031

tify a particular description of the length of such sewer, the
cost per foot, and whether the same is a main or trunk sewer,
and if so, a particular description of the sewers and drains
which are contributory thereto; and also a brief description of
the premises and property abutting such sewer, drains, main or
trunk sewers and contributory sewers and drains. The said aSTetfrnent

ami

assessors shall forthwith proceed to make a special assessment c^uncata.
and certificate, entering therein in separate columns the names
of all the persons assessed, the description of all lots and par-
cels of land assessed,, and the amount each shall be assessed,
assessing justly and equitably upon each parcel of land and
upon each owner thereof respectively, such portion of such ex-
pense to be paid by the property thus determined to be bene-
fited as nearly as may be to the advantage which each shall be
deemed to receive by the making of such improvement, but in
making such assessment regard shall be had only to benefit
received. When such certificate is completed they shall fix a Notice of

* "^ review.

time and place of meeting to correct the same and shall give
notice of such meeting stating where such certificate can in the
meantime be seen and examined, by publishing such notice at
least tw^ice in the official paper of said city, which publication
shall be completed at least ten days before the time so fixed
for a meeting; at the time and place so appointed said assessors f.fj"^'"*
shall meet and hear all persons appearing before them who c""^*^"^'^"'
fthall feel that they are aggrieved by said assessment and after
said hearing shall make such corrections, if any, in such certifi-
cate as in their judgment will render such assessment more
just and equitable; and the said assessors shall have the power
to add to such assessment upon giving due notice and a hearing
to the owner or owners of the property which is to be added or
I'.pon which an addition is to be made; and they may abandon
such certificate in case they deem it erroneous and proceed to
make a new certificate in the same manner as though none had
been made. When said certificate shall be thus corrected, or i>^"^^7«o
when the assessors after such hearing shall have determined
that it needs no correction, they shall deliver the same and the
total thereof, both of which shall be signed by a majority or
by all of them, to the common council within five days after
the same shall have been completed by them as aforesaid, but
such time may be extended by the common council. Any per-

652 LAWS OF NEW YORK. [Chap.

HMHajr gon considering himself aggrieved by said assessment shall
by^^SSSiL have the right to be heard in relation thereto before the com-
mon council of said city at its first regular meeting after de-
livery of the certificate as aforesaid, and at its second regular
nseeting after such delivery the common council shall either
confirm in whole or in part or annul such assessment, and in
80 doing shall have power to correct, add to or amend such
assessment in any manner it may deem proper; if it annul the
same all proceedings of the assessors in relation thereto shall
be void, and new proceedings may be taken in the matter,
in the manner provided in this section. If the assessors or
any or either of them be interested in property liable to be
affected by such assessment or be for any cause incapable of
acting the common council may appoint in the place of each as-
^y be^*" sessor thus disqualified a disinterested freeholder of said city^
fopSiform residing therein, to perform the duties of such assessor and
•;^U»or. every freeholder before entering upon the performance of said
duties shall take and subscribe an oath to make the assessment
faithfully, honestly and impartially according to his best judg-
ment. When any such assessment shall be finally confirmed
by the common council the duplicate thereof hereinbe-
niingof fore mentioned, shall be thereupon filed with the clerk
and both shall be deemed to be originals, to one of
Warrant which shall be annexed a warrant for the collection of said

fi»r

collection, taxcs as prescribed for the collection of general city taxes of
said city, and to the other a copy of said warrant with a re-
ceipt of the chamberlain for such certificate and warrant. No
AMesument asscssmeut or reassessment made for the expense of a public
h^au^ot or a local improvement in said city, shall be set aside or be held
2;^*'''p"o°» to be invalid because the same may have been or may be made in
terms against an owner or owners unknown, or the estate of a
deceased person (naming such person) or the executor, adminis-
trator, heirs or devisees of a deceased person (naming such per-
son) or against a company or a firm named, or against the per-
son in whose name record is, though not the actual title of the
property assessed, or through any cau^e arising from mistake or
ignorance as to the name of the ow^ner, whether an individual or
a corporation, provided the property assessed is suflBciently de-
scribed to identify and indicate the particular lot or tract which
it was intended to assess. If upon any hearing in relation to any
assessments under this act it shall appear by reason of any

etc.

245.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 653

alleged irregularities or invalidity, the expense of any local im-
provement has been unlawfully increased, the common council
thereof or any court, or judge before whom the proceedings or
assessment may be pending or up for review may order that Re^J^*
such assessment upon the lands of any aggrieved party or
parties be modified by deducting therefrom such sum as is in
the same proportion to such assessments as is the whole

amount of such unlawful increase to the whole amount of ex-
pense of such local improvement. Any party aggrieved by any ^ff,y®,j;jj
assessment made pursuant to this act or alleging that ha?7 *^
such assessment is illegal or invalid may, within twenty vacated,
days after confirmation of the assessment by the com-
mon council apply to have the assessment vacated or
reduced or both to a judge of the supreme court at special
term or his chambers or to the county judge of Albany county,
who shall thereupon upon due notice to the said commission
and its attorney and to the contractor and his sureties and any
other person or persons if either of them be proper parties, pro-
ceed forthwith to hear the proof and allegations of the parties*
Hereafter no suit or action in the nature of a bill in equity or
otherwise shall be commenced for a vacation of any such assess-
ment or assessments or to remove the cloud upon the title
arising from any assessment hereafter made. Owners of prop-
erty shall hereafter in proceedings to reduce, vacate or stay
payments of assessment be confined to the form or proceed-
ing in this act mentioned. No assessment that may be here- {^^ ^to,
after made shall be void nor shall be vacated or reduced ?oid^ ^

nnlf>>it 0to*

nor the sale of property therefor or thereunder be declared
illegal or the deed or certificate of conveyance therefor be ad-
judged invalid or illegal or any money paid on account or
because of said assessment be recovered back or refunded
because of any error, illegality or irregularity in any of the
proceedings in relation to the work or improvement for which
such assessment is made prior to the commencement of the
work including the letting of the contract for such work unless
the party objecting thereto shall have filed his objection or ob-
jections with the clerk of feaid commission within ten days after
the letting of contract for such work, stating the error and
illegality or irregularity complained of together with his
address.

G54

LAWS OF NEW YORK.

[Chap.

I"i>ne of
III* lit

bOQdlL

WbeniMty-
Able, eta

Sal*.

Advance for
expendi-
tures.

Prtnrlpalof
ceri«lu
hondH,
whejn
l>a> able.

§ 3. Section sixteen of chapter two hundred and twenty-seven
of the laws of eighteen hundred and ninety-eight as amended
by chapter five hundred and fifty of the laws of eighteen hun-
dred and ninety-nine is hereby amended to read as follows:

§ 16. When a contract or contracts shall be executed by said
commission for any of the improvements provided for in this
act, and the work thereunder actually commenced, and before
any assessment is made therefor, it shall be the duty of the
common council of said city, upon request of said commission, to
borrow upon the faith and credit of said city, such sum as will
be necessary to pay all expenses whatsoever connected with the
performance of said work, and the final completion thereof; it
shall be the duty of the common council to issue the bonds of
said city therefor, to be known as "public improvement
bonds of the city of Cohoes," bearing interest at a rate
not exceeding three and one-half per centum per annum,
payable semi-annually. Said bonds shall be of the de-
nomination of not less than fifty dollars each, and shall
be signed by the mayor of the city of Cohoes, and countersigned
by the chamberlain and city clerk, and the seal of said city
shall be affixed to each of said bonds by the said clerk. Said
bonds shall be registered in the office of the chamberlain of said
city and shall be payable at such places as shall be designated
by the common council of said city. Said bonds shall be ne-
gotiated by the chamberlain of said city, selling the same at
his office to the highest bidder, at public auction, at not less
than par value thereof. Said chamberlain shall give public
notice of the time and place of any selling of such bonds by
public auction by publishing a notice thereof for at least fifteen
days previous to each sale or opening, in such newspaper as
shall be designated by the common council. The chamberlain
of said city is hereby authorized to make advances for the
necessary expenditures of said commission or on warrants
issued by said commission for payments under said contract or
contracts on its order, or otherwise ordered paid to the said con-
tractor or contractors, for any of the improvements under thi&
act, from any funds of the city in his possession, prior to the
issuing of the bonds herein authorized, to be reimbursed from
the proceeds of any subsequent sale of said bonds. The prin-
cipal of such of said bonds as shall be equal in amount to the

245.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 655

amount which the city of Cohoes at large shall pay towards
making of such improvement, expenses and costs, shall be made
payable at such time or times within forty years from their
respective date of issue, and in such amount yearly as shall be
fixed and determined by the common council, and it shall be the
duty of the common council of the city of Cohoes to cause
to be raised yearly, in each fiscal year, from the time this
act shall take effect, by taxation upon the taxable property in SS,^ and
said city, in the same manner as other taxes are levied, and in *^"°^'^**'
addition thereto a sum sufficient to pay for the interest upon *
said bonds when and as the same shall become due and payable,
and also to raise by tax upon the taxable property of the said
city, in the same manner as other taxes are levied, and in addi-
tion thereto, the moneys necessary to pay principal of said
bonds as the same shall become due. The principal of the re- Principal of
mainder of said bonds shall be made payable one year after Sfi,^"***'
date and shall be retired by paying the proceeds of the assess- ^^^^^^
ments then collected for such improvement, so far as the same
may be applicable thereto, and the common council is author- JJ5?o*S2w
ized to issue and sell new bonds for the balance in the manner
as provided herein for the issue and sale of bonds, and to be
made payable at such time and times, not to exceed eighteen when pay-
years from their respective date of issue, and in such an amount
yearly as may be fixed and determined by the common council.
If by reason of any error it shall appear that the bonds issued
under the provisions of this act or the assessments made for
any local improvement are not sufficient to pay the en-
tire expense of such local improvement, the assessors of such
city upon the demand of the public improvement commission
of the citv of Cohoes can reassess such proportion of such de- Reassew-

•^ •. went of

ficiency as may be deemed proper by said commissiooi, upon the deficiency.
property benefited and the common council of the city
of Cohoes shall issue a bond or bonds in such amount as
may be determined necessary by said commission, to be paid
towards such deficiency for such local improvement. Should
it be determined that said bonds are irregular or invalid for
any reason, the common council of said city of Cohoes may
issue new and other bonds in their place and instead
thereof for such sum or sums as it may deem proper. This sec-
tion shall also be deemed to apply to all improvements hereto-

666 LAWS OF NEW YORK. [Chap.

fore ordered or made and for which an assessment has not as
yet been confirmed by the common council of said city.

§ 4. Section seventeen of chapter two hundred and twenty-
seven of the laws of eighteen hundred and ninety-eight, as
amended by chapter five hundred and fifty of the laws of eight-
een hundred and ninety-nine, as amended by chapter two hun-
dred thirteen of the laws of nineteen hundred is hereby
amended to read as follows :
£jg5J«»*^ § 17. Any person, persons or corporations assessed for any
of the improvements provided for in this act, and as provided
by this act, shall be discharged from said assessment upon his
or its property, by paying the amount so assessed to the
chamberlain within twenty days after the confirmation of any
such assessment, and thereafter any such person or corpora-
tion, may by paying the said assessment, with an addition of
one per centum for each and every month that the same has
remained unpaid after the confirmation thereof, be discharged
from such assessment. Any person or corporation against
o^oBto whose property said assessment is made shall have the option
SJuS.'* ^^ paying such assessment in twenty equal installments. The
first of such installments shall be due and collectible on the con-
firmation of any such assessment, and one of such installments
shall be due and collectible at the expiration of each year there-
after for nineteen years. Such installments shall bear interest
at a rate of three and one-half per centum per annum from
and after the time of the confirmation of any such assess-
ment until the same shall become due and payable and there-
after shall pay the percentage above set forth. Such person
or corporation shall be deemed to avail himself or itself of said
option by payment of such first installment within three
months from the confirmation of said assessment, and in case of
the failure to pay said first installment within said period of
three months, or the payment of any subsequent install-
ment within three months from the time the same shall
become due, the whole of said assessment, or the balance unpaid
shall become due and payable immediately. Each installment
shall consist of one-twentieth part of such assessment plus the
interest on all installments to date. Any such person or cor-
poration against whose property such an assessment is made
may within the time that the first installment is due as afore-

met

Install'

menu.

L>i5.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 657

said pay such sum as he or it desires upon such assessment in ^
excess of one-twentieth part thereof in which case the balance
unpaid shall become payable in nineteen annual installments

■

as aforesaid. This section shall also be deemed to apply to all
the assessments hereafter confirmed by the common council of
said city for improvements heretofore ordered or made by said
commission.

§ 5. Section eighteen of chapter two hundred ^and twenty-
seven of the laws of eighteen hundred and ninety-eight as
amended by chapter two hundred and thirteen of the laws of
nineteen hundred is hereby amended to read as follows:

§ 18. The proceeds received from the sale of bonds as pro- l^t^ **
vided in section sixteen of this act, except the bonds sold to*^**^
retire other bonds, shall be set apart by the chamberlain
of said city, who shall pay therefrom, only upon the order of
said commission from time to time such amounts as shall be
requij^d to pay the expenditures which said commission is
empowered by this act to make. The said commission shall not J®b5£**®"
audit any bill or order its payment until the same shall be
verified as required by law in presenting claims against the city
of Cohoos to the common council thereof.

§ 6. Section fifteen of chapter two hundred and twenty-seven
of the laws of eighteen hundred and ninety-eight is hereby
amended so as to read as follows:

S 15. The said commission shall not contract to expend on Limitation

of expenses.

behalf of said city at large for the improvements provided for
herein and all the expenses connected therewith, exclusive of
the amount determined to be assessed against the property
benefited, a larger sum than three hundred thousand dollars.
§ 7. This act shall take effect immediately.

658 LAWS OF NEW YORK. [Chap.

AN ACT to authorize a 'further appropriation for the mainte-
nance of the American museum of natural history in the Cen-
tral park of the city of New York.

Accepted by the city.

Became a law, March 26, 1902. with the approval of the Governor. Passed.

three-fifths being present.

The People of the State of Neto Yorky represented in Senate and
Assembly y do enact as follows:

tiSS~?'^ Section 1. The board of estimate and apportionment of the
S^SeTetc city of New York may annually in its discretion include in the
budget for the then next ensuing financial year a sum not ex-
ceeding twenty-five thousand dollars to be applied by the de-
partment of parks of said city through the commissioner of
parks for the boroughs of Manhattan and Richmond for keeping,
preparing, preserving and exhibiting the collections in the build-
ings in the Central park in the said city that are now or here-
after may be occupied by the American museum of natural his-
tory in addition to the sum or sums now authorized by law for
such purposes.
§ 2. This act shall take effect immediately.

AN ACT to amend the forest, fish and game law, relative to ap-
pointing additional protectors.

Became a law, March 26, 1902, with the approval of the Governor. Passed.

three-fifths being present.

The People of the State of New Yorky represented in Senate and
Assembly y do enact as follows:

Section 1. Section one hundred and seventy of article nine of
chapter twenty of the laws of nineteen hundred, entitled, "An
act for the protection of the forests, fish and game of the state
constituting chapter thirty-one of the general laws," is hereby
amended to read as follows:

§ 170. Game protectors. — ^The commission shall appoint fifty
game protectors. One shall reside in each of the counties

248.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 659

of Essex, Clinton, Franklin, Saint Lawrence, Jefferson, Lewis,
Herkimer, Hamilton, Warren and Washington and the next
eight protectors shall be appointed from said counties. Pro-
tectors shall have the power and perform the duties incumbent
upon firewardens and shall hold office during the pleasure of
the commission. The commission shall from time to time
designate from the protectors a chief game protector and two
assistant chiefs, two oyster protectors, an assistant oyster pro-
tector and a protector for the Saint Lawrence river. The chief
game protector shall have general supervision and control of
all protectors, and shall have his office with the commission.
§ 2. Thig act shall take effect immediately.

AN ACT to amend the charter of the New York city church
extension and missionary society of the Methodist Episcopal
church.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

tbree-flf ths being present

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

Section 1. Section three of chapter five hundred and eighty- SSiSd.
one of the laws of eighteen hundred and sixty-six, entitled "An
act to incorporate the New York city Sunday school and mission-
ary society of the Methodist Episcopal church," as amended by
chapter six hundred and seventy-two of the laws of eighteen
hundred and seventy-two, is hereby amended to read as follows:

§ 3. The said New York city church extension and missionary ^; [^PJ^^^**
society of the Methodist Episcopal church shall be capable of
taking and holding by purchase, gift, or devise any real or per-
sonal estate for the use and purpose of said corporation, or for
similar religious uses, but the annual income of any real estate
held by said corporation at any one time shall not
exceed twenty thousand dollars, subject to the provi-
sions of an act entitled "An act in relation to wills," passed
April thirteenth, eighteen hundred and sixty, and the acts
amending the same. All the real property now owned by the

660 LAWS OF NEW YORK. [Chap.

fn^'tobS" ®^^^ society, together with any real property hereafter acquired
SSSyo?*"' by said society shall be managed by a board of fifteen trustees,
each of whom shall be a member of the Methodist Episcopal
church, the president, the first vice-president and the disbursing
treasurer of the society for the time being shall be three of
SSSSJ? such trustees. Peter A. Welch, Charles H. Class, Joseph O.
Downes, John S. Huyler, Hiram Merritt, Anthony Smyth,
P% M. North, A. H. Brummell, W'arren A. Leonard, Charles R.
Saul, Townsend Wandell, Lemuel Skidmore, together with suet
president, first vice-president and disbursing treasurer are
hereby created such board of trustees. The twelve members
of such board of trustees, other than the officers of the society,
2jjj^*n«» shall be divided by lot into three classes of four members each,
to hold office respectively for the term of one, two and three
years from the next annual meeting of the said society. The
successors of tb*- u unices whose term of office shall expire
shall be elected at «*ni± annual meeting of the society and shall
hold office for three years after their election. The said board
of trustees shall devote the property of the society of which
they have the management and the income thereof to the pur-
poses named in this act and to no other purpose; and so long
as the board of managers shall so expend the same, the board
of trustees shall pay over to them the income of the property
of the society so managed by them, for the uses of said society.
The board of trustees may authorize the sale, transfer or mort-
gage of any real property of said society, and the application
of the proceeds to the uses of the society.

§ 2. Section four of said act as amended by chapter ninety-
four of the laws of eighteen hundred and seventy-one, chapter
six hundred and seventy-two of the laws of eighteen hundred
and seventy-two and chapter three hundred and ninety-five of
the laws of eighteen hundred and seventy-five is hereby amended
to read as follows:
SStof § *• The management of the affairs of said society,

▼estediB excepting all matters relating to its real property, shall

board of

°»*'**««^ be vested in a board of managers to be appointed and elected
annually, as provided by its constitution and by-laws, which

SL7d? board shall consist of the officers of the society, one member
from each of the Methodist Episcopal churches in the city of
New York, to be elected by the quarterly conferences; of the

249.] ONE HUNDRED AND TWENTYFIFTH SESSION. 661

pastors of said churches, and the prosidiDg elders of the

Methodist Episcopal church whose districts may, in whole or
in part, embrace the city of New York, or portions of that city,

and forty additional members to be elected annually by the
board of managers. Thirteen members of the board shall be Qtt<»««-
a sufficient quorum for the transaction of business at any meet-
ing of said board.
§ 3. This act shall take effect immediately.

Chap. 249.

AN ACT amending subdivision twenty-six of section fifty-six of
the code of criminal procedure, with reference to the jurisdic-
tion of the courts of special sessions, except in the city and
county of New York and the city of Albany, with reference to
their exclusive jurisdiction in the first instance to hear and
determine charges of misdemeanors committed within their
respective counties.

Became a law, March 26, 1902, with the approval of the Governor. Passed,

a majority being present.

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

Section 1. Subdivision twenty-six of section fifty-six of the codeof

•^ " criminal

code of criminal procedure, is hereby amended to read as fol- SSJJJSSJ^
lows:

§ 26. Driving any carriage upon any turnpike, road or high-
way for the purpose of running horses; or wilfully and with-
out authority riding a bicycle upon a sidewalk or foot-path
constructed, maintained, or allowed to remain for the exclusive
use of pedestrians, in any street where a sidepath for bicycles
is maintained outside of an incorporated city or village;
or for driving or operating any automobile or motor vehicle
upon any plank road, turnpike or public highway at an unlaw-
ful rate of speed.

§ 2. ThiA act shall take effect September flrsti nineteen hun-
dred anjd twow

662

LAWS OF NEW YORK.

[Chap.

Charter
ftmeuded.

Duties and
powers of
migror.

VAcanelPS,
how flUed.

Compmisa'
iiun.

AN ACT to amend section one of title four of chapter twenty-
five of the laws of eighteen seventy, entitled "An act to incor-
porate the city of Rome," relating to the election and appoint-
ment of city and ward officers.

Accepted by the city.

Became a law, March 27, 1902, with the approval of the Governor. Pas- eJ,

three-fifths being present

The People of the State of New York, represented in Senate and
Assembly, do enact a^ folloics:

Section 1. Section one of title four of chapter twenty-five of
the laws of eighteen seventy, entitled "An act to incorporate
the city of Rome," is hereby amended to read as follows:

§ 1. It shall be the duty of the mayor to take care that,
within said city, the laws of the state and the ordinances and
by-laws passed by the common council 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
n»port the facts to the common council; to recommend to the
council from time to tinie such means as he shall deem neces-
sary 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 said city. He shall
have power to administer oaths, and take affidavits, and to
take the proof and acknowledgments of deeds within said city,
and receive therefor the same fees that are allowed to justices
of the peace for the same services. In case the mayor shall
be unable to perform the duties of his office, in consequence of
continued sickness or absence from the city, or if there shall
be a vacancy in the office, the common council shall appoint,
by ballot, one of their number to preside at their meetings, and
the presiding officer thus chosen shall be vested with all the
powers and perform all the duties of the mayor of the city, until
the mayor shall resume his office or the vacancy shall be sup-
plied according to law. The mayor shall receive for his ser-
vices, an annual salary of five hundred dollars to be paid

251.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 6G3

quarterly, and the aldermen for any services rendered in the
discharge of their offices pursuant to the provisions of this act,
fihall not receive any compensation.
§ 2. This act shall take effect immediately.

AN ACT authorizing the canal board to terminate, settle and
adjust between the parties to all contracts made by the state
of New York for the improvement of the Erie canal, Cham-
plain canal and Oswego canal, and permitting return to the
contractors of the moneys deposited by them and payment of
all moneys legally or equitably due them under their contracts
with the state of New York.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

thTee-fifths being present

The People of the State of Neio Tork, represented in Senate and
AsBenihlyy do enact a^ follows:

Section 1. The canal board is authorized and empowered to rw^i

board «q-

termmate unfinished contracts and settle and adjust all con- S°^*gJti®
tracts, whether unfinished or completed, entered into by the «°""'~^*^
state of New York, for the improvement of the Erie canal, the
Champlain canal and the Oswego canal, pursuant to chapter
seventy-nine of the laws of eighteen hundred and ninety-five,
and chapter seven hundred and ninety-four of the laws of eight-
een hundred and ninety-six, and also all claims, legal or equi-
table, arising out of such contracts, as soon as contractors who
desire to avail themselves of this act shall comply with section
two hereof.

§ 2. Any contractor who desires a termination of his unfin- f^^ff^
ished contract, or a settlement and adjustment of his completed of'Sma-ack
contract, and of any claim arising out of such unfinished or com-
pleted contract, under this act, shall within sixty days after
this act becomes a law, file in writing with the canal board, the
request that such contract or claim be terminated or settled and
adjusted, as the case may be. The canal board shall as soon as
practicable after the filing of such request, find and determine DetermtiM^
the sums of money due such contractor under and in accordance **<>•«*•

664 LAWS OF NEW YORK. [Chap.

with the terma and conditions of his contract, together with the
interest dne thereon, and the sums of money due such claimant
upon hia claim arising out of any such contract, and the interest
due thereon, and thereupon the canal board shall notify, in
writing, such contractor of its finding and determination. In
making such finding and determination, the canal board shall
have the right to disregard all technicalities which might be in-
terposed to the right of the contractor to recover, provided that
in ignoring such technicalities the cost to the state of New York
of the work done under the contract is not greater than if said
work had been performed by a person against whom such tech-
nicalities could not be interposed, and said canal board shall
have the right to consider and act upon the equities involved in
the case of any such contract or claim in the same manner and
only in the same manner as the supreme court of the state of
■*"■• New York in the exercise of its equitable jurisdiction. If, upon
such determination and finding of the canal board, such con-
tractor desires to accept the findings and determination of said
board, he must within sixty days after receiving such notice of
0aid determination and finding, file with the canal board a re-
lease duly executed, by which he forever releases and discharges
the state of New York, its ofiicers and servants, from all claims
for damages under his contract, and from all further claims of
any name or nature existing against the state under and by
virtue of said contract or arising therefrom; and after such con-
tract shall be terminated, no such contractor or surety upon hiA
bond shall have or maintain any claim for damages against the
state of New York, its officers or servants, in connection with
such contract or for any sum of money claimed to be due or
unpaid under or by virtue of said contract or arising therefrom,
▲moimt § 3. Upon the filing of such release, the canal board may in
bJpSd.** its discretion by resolution to that effect, terminate any contract,
S^uSS*" and the proper state officials shall pay over and return to such
contractor or his assigns the amount deposited with the super-
intendent of public works at the time of the submission of his
bid, with such interest as such deposit shall have earned for the
atate, and the ten per centum retained by the state under the
provisions of chapter seventy-nine of the laws of eighteen hun-
dred and ninety-five, and chapter seven hundred and ninety-four
of the laws of eighteen hundred and ninety-six for the work

flUng

252.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 665

performed and materials furnished parsuant to the terms of said
contract, together with any sum« of money found and determined
by the canal board to be due him under the findings made pur-
suant to the second section of this act^ with interest upon such
amounts from the time such sums became due under the con*
tract.
§ 4. This act shall take effect immediately.

AN ACT to amend the state charities law, relating to the
finances of the state charitable institutions and creating the
office of fiscal supervisor.

Became a Islw, March 27, 1902, with the approTal of the Goyemor. Passed,

three-fifths being present

The People of the State of Neio Torky represented in Senate and
ABBemllyj do enact as follows:

Section 1. Article three of chapter five hundred and forty- state tfhui

^ •^ ««• law

six of the laws of eighteen hundred and ninety-six, entitled *a«»<to4.
"An act relating to state charities, constituting chapter twenty-
six of the general laws," as amended by chapter four hundred
and thirty-six of the laws of eighteen hundred and ninety-nine,
is hereby amended to read as follows:

ARTICLE III.

Bbgulation of Statb Charitable Institdtioks and Bbpobts to

AND Accounts Against Municipalities.

Section 40. Fiscal supervisor of state charities.

41. Office and clerical force of fiscal supervisor.

42. Powers and duties of fiscal supervisor.

43. Removals by governor.

44. Fiscal year.

45. Monthly estimates of expenses; contingent fund.

46. Monthly statements of receipts and expenditures.

47. Affidavit of steward; vouchers.

48. Purchases.

49. Plans and specifications; contracts.

60. Visitations and reports by managers or trustees.

666 LAWS OF NEW YORK. [Chap.

Section 51. Reports to supervisors of appointments and commit-
tals to charitable institutions.

62. Reports by officers of certain institutions to clerks of

supervisors and cities.

63. Verified accounts against counties, cities and towns.

Section 40. Fiscal supervisor of state charities. — The office of
fiscal supervisor of state charities is hereby created. On or
before April fifteenth, nineteen hundred and two, the governor
shall appoint, by and with the advice and consent of the senate,
a fiscal supervisor of state charities. A successor to such super-
visor shall be appointed in like manner. The term of office of the
fiscal supervisor of state charities shall be five years, and he
shall be paid by the state an annual salary of six thousand dol-
lars, and his actual and necessary expenses. If a vacancy shall
occur, otherwise than by expiration of term, in the office of fiscal
supervisor of state charities, a fiscal supervisor of state charities
shall be appointed in the manner provided by this section for the
unexpired term of his predecessor.

§ 41. Office and clerical force of fiscal supervisor. — ^The fiscal

supervisor of state charities shall be provided by the proper

authorities with a suitably furnished office in the state capitol.
He may employ a secretary, a stenographer and such other

employees as may be needed. The salaries and reasonable ex-
penses of the fiscal supervisor and the necessary clerical assist-
ants shall be paid by the treasurer of the state, on the warrant
of the comptroller, out of any moneys appropriated therefor.

§ 42. Powers and duties of fiscal supervisor. — ^The fiscal super-
visor shall, as to the state charitable institutions, the New York
state school for the blind and the Elmira reformatory;

1. Visit each of such institutions at least twice in each cal-
endar year.

2. Examine into the condition of all buildings, grounds and
other property connected with any such institution, and into
all matters relating to its financial management, and for such
purpose he shall have free access to the grounds, buildings, and
all books, papers, property and supplies of any such institution;
and all persons connected with any such institution shall give
such information and afford such facilities for such examination
or inquiry as the supervisor may require.

:112,] ONE HUNDRED AND TWENTY-FIFTH SESSION. (;67

3. Appoint, in his discretion, a competent person to examine
the books, papers and accounts of any institution to the extent
deemed necessary.

4. Annually report to the legislature his acts and proceedings
for the year ending September thirtieth last preceding, with
8uch facts in regard to the condition of the buildings, grounds
and property, and the financial management of the state chari-
table institutions, the New York state school for the blind and
the Elmira reformatory as he may deem necessary for the in-
formation of the legislature, including estimates of the amounts
required for the use of such institutions and the reasons there-
for. The fiscal supervisor shall also on the first days of January
and July in each year report to the governor the condition of
the buildings, grounds and property on such date, together with
fluch suggestions in regard to the financial management of such
institutions as he deems proper. He shall also, on request of
the governor or of any committee of either house of the legis-
lature, make a special report in relation to the condition- of
the buildings, grounds and property, or the financial manage-
ment of such institutions, or of any of them.

§ 43. Bemovah by governor. — A fiscal supervisor of state
charities, or the superintendent or the steward of any institu-
tion, subject to the provisions of this article, may be removed
by the governor for cause, an opportunity having been given
him to be heard in his defense.

§ 44. Fiscal year. — The fiscal year of all state charitable
institutions, of the New York state school for the blind and of
the Elmira reformatory shall commence with the first day of
October in each year, and close with the thirtieth day of Sep-
tember, next succeeding; and the annual reports of such insti-
tutions required by this chapter, shall be made for the fiscal
year as herein named.

§ 45. Iffonthly estimates of expenses; contingent fund. —
The superintendent or other managing oflfi(*(»r of each of the
state charitable institutions, of the New York state school for
the blind at Batavia and of the Elmira reformatory shall, on or
before the fifteenth day of each month, cause to be prepared
triplicate eetiraates in minute detail, of the expenses required for
the institution of which he has the supervision, for the ensuing
month. He shall countersign and submit two of such triplicates

668 LAWS OF NEW YORK. [Chap.

to the fiscal supervisor, and retain the other to be placed on file
in the oflSce of the institution. The fiscal supervisor may cause
fiuch estimates to be revised either as to quantity or quality of
supplies and the estimated cost thereof, and shall certify that
he has carefully examined the same and that the articles con-
tained in such estimate, as approved or revised by him, are
actually required for the use of the institution, and shall there-
upon present such estimate and certificate to the comptroller.
Upon the revision and approval of such estimate, the comptroller
shall authorize the boards of managers, trustees or other manag-
ing officers of such institutions to make drafts on him, as the
money may be required for the purposes mentioned in such esti-
mates, which drafts shall be paid on his warrant, out of the
funds in th^ treasury of the state appropriated for the support
of such institutions. In every such estimate, there shall be a
sum named, not to exceed two hundred and fifty dollars, as
a contingent fund, for which no minute detailed statement need
be made. No expenditures shall be made from such contingent
fund, except in case of actual emergency, requiring immediate
action, and which can not be deferred without loss or danger to
the institution, or the inmates thereof. The treasurer of any
such institution shall not pay accounts for goods furnished,
salaries of officers or employees, unless they are contained in the
estimate provided in this section, and duly approved by the fiscal
supervisor. Nor shall the treasurer of any institution named or
referred to in this section pay accounts for supplies furnished to
officers or employees, unless the same be drawn from the ordi-
nary supplies provided for the general use of the institution. No
persons, other than the officers and employees of such institu-
tions, and the families of the superintendents, medical officers,
adjutants, quartermasters or stewards, necessarily residing
therein, shall be allowed rooms and maintenance, except at a
rate fixed by the state comptroller and the fiscal supervisor
with the approval of the governor. The officers and employees
in the office of the state comptroller on April first, nineteen hun-
dred and two, performing duties under section forty-one of the
state charities law, in relation to the estimates of the state chari-
table institutions, of the New York state school for the bhnd,
and of the Elmira reformatory are hereby continued in office and

252.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 669

transferred to the oflSce of the fiscal supervisor subject to his
direction and control.

§ 46. Honthly statements of receipts and expenditures.
— The treasurer of each state charitable institution, of the New
York state school for the blind and of the Elmira reformatory
shall, on or before the fifteenth day of each month, make to the
fiscal supervisor a full and perfect statement of all the receipts
and expenditures, specifying the several items, for the last
preceding calendar month. Such statement shall be veri-
fied by the affidavit of the treasurer attached thereto, in

the following form: *I, treasurer of the

do solemnly swear that I have deposited in the

bank designated by law for such purpose all the moneys re-

ceived by me on account of such during the last

month; and I do further swear that the foregoing is a true
abstract of all the moneys received, and expenditures made by
me or under my direction as such treasurer during the month
ending on the day of v • • nineteen

§ 47. Affldavit of steward; vonoliers. — ^There shall be at-
tached to such treasurer's statement, the affidavit of the
steward or other officer having like powers, to the effect that
the goods and other articles therein specified were purchased
and received by him or under his direction at the institution,
that the goods were purchased at a fair cash market price and
paid for in cash, and that he or any person in his behalf had
no pecuniary or other interest in the articles purchased; that
he received no pecuniary or other benefit therefrom in the way
of commission, percentage, deductions or presents, or in any
other manner whatever, directly or indirectly; that the articles
contained in such bill were received at the institution; that
they conformed in all respects to the invoiced goods received
and ordered by him, both in quality and quantity. Such state-
ment shall be accompanied by the voucher showing the pay-
ment of the several items contained in the statement, the
amount of such payment and for what the payment was made.
Such vouchers shall be examined by the fiscal supervisor
and compared with the estimates made for the- month for
which the statement is rendered^ and if found correct shall
be endorsed and forwarded by the fiscal supervisor, with the
statement, to the comptroller, who shall have the power of final

670 LAWS OF NEW YORK. [Chai'.

audit in accordance with the estimate. If any voucher is found
objectionable, the fiscal supervisor or the comptroller shall
endorse his disapproval thereon, with the reason therefor, and
return it to the treasurer, who shall present it to the board of
managers for correction and immediately return it. Al!
vouchers shall be filed in the office of the comptroller.

§ 48. Purchases. — All purchases for the use of the state
charitable institutions, of the New York state school for the
blind or of the Elmira reformatory shall be made for cash and
not on credit or time; every voucher shall be duly filled up at the
time it is taken, and with every abstract of vouchers paid, there
shall be proof on oath that the voucher was filled up and tho
money paid at the time it was taken. The board of managers or
trustees shall make all needful rules and regulations ;o enforce
the provisions of this section. The fiscal supervisor, a member
or officer of the state board of charities or manager or
officer of any such institution, shall not be interested, directly or
indirectly, in the furnishing of materials, labor or supplies for
the use of any of such institutions nor shall any manager or
trustee act as attorney or counsel for the board of managers or
trustees thereof. The fiscal supervisor may arrange with the
boards of managers or trustees of the institutions mentioned in
this section for the purchase by joint contract, of such staple
articles of supplies as it may be found feasible to purchase for
the use of such institutions, or any of them. Such contracts
shall be executed by the stewards, under the direction of the
boards of managers or trustees, and subject to the approval of
the fiscal eupervisor. Such contracts shall not be let except in
conformity with the provisions of this act in relation to esti-
mates. All goods for the use of such institutions except those
furnished pursuant to law by some other institution of the state
shall be bought, as far as practicable, of manufacturers or their
immediate agents. All contracts, if let, shall, subject to the pro-
visions of this article relating to estimates, be awarded to the
lowest responsible bidder. Each of such institutions may manu-
facture such supplies and materials to be be used in the institu-
tion as can be economically made therein. When requested by
the fiscal supervisor, the superintendents of such institutions, or
any of them, shall meet at the office of the fiscal supervisor at

252. J ONE HUNDRED AND TWENTY-FIFTH SESSION. 671

Albany, for the purpose of considering the feasibility of joint
contracts.

§ 49. Flans and specifioations; contracts. — The governor, the
president of the state board of charities, and comptroller, or
a majority of such oflBcers, shall approve or reject plans and
specifications for new buildings for any state charitable insti-
tution or for the New York state school for the blind
and also for unusual repairs or improvements to exist-
ing buildings of such institutions or school; and no
such building shall be erected or such repairs or improve-
ments made until the plans and specifications therefor have
been so approved. Contracts for such erection, repairs or im-
provements may be let by the board of managers or trustees,
with the approval of the governor, the president of the state
board of charities and comptroller, or a majority of such officers,
for the whole or any part of the work to be performed, and in
the discretion of the managers or trustees, and, subject to such
approval, such contracts may be sublet. The comptroller and
the board of managers or trustees shall determine to what ex-
tent and for what length of time advertisements are to be
inserted in newspapers for proposals for the erection, repairs
or improvements of state charitable institutions, the New York
state school for the blind or the Elmira reformatory. A pre-
liminary deposit or certified check drawn upon some legally
incorporated bank or trust company of this state shall in all
cases be required as an evidence of good faith, upon all pro-
posals for buildings, repairs or improvements, to be deposited
with the superintendent of the institution for which the work
is to be performed, in an amount to be determined by the state
architect. All contracts for the erection, repairs or improve-
ments to state charitable institutions, the New York state
school for the blind or the Elmira reformatory shall contain
a clause that the contract shall only be deemed executory to
the extent of the moneys available, and no liability shall be
incurred by the state beyond the moneys available for the
purpose.

§ 50. Visitations and reports by managers or trustees. — The board
of managers or trustees of each of the state charitable in-
stitutions, of the New York state school for the blind and of
the Elmira reformatory, in addition to their other duties now

672 LAWS OF NEW YORK. [Chap.

required by law, shall, by a majority of its members, visit and
inspect the institution for which it is appointed at least monthly,
and shall make a written report in duplicate to the governor
and the state board of charities within ten days after each visi-
tation, to be signed by each member making such visitation.
Buch report shall state in detail the condition of the institution
visited and of its inmates, and such other matters pertaining to
the management and affairs thereof as in the opinion of the
board should be brought to the attention of the governor or the
state board of charities, and may contain recommendations as
to needed improvements in the institution or its management.

§ 51. Beportfl to supervisors of appointments and oommittals to
charitable institutions. — Every judge, justice, superintendent or
overseer of the jwor, supervisor or other person who is author-
ized by law to make appointments or commitments to any
state charitable institution, except almshouses, in which the
board, instruction, care or clothing is a charge against any
county, town or city, shall make a written report to the
clerk of the board of supervisors of the county, or of the
county in which any town is situated, or to the city clerk
of any city, which are liable for any such board, instruction,
care or clothing, within ten days after such appointment or
commitment, .and shall therein state, when known, the nation-
ality, age, sex and residence of each person so appointed or
committed and the length of time of such appointment or
commitment.

§ 52. Beports by officers of certain institutions to clerks of super-
visors and cities. — The keeper, superintendent, secretary, direc-
tor or other proper oflBcer of a state charitable institution
to which any person is committed or appointed, whose board,
care, instruction, tuition or clothing shall be chargeable to
any city, town or county, shall make a written report to the
clerk of such city or to the clerk of the board of supervisors of
the county, or of the county in which such town is situated,
within ten days after receiving such person therein. Such re-
port shall state when such person was received into the institu-
tion, and, when known, the name, age, sex, nationality, resi-
dence, length of time of commitment or appointment, the name
of the officer making the same, and the sum chargeable per
week, month or year for such person. If any person so ap-

252.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 673

pointed or committed to any such institution shall die, be re-
moved or discharged, such officers shall immediately report to
the clerk of the board of supervisors of the county, or of the
county in which such town is situated, or to the city clerk of
the city from which such person was committed or appointed,
the date of such death, removal or discharge.

§ 63. Verified acoounts against ooimties, cities and towns. — ^The
officers mentioned in the last section shall annually, on or
before the fifteenth day of October, present to the clerk oif
the board of supervisors of the county, or of the county
in which such town is situated, or to the city clerk of a city
from which any such person is committed and appointed, a veri-
fied report and statement of the account of such institution
with such county, town or city, up to the first day of October,
and in case of a claim for clothing, an itemized statement of
the same; and if a part of the board, care, tuition or clothing
has been paid by any person or persons, the account shall show
what sum has been so paid; and the report shall show the name,
age, sex, nationality and residence of each person mentioned in
the account, the name of the officer who made the appointment
or commitment, and the date and length of the same, and the
time to which the account has been paid, and the amount claimed
to such first day of October, the sum per week or per annum
charged, and if no part of such account has been paid, the report
shall show such fact. Any officer who shall refuse or neglect to
make such report shall not be entitled to receive any compen*
sation or pay for a^y services, salary or otherwise, from any
town, city or county affected thereby. The clerk of the board
of supervisors who shall receive any such report or account
shall file and present the same to the board of supervisors of hia
county on the second day of the annual meeting of the board
next after the receipt of the same.

§ 2. Subdivision twelve of section nine of chapter four hundred
and forty-six of the laws of eighteen hundred and ninety-six,
entitled "An act relating to fftate charities, constituting chapter
twenty-six of the general laws,^^ as added by chapter five hun-
dred and four of the laws of eighteen hundred and ninety-nine,
in relation to approval of plans, and sections eleven to fourteen,
both inclusive, of chapter three hundred and seventy-eight of the

674 LAWS OF NEW YORK. [Chai\

laws of nineteen hundred, entitled "An act to revise, consolidate
end amend the several acts relating to the New York state
reformatory at Elmira," in relation to estimates, are hereby
repealed.

§ 3. Thifi act shall take effect April first, nineteen hundred and
two.

!AN ACT to amend the benevolent orders law relative to joint

corporations and their powers.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

a majority belDg. present

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

5S««?Sw Section 1. Section nine of chapter three hundred and seventy-
seven of the laws of eighteen hundred and ninety-six entitled
''An act in relation to benevolent orders, constituting chapter
forty-four of the general laws," is hereby amended to read as
follows :

§ 9. Powers. — Such corporation may acquire real property in
the town, village or city in which such hall, temple or building
is or is to be located, and erect such building or buildings
thereupon for the uses and purposes of the corporation, as
the trustees may deem necessary, or repair rebuild or reconstruct
any building or buildings that may be thereupon and furnish and
complete such rooms therein as may appear necessary for the
use of such bodies or for any other purpose for which the corpora-
tion is formed; and may rent to other persons any room in such
building or any portion of such real property. Until such real
property shall be acquired or such building erected or madcy
ready for use, the corporation may rent and release such rooms
or apartments in such town, village or city as may be suitable or
convenient for the use of the bodies mentioned in such certificate,
or of such other bodies as may desire to use them, and the board
of trustees may determine the terms and conditions on which
rooms and apartments in such building or buildings, when
erected, or which may be leased, shall be used and occupied^
Before such corporation shall purchase or sell any real property
or erect or repair any building or buildings thereupon, and be-

254.] ONE HUNDRED AND TWENTYFIFTH SESSION. 675

fore it shall purchase any building or part of a building for the
use of a corporation, it shall submit to the bodies constituting
the corporation, the proposition to make such sale or purchase,
or to erect or repair any such building or buildings or to rent
any building or part thereof, for the use of the corporation,
and unless such proposition receives the approval of two-thirds
of the bodies constituting the corporation, such proposition shall
not be carried into effect. The evidence of the approval of such
proposition by any such body shall be a certificate to that effect
signed by the presiding oflQcer and secretary of the body or the
officers discharging duties corresponding to those of a presiding
officer and secretary under the seal of such body. But where
land is purchased for the purpose of erecting a hall or temple
thereon, the buildings upon such land at the time of such pur-
chase may be sold by the trustees without such consent. Such
corporation shall have power to take and hold real and personal
estate by purchase, gift, devise or bequest, subject to the pro-
visions of law relating to devises and bequests by last will and
testament or otherwise.
§ 2. This act shall take effect immediately.

AN ACT to provide for borrowing money upon the credit of the
city of Hudson, to erect a public school building in said city,
procure a proper site therefor and to secure temporary
accommodations for scholars.

Accepted by the city.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New YorJc^ represented in Senate and
Assembly y do enact as follows:

Section 1. It shall be the duty of the common council of the oommM

oouncll

city of Hudson to borrow upon the credit of said city, such sum »»»•" »>oi-

*' ^ •" row moiiej.

of money not exceeding twenty thousand dollars, as the board
of education of said city shall certify to said common council
to be necessary for the erection and furnishing of a public
school building in said city, to procure a proper site therefor
and for providing temporary accommodations for scholars.
Said twenty thousand dollars to be borrowed by the common

676

LAWS OF NEW YORK.

[Chap.

Uterwt

BondSt
>wae of.

Sale of
bondB.

council of said city, within thirty days from the time of said cer-
tification, upon such terms and at such rate of interest, not
exceeding four per centum per annum, as shall be deemed for
the best interest of said city, and secure the same by issuing
bonds of said city, signed by the mayor and clerk, and sealed
with the seal of said city, which shall be made of such denomi-
nations respectively, and payable at such times as said common
council shall determine. Said bonds shall be sold at public
auction at not less than par, and all moneys realized on the
sale of such bonds, including any premiums thereon, shall be
paid to the city treasurer and by him placed to the credit of the
board of education of said city, and paid out only on the order
or draft of such board for the purposes aforesaid, in carrying
into effect the provisions of this act.

§ 2. The common council of said city shall raise such amounts
of money by tax upon the taxable property of said city as shall
be sufficient to pay the principal and interest of said bonds as
the same shall become due and payable which amounts so to
be levied and collected shall be in addition to the amount that
is now or shall be authorized to be raised for other purposes
by law.

§ 3. This act shall take effect immediately.

AN ACT to amend the county law, constituting chapter
eighteen of the general laws, relating to salaries of the
county judge and surrogate of Schenectady county.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Torkj represented in Senate and
Assembly, do enact a^ follows:

Section 1. Subdivision forty-four of section two hundred and
twenty-two of chapter six hundred and eighty-six of the laws of
eighteen hundred and ninety-two, entitled ^^An act in relation to
counties, constituting chapter eighteen of the general laws,"
is hereby amended to read as follows:

44. Schenectady |2000. |2000.

ukM^^U. § 2* ^*^*® ^^^ *^^^^ *^^® effect on the first day of January,
nineteen hundred and three.

Ck>iint7 Uw
amendecL

256.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 677

AN ACT to amend the Greater New York charter, relative to

inferior courts of criminal jurisdiction.

Accepted by the city.

Became a law, March 27, 1902, wSth the approval of the Goyemor. Passed,

three-fifths being present

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

Section 1. Section thirteen hundred and ninety-six of chapter SSSSid.
four hundred and sixty-six of the laws of nineteen hundred and
one is hereby amended so as to read as follows:

§ 1396. The said board of city magistrates in the first AppomtMi.
diTision may appoint police clerks' assistants, stenographers,
interpreters and other necessary attendants. Such appointees,
including those in office when this act takes effect, shall hold
their respectiTe positions so long as they are faithful, capable
and of good conduct, and before removal, for want of either or
all of said qualifications, the individual against whom charges
are made shall have notice thereof, and an opportunity to make
an explanation in the presence of the board, and the reasons
for any removal shall be briefly entered in the minutes. The
police clerks' assistants, and other assistants in any city magis-
trate's court, shall obey the reasonable directions of the police
clerk assigned to that court, subject, however, to the proper
orders of the city magistrate presiding and of the board of city
magistrates. The number of police clerks' assistants in the first
division shall not exceed eighteen. Police clerks' assistants in
the boroughs of Manhattan and the Bronx shall receive a salary
not exceeding two thousand dollars per annum. The salary of
the stenographers shall not exceed, in the first division and the
borough of Brooklyn, two thousand dollars per annum; in the
other boroughs, eighteen hundred dollars per annum. There
shall be no police clerks' assistants in the boroughs of Queens
and Richmond, except as provided in the next section.

§ 2. This act shall take effect immediately.

678 LAWS OF NEW YOKK. [Chap.

AN ACT to amend section one of chapter fiye hundred and
eeyenty of the laws of eighteen hundred and ninety-five,
entitled ^^An act for the incorporation of associations for the
improTement of the breed of horses and to regulate the same;
and to establish a state racing commission/'

Became a law, March 27, 1902, wHh the approval of the Governor. Passed,

a majority belDg present

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

JjjJ^^ Section 1. Section one of chapter five hundred and seventy
of the laws of eighteen hundred and ninety-five, entitled "An
act for the incorporation of associations for the improvement
of the breed of horses and to regulate the same; and to estab-
lish a state racing commission", is hereby amended so as to
read as follows:

gwywfc- § 1. Any number of persons, not less than five, may become
a corporation for the purpose of raising and breeding and im-
proving the breed of horses, with all the general powers of cor-
porations created under the laws of this state, by making, sign-

ow«fle»t6 ing, acknowledging and filing a certificate which shall contain:

iftUoB. -^^ f|ijjg name of the proposed corporation.

2. The objects for which it is to be formed, including a state-
ment as to whether it is proposed to exercise the particular
powers conferred by section three of this act, and specifying
whether it is proposed to conduct trotting or running or steeple-
chase race meetings.

3. The amount and description of the capital stock.

4. The number of shares of which the capital stock shall con-
sist, each of which shall not be less than five nor more than
one hundred dollars.

5. The location of its principal business office.

6. Its duration, which shall not exceed fifty years.

7. The number of its directors, not less than five nor more
than thirteen, who shall each be a stockholder having at least
five shares of stock.

8. The names and post-office addresses of the directors for
the first year.

257.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 679

9. The post-office addresses of the subscribers and a state-
ment of the number of shares of stock which each agrees to
take in the corporation.

No certificate of incorporation under this section wherein the ^^"i®^**
right to conduct running or steeplechase race meetings is swVn^
claimed, shall hereafter be filed without the approval of the
state racing commission endorsed thereon or annexed thereto,
stating that, in its opinion, the purposes of this act and the
public interests will be promoted by such incorporation, and
that such incorporation will be conduciye to the interests of
legitimate racing.

§ 2. Section four of said act is hereby amended to read aa
follows:

§ 4. Except as provided in this act, no corporation or asso- ST^SeS
ciation hereafter organized under this act or heretofore organ- efo*!tote

filed.

ized in pursuance of law for any purpose authorized by this act,
shall have any of the powers conferred by section three hereof
until it shall have filed in the office or offices where its certifi-
cate of incorporation was filed, a further certificate stating that
its capital stock has been fully paid in in cash, and if claiming
the right to conduct running race meetings, that it actually
maintains a race track of not less than one mile in length or
circumference, the location of which shall be specified in such
certificate. If such corporation or association was organized
after the first day of February, nineteen hundred and two, and
it claims the right to conduct running race meetings, the cer-
tificate must also have endorsed thereon, or annexed thereto,
the approval of the state racing commission. Such cer-
tificate shall be executed and acknowledged by its presi-
dent or vice-president and its treasurer or secretary, and veri-
fied by them to the effect that the statements contained in it
are true. In the case of racing courses to be used for running ueenMtto

be Iliad.

races or steeplechases, a license from the state racing commis-
sion must also be obtained in the manner hereinafter provided,
and such license be filed with such certificate.
§ 3. This act shall take effect immediately.

680 LAWS OF NEW YORK. [Chap.

AN ACT to amend the highway law relative to reports of the

commiBsioner of highways.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

thiree-flfths being present

The People of the State of Neto Torky represented in Senate and
Aeeembly^ do enact as follows:

S?^*^ . Section 1, Subdivision two of section nineteen of chapter five

MMnded.

hundred and sixty-eight of the laws of eighteen hundred and
ninety, entitled "An act in relation to highways, constituting
chapter nineteen of the general laws," as amended by chapter
thirty-five of the laws of nineteen hundred and one, is hereby
amended to read as follows:

2. The sum received by them for penalties, commutations and
all other sources, and an itemized account of all moneys paid
out during the year, with receipts or vouchers in full by the
respective parties to whom such money was paid, which account
and each and every receipt or voucher is to be filed forthwith
with the town clerk of the town, and be open to public inspecs
tion during the office hours of such clerk.

§ 2. This act shall take effect immediately.

AN ACT to amend the town law, relating to reports by town

officers that disburse public moneys.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

T^mntaw Soctiou 1. Section one hundred and sixty-one of chapter five
hundred and sixty-nine of the laws of eighteen hundred and
ninety, entitled "An act in relation to towns constituting chapter
twenty of the general laws," as amended by chapter four hun-
dred and eighty-one of the laws of eighteen hundred and ninety-
seven and chapter three hundred and sixty-three of the laws

kded.

260.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 681

of eighteen hundred and ninety-eight is hereby amended to read
as follows:

§ 161. Meeting of town board for reoeiving aooonnts of town
offloers. — ^At the meeting of the town board held on the Tuesday
preceding the biennial town meeting and on the corresponding
date in each alternate year, or on the third Tuesday of December
in each year, all town officers who receive or disburse any
moneys of the town, shall account with the board for all such
moneys received and disbursed by them by virtue of their office,
and produce all receipts, orders and vouchers which they may
have respecting the same, but no member of the board shall sit
as a member of the board when any account in which he is
interested is being audited by the board. I^he board shall make
a statement of such accounts, and append thereto a certificate
signed by at least a majority of them, showing the state of the
accounts of each officer at the date of the certificate, which
statement, certificate, receipts, orders and vouchers shall
each be filed with the town clerk of the town, within three days
thereafter, and be open to publio inspection during the office
hours of such town clerk.

§ 2. This act shall take effect immediately.

Ctiap. 260.

AN ACT to provide for the appointment of a commission to
examine wild and forest land in Suffolk county with the view
to the location thereon of a state park.

Became a law, March 27, 1902, wHh the approval of the (Governor. Passed,

three-fifths being present

The People of the State of New Torh^ represented in Senate and
Assemhly, do enact as follawe:

Section 1. Within thirty days after the passage of this act oommta.
there shall be appointed by the governor three commissioners, P^intmen*
to be known as the Long Island state park commissioners.
Said commissioners shall hold office until January first, nineteen
hundred and three. Each commissioner shall be entitled to re- compenift-
ceive his actual disbursements for his expenses in performing
the duties of his office, to be audited by the comptroller. In the

682

LAWS OF NEW YORK.

[Chap.

event that any of the persons so appointed as above will not
hS^fliied! undertake the office, or in case of a vacancy, such vacancy shall

be filled by the governor,
dutSfc**''* § 2. The said commissioners shall have power and it shall be
their duty to examine the forest or wild land in the territory
embraced in the towns of Smithtown, Islip, Brookhaven, Biver-
head and Southampton, with the view to the location therein
of a state park, for the protection of forests and the protection
and breeding of deer and wild game. If in the opinion of said
commissioners there is in such territorv five thousand or more
acres of forest or wild land suitable for such purpose, they shall
cause to be made by the state engineer, and it shall be his duty
Map. where ^q make, a map of such tract or tracts of land. Such map shall
be certified by a majority of the commissioners and a copy
thereof shall be filed in the office of the secretary of state, and
in the office of the county clerk of Suffolk county.

§ 3. The said commissioners shall ascertain to the best of
their ability the value of such wild and forest land and
the price per acre at which five thousand or more acres thereof
can be acquired by the state, and whether a good clear and
unincumbered title can be obtained; and the said commissioners
are hereby authorized to take from the owner or owners of
said lands a contract or contracts binding such owner or owners
to convey said lands to the state of New York at the option of
the state, at any time within two years from the date thereof.

§ 4. The said commissioners shall hold their first meeting at
twelve o'clock noon at the court house in the village of River-
head, in the county of Suffolk on the second day of June, nine-
teen hundred and two. The said commissioners shall at said
meeting choose from themselves a president and a secretary.
On or before the first day of January, nineteen hundred and
three, the said commissioners shall prepare and submit to the
legislature of this state a report embodying the result of their
investigation and their conclusions.
§ 6. This act shall take effect immediate]/.

Oontraeti.

Meeting!.

Offlceifb

Bepork

261,] OIJJE HUNDRED AND TWENTY-FIFTH SESSION. 683

Chap. 261.

AN ACT to authorize the county of Albany to provide for the
temporary detention of juvenile delinquents with the Mohawk
and Hudson river humane society and make compensation
therefor.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

a majority being present

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

Section 1. The Mohawk and Hudson river humane society is ^Jg^SSSr
hereby authorized to receive and detain temporarily in its house JSvenSlrd*.
of detention in the city of Albany, juvenile delinquents who may
be temporarily committed to its charge pending a decision by
the magistrate or court or the superintendent of the almshouse
of Albany county before whom such delinquent may be brought
as to the disposition or judgment which may be made in the par--
ticular case. Immediately upon the commitment of any juvenile
delinquent to it for the purposes aforesaid, the Mohawk and
Hudson river humane society shall notify the superintendent of
the almshouse of the county of Albany of the fact of such com-
mitment, stating the name of such delinquent, its sex, its age,
the offense charged and the date of the commitment and by
whom. Immediately upon the discharge of such child or its
commitment to some other institution, it shall be the duty of
the society to advise the superintendent of the almshouse of
Albany county to that effect. Said superintendent of the alms-
house of Albany county shall include within his statement to
the board of supervisors thereof each year a statement of the BtatomMi
juvenile delinquents who may have been committed within the
year to the care and custody of said society, and the board of
supervisors of Albany county is authorized to audit the claim
of said society for the care of said juvenile delinquents during
the time that they shall remain under its custody and control
and for such services as shall be rendered and such disburse-
ments as shall be made by the society in connection therewith^

§ 2. This act shall take effect immediately.

684 LAWS OP NEW YOBK. [Chap.

AN ACT for the snirTej of a proposed navigable canal between

Hempstead bay and Jamaica bay.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. The state engineer and snrveyor is hereby author-
ized and directed to make a snrvey of the most direct, and best
location, and route for a navigable canal of six feet depth and
fifty feet width at mean low water mark or level, from Hemp-
stead bay on the westerly end of Great South bay, by the best
route as may be determined by the survey to Norton's creek,
and thence northwesterly through Norton's creek to Beach
channel in Jamaica bay, being a distance of about three miles.

§ 2. The sum of five hundred dollars or so much thereof as
may be necessary is hereby appropriated for the purpose of
■aid survey.

§ 3. This act shall take effect immediately.

!AN ACT to amend the agricultural law, relative to the time

of holding the state fair.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Section one hundred and forty-two of chapter three
hundred and thirty-eight of the laws of eighteen hundred and
ninety-three, entitled "An act in relation to agriculture, con-
stituting articles one, two, three, four and five of chapter thirty-
three of the general laws,'' as added by chapter three hundred
and forty-six of the laws of nineteen hundred, is hereby amended
to read as follows:

263.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 685

§ 142. State fair. — It shall be the duty of the said commission
to hold a state fair at such times as it may deem proper, and
between January first and February fifteenth in each calendar
year to publish the time of holding said fair in such year. It
shall not be lawful for any corporation, association or individual
to hold or conduct any trotting or pacing race or races during
the week in which the state fair is held except upon half mile
tracks, and except at the fairs held by agricultural societies which
have received moneys from the state, and no corporation, associa-
tion or individual holding such races during said week shall be
entitled to any of the benefits conferred by chapter five hundred
and seventy of the laws of eighteen hundred and ninety-five and
any acts amendatory thereof or by any general or special law.
Such commission may make, alter, suspend or repeal needed rules
relating to such fair, including the times and duration thereof,
the terms and conditions of entries and admissions, exhibits, sale .
of privileges, payment of premiums, and any other matters which
it may deem proper in connection with such fair. It shall furnish
to each person who on the seventeenth day of January, nineteen
hundred was a life member of the state agricultural society, a
free admission to the fair ground during the fair of each year
during the life of such member.

§ 2. The acts of the state fair commission in fixing the time
of holding the state fair for the year nineteen hundred and two,
and in publishing such time are hereby legalized, ratified and
confirmed, and shall be of the same force and effect as if such
time had been fixed and published during the period between
January first and February fifteenth, nineteen hundred and twow

§ 3. This act shall take effect immediately.

686 LAWS OP NEW YORK. [Chap.

lOad.

3LN ACT to amend chapter six hundred and Bixty-six of the laws
of eighteen hundred and ninety-three, entitled "An act to
revise, amend and consolidate the several acts relating to
the village of Canandaigna, and to repeal certain parts of
acts,'' as amended by chapter one hundred and thirty-one of
the laws of eighteen hundred and ninety-four, in relation to
the provisions for the police department of said village.

Became a law, March 27, 1902, with the approval of the Governor. Passed,

a majority beings present

The People of the State of New York, represented in Senate and
Assemhlj/y do enact as follows:

Section 1. Section twenty-five of title six of chapter six hun-
dred and sixty-six of the laws of eighteen hundred and ninety-
three, entitled "An act to revise, amend and consolidate the
several acts relating to the village of Canandaigna, and to re-
peal certain acts and parts of acts," is hereby amended so as to
read as follows:
fjjMjr § 25. The pay of each of said policemen shall be fixed by said

police commissioners, and shall be at the rate of not less than
forty-five nor more than sixty dollars per month, for such time
as any such policeman shall actually serve, except that the
policeman designated as chief of police shall be paid at the rate
of not less than sixty nor more than seventy-five dollars per
month, and each of such special patrolmen shall be paid two
dollars for each day he shall actually serve. Such salaries shall
be paid monthly upon the warrant of the trustees of said vil-
lage, drawn upon the treasurer of the village, and the money to
pay the same shall be taken from the fund which is designated
as the police justice fund; whenever there shall not be suffi-
cient money to the credit of that fund with which to pay such
salary, then and in that case the trustees of the village of Can-
andaigna are hereby authorized to borrow money sufficient for
such purpose, and the amount so borrowed shall be in addition
to and collected with the amount annually raised by taxation in
said village as now authorized by law. Such policemen shall
not receive any other compensation, except when traveling in
discharge of their duty in conveying persons to prison, or by

265.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 687

direction of the police commissioners in the discharge of their
duties, or upon direction of the police justice upon warrant
issued by him, when their actual expenses shall be paid upon a
verified account of the items of such expenses in detail, to be
certified by the board of police commissioners, and audited and
paid by the trustees of the village of Ganandaigua, out of the
police justice fund. The board of police commissioners may by
resolution give to any such policeman, including the policeman
designated as the chief of police, a vacation or vacations, not ^•^•tioiii.
exceeding in the aggregate two weeks in any year; and the
period or periods of such vacation or vacations shall be in-
cluded as a part of the time for which such policeman shall
be entitled to pay as time actually served by hinu
§ 2. This act shall take effect immediately.

AN ACT to amend section twenty-five hundred and thirteen ol
the code of civil procedure relative to stenographer for surro-
gates courts in counties other than New York and Kings.

Became a law, March 27, 1902. with the approval of the Governor. Passed,

three-fifths beiDg present

The People of the State of New Tork, represented in Senate and
Assembly, do enact as folloxcs:

Section 1. Section twenty-five hundred and thirteen of the code of
code of civil procedure is hereby amended so as to read as JJSSSSS!
follows:

§ 2513. The surrogate of each county except New York and JiJKS, .p.
Kings, may, in his discretion, appoint, and at pleasure remove, K?c?m°'
a stenographer for his court, who shall be paid a reasonable oc
compensation, certified by the surrogate, in every case in which
he takes notes of testimony. Such compensation is part of the
costs of the proceedings. The stenographer of the surrogate's
court of the counties of Albany, Erie, Niagara and Rensselaer
shall receive a salary, to be fixed by the surrogate, in the county
of Niagara not exceeding eight hundred dollars per annum, and
in the counties of Albany, Erie and Rensselaer, not exceeding
twelve hundred dollars per annum, and shall deliver to the sur-
rogate of the county a full copy of all the minutes taken by

688 LAWS OP NEW YORK. [Chap.

him; and on the receipt of his fees, not exceeding three centB
per folio, a like copy to the party, or each of the parties, to the
proceeding in which the minutes were taken. When not actu-
ally engaged in the discharge of his duties as stenographer, he
shall i)erform such clerical duties in connection with the sur^
2J5Si. rogate's court as the surrogate directs.

§ 2. This act shall take effect immediately.

AN ACT to amend section six hundred and sixty-six of the
penal code in relation to the use of automobiles or motor
yehicles on highways.

Became a law, March 27, 1002, with the approval of the Goyemor. Passed,

a majority being, present

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

m^M.^ Section 1. Section six hundred and sixty-six of the penal code
is hereby amended to read as follows:

§ 666. A person driving any vehicle upon any plank road, turn-
pike or public highway, who unjustifiably runs the horses draw-
ing the same, or causes, or permits them to run, or
who drives or operates an automobile or motor vehicle,
whether the motive power of the same be electricity,
steam, gasoline or other source of energy, upon any
plank road, turnpike or public highway within any city or incor-

g2^ porated village, at a greater rate of speed than eight miles per
hour, except where a greater rate of speed is permitted by the
ordinance of a city, or upon any plank road, turnpike or public
highway outside of any city or incorporated village at a greater
rate of speed than twenty miles per hour, or upon any bridge
at a greater rate of speed than four miles per hour, is guilty

Peiiftit7. of a misdemeanor, and shall be fined for the first offense not
exceeding the sum of fifty dollars, and for the second offense
not exceeding fifty dollars, or by imprisonment for a term not
exceeding six months, or both.
2 2. This act shall take effect immediately.

268.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 689

AN ACT to amend the forest, fish and game law, relative to
taking of shellfish on beds of natural growth.

Became a law, March 27, 1902, with the approval of the GoTemor. Passedt

three-fifths being present

Hie People of the State of New Tork, represented in Senate and
Assembly y do enact as follows:

Section 1. Section one hundred and twenty-five of chapter ^^«^ji^
twenty, of the laws of nineteen hundred, entitled "An act for ISindtd.
the protection of the forests, fish and game of the state, con-
stituting chapter thirty-one of the general laws," is hereby
amended to read as follows:

§ 125. Dredging and raking for shellfish. — Dredges for taking
of shellfish from public or unleased lands shall not be operated
from any boat propelled otherwise than by sail or oars,

§ 2. This act shall take effect immediately.

AN ACT to amend chapter one hundred twenty of the laws ol
eighteen hundred eighty-six, entitled "An act to revise the
charter of the city of Lockport " and the several acts amenda-
tory thereof and supplemental thereto, relating to the con-
struction and maintenance of water works and the procuring
of a supply of pure and wholesome water sufficient for public
and domestic purposes, and to repeal section one hundred
flfty-flve of said act.

Passed without the acceptance of the city.

Became a law, March 28, 1902, with the approval of the Governor. Passedy

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 hundred thirty-five of chapter one hun- oh«rt«
dred and twenty of the laws of eighteen hundred and oighty-six,
entitled, "An act to revise the charter of the city of Lockport,''

CItf water

MUhorlMd.

690 LAWS OF NEW YORK. [Chap^

and the sereral acts amendatory thereof and supplemental
thereto is hereby amended so as to read as follows:

§ 135/ The city may purchase, construct, maintain, and regu-
late water works for supplying said city and its inhabitants
with water and may purchase, lease or otherwise acquire such
lands, easements, property, tenements, hereditaments, rights,
privileges and franchises, as may be required therefor, within
the counties of Niagara, Erie and Genesee; and in case the city
is unable to agree upon the terms of purchase or lease of such

oondemnft. property, it may acquire the same by condemnation proceedings.

""""'•■• For the purpose of securing a supply of pure and wholesome
water in and for said city for public and domestic purposes, the
common council may and it is hereby authorized:

22J^ First. To issue bonds to an amount deemed necessary by the

common council, not exceeding fire thousand dollars, and ex-
pend the proceeds thereof in the investigation of the different
sources and plans for a supply of pure water for municipal and
domestic purposes for the city of Lockpori, and to employ an
expert or experts, in the performance of such work. Said bonds

tatantt, snail bear interest at not to exceed four per centum per annum,

mtISoa. payable semi-annually, and shall not be sold at less than par.
Said bonds shall be signed by the mayor and countersigned by
the city clerk of said city, and be sealed with the city seal, and
the principal and interest thereof shall be payable at the office
of the city treasurer of said city, or at such other place as the
common council thereof shall designate. The city treasurer
shall invite sealed proposals for said bonds by public adver-
tising for not less than ten days, and shall award the same to
the highest bidder or bidders therefor, provided that no pro-
posals for said bonds shall be accepted for less than the par
value of the same. Said proposals shall be publicly opened by
the city treasurer in presence of the mayor and city clerk. One-
fifth of the amount of the principal of the bonds so issued shall
become due and payable in each year after the issue thereof
until said bonds be fully paid. The conjmon council of said city
is authorized to raise by general tax levy in each and every year,
after the passage of this act, the amount of principal and inter-
est of said bonds due in each such year. The moneys received
from the sale of said bonds shall be placed by the city treasurer

268.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 691

to the credit of a fund to be known as the '^ municipal water
supply investigation fund," and shall only be used for the pur- •
poses of this act, and all drafts thereon shall be audited and
approved by the common council.

Second. To submit to the electors of said city, any proposi- uJ!2to*be
tion, which may be adopted by it under the subsequent subdi- toet^^
visions of this section, or either of them; and no contract or
agreement shall be entered into nor any bonds issued, as therein
provided, until the proposition, which has been adopted by the
common council, shall have been submitted to and approved by
the electors as herein provided. Such proposition shall be sub-
mitted to such electors in the manner provided by the election law, Eiecuoa

law

at either a general or special election, and the common council is «ppiu»bia.
hereby authorized to call a special election for such purpose.
If a special election be called it shall be held in accordance with
the provisions of the election law applicable thereto. The com-
mon council shall cause to be published twice in each week, for Puwioattam
at least three weeks immediately preceding such election, in all
the daily newspapers published in said city, a notice subscribed
by the clerk of said city, containing in general terms the propo-
sition or propositions to be submitted to the electors at such
election, and the estimated expense to the city, involved therein
or the amount of bonds proposed to be issued therefor. Every
elector qualified to vote at such election shall be entitled to vote Eieeumtm

vot« on

upon such proposition or propositions, and a majority of all the g^^J^
electors voting thereon shall be necessary to the approval
thereof. In the event of the failure of the electors of said city
to so approve of any proposition or propositions so submitted,
said common council shall have the power again to submit the
same or any other proposition or propositions in the manner
hereinbefore provided and to continue such submission from
time to time until the approval of a proposition so submitted
be had. In the event of the approval by the electors of a propo-
sition therefor submitted as required by this subdivision, the
common council shall, and it is hereby authorized to.

Third. Acquire, construct, maintain, control, and operate a SS5*5^
system of water works, with pumping stations, conduits, reser- worSt.
voirs and other requisites to furnish the city of Lockport
with water from any source in Niagara, Erie or Genesee coun-

692

LAWS OF NEW YORK.

[Chap.

Contnusli.

Bondib

ties, OP any body of water adjacent thereto. The common
council and all persons acting under its authority and direction
shall have the right to enter, appropriate, occupy and use any
public street, highway, avenue, road or other public ground,
for the purpose of constructing, maintaining and operating Huch
water works in the counties aforesaid, but shall, in all cases,
restore the same to its former state of usefulness. A contract
01 agreement shall not be entered into under this section which
shall require an expenditure of more than five hundred dollars,
without first advertising for at least sixty days for proposals
to enter into contract for the work or materials required, and
all such contracts shall be let to the lowest bidder, who fihall
furnish such security for faithful performance as shall be ap-
proved by the council, and the council may reject bids, in its
discretion, and readvertise for proposals. If the city of Lock-
port shall construct a system of water works under the x^x'o-
visions of this subdivision, said common council is hereby au-
thorized to issue bonds in the name and upon the credit of the
city of Lockport, which shall be executed by the mayor under
the corporate seal of the city and countersigned by the city
clerk, in an amount not exceeding five hundred thousand dol-
lars. Such bonds shall bear interest at the rate of not to ex-
ceed four per centum per annum, and shall become due and
payable at such time and place, and shall be of such denomina-
tions as the common council may direct, unless otherwise pro-
vided by law. If the amount of bonds issued under this subdi-
vision, together with the then existing indebtedness of the city
shall exceed ten per centum of the then assessed valuation of
the real estate of the city of Lockport as shown by the last
assessment roll, then the bonds issued hereunder, in excess, of
such ten per centum, shall be made payable in not to exceed
twenty years; and the common council shall provide for their
redemption by raising annually a sum which shall pro-
duce an amount equal to the sum of the principal and
interest on such bonds at their maturity. Such bonds shall be
sold to the highest bidder, after the same shall have been
advertised for not less than thirty days by the city treasurer;
but in no event shall the bonds be sold at less than par. The
A^piieation moneys received from the sale of such bonds shall be placed

Interest,
rate, and
wben
payable.

ProTlston

forr^

demptlon.

seieof

bond*.

268.] ONR HUI^DRED AND TWENTY-FIFTH SESSION. 693

by the city treasurer to the credit of the water supply fund,
aud shall be used for no purpose other than the discharge of
the indebtedness incurred under the provisions of this section.
All moneys required to pay the interest upon such bonds and
the charges and expenses of maintaining and operating such
water works, over and above the receipts therefrom, and to pay
and discharge said bonds, as the same shall from time to time
become due, shall be raised by general tax upon the real and '^^
personal estate within said city, as the same may from time to
time be bounded, in addition to any sum authorized by section
two hundred and thirty-one of this act, and in the manner pro*
vided by title fourteen of this act. Upon the construction and
completion of such water works, the same shall be operated and
controlled by the board of water commissioners of said city; or

Fourth. In the place and stead of constructing, maintaining gJ^Y.'h*'*
and operating a water works system, as in the third sub- ''*'*'• ^^
division of this section provided, enter into a contract with
any person or corporation, for a term not exceeding thirty
years, for the furnishing of an adequate supply of pure and
wholesome water sufficient for all municipal and domestic
purposes, to be taken from any source in Niagara, Erie or
Genesee counties or any body of water adjacent thereto, to
be delivered either into a reservoir in or near the city of
Lockport, or directly into the water mains of the city water
works system, and from time to time may extend or renew
such contract. If, under this subdivision, a contract be made
for the furnishing of a supply of pure and wholesome water to
be delivered into a reservoir in or near the city of Lockport,
then the common council shall have power to erect, construct oommoa
and maintain a pumping plant, or plant and reservoir, with such %i!S^\n
necessary connections with the present water works system of STpiSSST"
said city, as may be needed for the purpose of distributing water
throughout the city. If the city of Lockport shall construct a
water works distributing plant or plant and reservoir, under the
provisions of this subdivision, said common council is hereby au-
thorized to issue bonds in the name and upon the credit of the Bonds,
city of Lockport, which shall be executed by the mayor, under
the corporate seal of the city, and countersigned by the city
clerk in an amount not exceeding the cost of such plant or

694

LAWS OF NEW YORK.

[Chap.

Interest.

Cbntraotfl,
how
Inrlted
and let.

Tax.

Aathority

to leafte

existing

water

worka

ijratem.

ProTlelont
iQ lease.

plant and reservoir, and not exceeding three hundred thousand
dollars. Said bonds shall bear interest and shall become due
and payable, and shall be sold and the proceeds thereof disposed
of in the manner provided by sudivision three of this section.
A contract for the construction of such distributing plant, or
plant and reservoir, shall not be made under this subdivision
of this section, without first advertising for at least sixty days
for proposals, to enter into contract for the work or materials
required and all such contracts shall be let to the lowest bidder,
who shall furnish such security for faithful performance as

shall be approved by the council, and the council may reject

•

such bids, in its discretion, and readvertise for proposals. All
moneys required to pay the amount due upon such contract for
the furnishing of such water in each year, and the expenses
of maintaining and operating such distributing plant, or plant
and reservoir, and to pay the interest and principal of said
bonds, over and above the income of the water works depart-
ment, shall be raised by general tax upon the real and personal
property within said city, as the same may from time to time
be bounded, in addition to any sum authorized by section two
hundred thirty-one of this act, and in the manner provided by
title fourteen of this act; or

Fifth. In place and stead of the exercise of the powers granted
to it in the third subdivision of this section, and, in addition
to the exercise of the powers granted to it in the fourth subdi-
vision of this section, lease for a period not exceeding thirty
years and extend or renew the same from time to time, the
existing water works system of the city of Lockport, with pro-
visions in said lease for extensions and renewals of said exist-
ing water works system, to any person or corporation that will
contract as in said fourth subdivision prescribed to furnish
a supply of pure and wholesome water, sufficient in quantity
for both domestic and municipal, including fire purposes, to be
taken from a source of supply in Niagara, Erie or Genesee
counties, or any body of water adjacent thereto, to be approved
by the common council, and to distribute, furnish and sell the
same to the city and its citizens at a fair and just compensa-
tion; subject, however, to the approval of the electors of said
city as provided in subdivision second of this section. Any

268.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 693

contract made under this subdivision must require the lessee ^^"''••^
to maintain the present water works system in good repair and
to surrender the same at the expiration of the lease in as good
condition as the same was at its commencement, ordinary depre-
ciation by use, excepted, and to furnish such reasonable security
therefor as the common council may require.

Sixth. The city of Lockport shall have the right at the expi- JJ*y ;;*y
ration of any contract or lease entered into under subdivisions l^;S^x^ltM,
four or five of this section to acquire by purchase or condemna- eipirWion

or contraol

tion, all property and rights of any party contracting with the or ieM«.
city to furnish water, under subdivisions four or five of this
section, and which are used by such party exclusively therefor,
provided notice in writing of its intention so to do shall **~^*^
have been given by said city at least two years before
the expiration of such contract or lease. If the city of
Lockport shall acquire the property and rights of any party
or corporation, contracting with the city to furnish water under
subdivisions four or five of this section, said common council is
hereby authorized to issue bonds in the name and upon the credit g;jj^^
of the city of Lockport, which shall be executed by the mayor,
under the corporate seal of the city, and countersigned by the
city clerk, in an amount not exceeding the purchase price of such
property and rights. Such bonds shall bear interest and shall intemt
become due and payable, and shall be sold and the proceeds 8ai<^
thereof disposed of, and moneys necessary to pay all interest upon
the same, and the charges and expenses of maintaining and oper-
ating such water works, and to pay and discharge said bonds,
over and above the receipts therefrom, shall be raised by general
tax in the same manner as provided by subdivision three of this '^^^
section.

§ 2. Section one hundred fifty-five of said act is hereby fSSSSU.
repealed.

§ 3. This act shall take effect immediately.

696 LAWS OF NEW YORK. £Chaf,

AN ACT to incorporate the city of Plattsbnrglj.

Became a law, March 29, 1902, with the approval of the Goremor. Passed^

three-fifths being present.

The People of the State of New Torkf represented in Senate and
Assemhliff do enact as folUms:

THE CHABTEB 07 THE CITY 07 PLATTSBTJBGH.

Title I. Incorporation, boundaries, civil divisions and defi-
nitions. (§§ 1-5.)
IL City officers, eligibility, elections, appointments^
terms of office, compensation, filling vacancies.
(§§ 7-17.)

III. City officers; their general powers and duties*

(§§ 18-35.)

IV. The common council. (§§ 36-51.)

y. Department of public works, local Improvements,
streets, highways, sewers, paving streets and con-
struction of sidewalks. (§§ 52-70.)
VI. The fire department. (§§ 71-79.)
VII. The police department. (§§ 80-97.)
VIII. Department of public instruction. (§§ 98-113.)
IX. Health department. (§§ 114-118.)
X. Department of charities. (§§ 119-123.)
XI. Department of law. (§§ 124-129.)
XII. City court. (§§ 130-143.)

XIII. Actions by and against the city. (§§ 144-146.)

XIV. Assessment and taxation. (§§ 147-169.)
XV. Miscellaneous. (§§ 170-185.)

TITLE I.

Incorporation; Boundaries; Civil Divisions; Dbpinitions*

Section 1. Short title; public act.
2. Boundaries of the city.
8. Corporate name and powers.
4. Division into wards; ward boundaries.
6. Definitions.

269.J ONE HUNDRED AND TWENTY-FIFTH SESSION. 697

Section 1. Short title; public act. — ^This act is a public act and
shall be known as " the charter of the city of Plattsburgh.'*

§ 2. Boundaries of the city.— All that part of the town of
Plattsburgh, in the county of Clinton, within the following
boundaries, is hereby constituted a city, which shall be known
and designated as the " city of Plattsburgh," to wit: Beginning
in the shore of Lake Champlain, at low-water mark in Cumber-
land bay, at the southeast corner of lot number ninety-seven,
Plattsburgh old patent, running thence northerly In the east
bounds of said lot to the south bounds of the highway leading
from the state road to Cumberland head; thence westerly in
the south bounds of said highway to the west bounds of the
state road; thence southerly in the west bounds of the state
road to a point which is the intersection with the north line of
lot number one hundred and twelve extended easterly; thence
westerly in the said line extended and along the north line of
said lot number one hundred and twelve to the northeast corner
of lot number one hundred and one, thence southerly in the east
bounds of lot number one hundred and one to the northeast cor-
ner of the Boynton farm; thence westerly in the north bounds of
the Boynton farm and the said north bounds extended westerly
to the so-called Beekmantown road; thence south in the east
bounds of said road to the south bounds of Boynton avenue;
thence westerly in the south bounds of Boynton avenue to the
northwest corner of lot number ten; thence southerly in the
west bounds of lot number ten to the south bounds of the so-
called plank road; thence westerly in the south bounds of the
said plank road to the northwest corner of lot number sixteen;
thence southerly in the west bounds of lot number sixteen to
Rugar street; thence westerly in the north bounds of Bugar
street to the northeast corner of lot number twenty -eight;
thence southerly in the east bounds of lot number twenty-eight
and the same line extended to the south bounds of the Saranao
river; thence easterly in the south bank of said river, as it winds
and turns, to the east bounds of lot number sixty-six; thence
southerly in the east bounds of lot number sixty-six to the
southwest corner of lot number ninety-four; thence easterly in
the south bounds of lot number ninety-four to the west bounds
of the highway crossing said lot; thence northerly in the west
bounds of said highway to the south bounds of the right of

698 LAWS OF NEW YORK. [Chap.

way of the Chateaugay railroad; thence easterly along the
south bounds of said right of way, as it winds and turns, to
the north line of lot number sixty, Plattsburgh old patent;
thence east along said north line of lot number sixty to the west
shore of Lake Champlain at low- water mark; thence northerly
on the westerly shore of Lake Champlain, at low-water mark
as it winds and turns, to the place of beginning.

§ 3. Corporate name and powers. — 1, The citizens of the state
of New York from time to time inhabitants within Ihe bound-
aries of the " city of Plattsburgh," as aforesaid, shall be a
municipal corporation in perpetuity under the name of the " city
of Plattsburgh," The said corporation may take, purchase, hold,
uell and convey real and personal property; it may take by gift,
grant, bequest and devise, and hold real and personal estate in
trust for any purpose of education, art, health, charity or amuse-
ment, for parks or gardens, for improvement of cemetery, foi
the erection of statues, monuments, public buildings or other
public use, upon such terms as may be prescribed by the grantor
or donor and accepted by said corporation, and may provide for
the proper execution of said trust, and may have, use, and from
time to time alter, a common seal, may sue and defend in all
courts and may do anything necessary to carry into effect the
powers granted to it.

2. Town of Plattsburgh. — The town of Plattsburgh shall here-
after consist of all the territory heretofore constituting said
town, except that portion thereof embraced within the bound-
aries of the city of Plattsburgh, and the territory embraced
within the boundaries of said city as hereinbefore described
shall not constitute or be a part of the town of Plattsburgh.

3. Snccession of liabilities. — ^The corporation known as the
Tillage of Plattsburgh and included in the boundaries of said city
is hereby dissolved, subject to the provisions of this act. The
city of Plattsburgh shall succeed to and be vested with all the
rights and property of the said village of Plattsburgh, and shall
succeed to and be liable for all the liabilities of said village cor-
poration, of every name and nature; and every suit, prosecution
or proceeding commenced by or against said village corporation,
and pending at the time of the passage of this act, may be con-
tinued by or against and in the name of said village, or at the
option of the parties thereto, the name of said city may be sub-

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 699

8 tit u ted instead of said village corporation and in the name of
said city all suits, actions or proceedings may be continued. All
divisions of said village into road, fire or other districts, high-
ways, streets, parks and alleys, shall remain, be and continue
such divisions, highways, streets, parks and alleys in the city of
Plattsbnrgh until changed or abolished by the common council
of said city; and all ordinances, rules and regulations of the
board of trustees of the said village of Plattsburgh, in force at
1 he time of the passage of this act, shall be and continue to be
in force, and shall have the same force, over the entire limits of
the city of Plattsburgh as in and by this act established, until
repealed, modified or changed by the common council of said
city; subject, however, to the provisions of this act; the said
common council is hereby authorized and empowered, in the
name, for and in behalf of the city of Plattsburgh, to enforce all
such ordinances, rules and regulations, and all contracts of said
village, including collections of debts and demands, imposition
and collection of fines and penalties, prosecution and defense of
all suits; and to do, take and perform all other acts and pro*
ceedings that may be or become necessary or proper to carry out
and enforce said contracts, ordinances, rules and regulations,
with the same power and to the full extent, as might have been
done by or on the part of the board of trustees of said village,
or by said village; and the rights and privileges of all persons or
parties that may have arisen or accrued under, pursuant to or
by reason of, any such contract, ordinance, rule or regulation,
or otherwise as well as any liability that may have arisen by
reason thereof, shall remain and be the same as they would
have been under the village charter of said village; and all rights
and liabilities of said village, existing at the time of the pas*
sage of this act, shall be in no wise affected or changed by rea-
son of this act; but all actions and proceedings which may be
hereafter commenced to enforce or protect any such accrued or
existing rights, privileges or liabilities, shall be brought and
prosecuted or defended by or in the name of the city of Platts-
burgh. All rules and regulations pertaining to the government
of the fire department of the said village, in force at the time
of the passage of this act, shall remain, be and continue the
piame under the said city as under said village government, until
modified or repealed by the proper authorities of said city of

700 ^ LAWS OP NEW YORK. [Chap.

Plattsbnrgh, and all officers and members of said Are depart-
ment of the village of Plattsburgh shall become and be the offi-
cers and members of the fire department of the city of Platts-
burgh, and shall perform all the duties devolving upon them as
such firemen, and have and retain all the rights and privileges
in the same manner and in all respects as if this act had not
been passed, subject, however, to the further provisions of this
act, and the exercise of powers by this act conferred. The
ownership and control of all the property and effects pertaining
to or connected with the fire department of said village shall, by
virtue of this act, vest in the city of Plattsburgh and in the fire
department thereof, in the same manner and to the same extent
in all respects as the same is now vested in said village and flro
department, subject, however, to such changes as the city of
Plattsburgh may make respecting the same.

§ 4. Division into wards. — ^The city shall be divided into six
wards as follows:

First ward. — All that portion of the city lying within the fol-
lowing boundaries, namely: Commencing at a point where the
center line of Brinkerhoff street intersects the center line of
Margaret street, running thence northerly in the center line of
Margaret street to the center of Bridge street, thence in the
center line of Bridge street to the center of Saranac river,
thence easterly in the center line of Saranac river to Lake Cham-
plain, thence along the shore of Lake Champlain to a point on
said shore in the center line of Lorraine street, if extended;
thence westerly in the center line of Lorraine street to the
center of Miller street, thence northerly in the center line of
Miller street to the center of Elm street; thence westerly in the
center line of Elm street to the center of Catherine street;
thence southerly in the center line of Catherine street to the
center of Brinkerhoff street, thence easterly in the center line of
Brinkerhoff street to the place of beginning.

Second ward. — All that portion of the city lying within the
following boundaries, namely: Commencing on the shore of
Lake Champlain at a point in the center of Lorraine street,
if extended, to said lake, running thence westerly in the center
line of Lorraine street to the center of Miller street; thence
northerly in the center line of Miller street to the center of Elm
street; thence westerly in the center line of Elm street to the cen-

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 701

ter of Catherine street; thence northerly in the center line of
Catherine street, if extended, to the north bounds of said city;
thence easterly in the north bounds of said city to the shore of
Lake Champlain; thence southerly along the shore of Lake
Champlain as it winds and turns to the place of beginning.

Third ward. — All that portion of the city lying within the fol-
lowing boundaries, namely: Commencing at a point on the shore
of Lake Champlain in the northerly bounds of the United States
military reservation running thence westerly in the northerly
bounds of the United States military reservation to the center
of the Saranac river; thence northerly in the center of the Sara-
nac river to the center of Broad street, if extended to said river;
thence westerly in the center line of Broad street to Margaret
street; thence in the center line of Margaret street to the cen-
ter of Bridge street; thence easterly in the center line of Bridge
street to the center of Saranac river; thence easterly in the cen-
ter of Saranac river to Lake Champlain ; thence southerly along
the shore of Lake Champlain as it winds and turns to the place
of beginning.

Fourth ward. — All that portion of the city lying within the
following boundaries, namely: Commencing in the center of
Brinkerhoff street where it is intersected by the center line of
Catherine street, running thence north in the center line of
Catherine street, if extended, to the north bounds of said city;
thence westerly in the north bounds of said city to the west
bounds thereof; thence southerly in the west bounds of said
city to the center of the plank road; thence easterly in the cen-
ter line of the plank road to the center of BrinkerhoflE street;
thence easterlv in the center line of Brinkerhoff street to the
place of beginning.

Kfth ward. — All that portion of the city lying within the fol-
lowing boundaries, namely: Commencing at a point where the
center line of Margaret street intersects the center line of Brink-
erhoff street running thence west in the center line of Brinker-
hoff street to the center of the plank road; thence westerly in
the center line of the plank road to the west bounds of the said
city; thence southerly in the west bounds of the said city to the
center of the Saranac river; thence easterly in the center of the
Saranac river to the center of Broad street, if extended to said
river; thence westerly in the center line of Broad street to Mar-

702 LAWS OP NEW YORK. [Chap.

garet street; thence northerly in the center of Margaret street
to the place of beginning.

Sixth ward. — All that portion of the city lying within the fol-
lowing boundaries, namely: All that portion of the city lying
south of the Saranac river, excepting that portion hereinbefore
placed in the third ward.

§ 5. Definitions. — ^The official and fiscal year of the city shall
commence with the first day of January of that year. The term
^' streets," as used in this act, includes highways, alleys and
lanes in the control of the public, the village of Plattsburgh,
or the city of Plattsburgh. The term " resolution '' as used in
this act, includes all orders, rules, regulations and by-laws other
than ordinances. The word ^^person," as used in this act, shall
be construed to include all persons, firms, corporations and
associations.

TITUS XI.

City Officers; Eligibtlitit; Election's; Appointments; Terms
OF Office; Compensation; Filling Vacancies.

Section 7. City oflScers,

8. Eligibility to city offices; vacancies created by

change of residence.

9. Elective officers enumerated.

10. Appointive officers enumerated; by whom appointed.

11. Compensation of city officers.

12. Commencement and expiration of term of office.

13. City elections.

14. Canvass of votes at annual election.

15. Official salaries, when payable; fees and perqui-

sites.

16. Suspensions and removals of appointive city offi-

cers.

17. Filling vacancies.

Section 7. City officers. — The officers of the city shall be a
mayor, one alderman from each ward, two supervisors, a city
clerk, a city judge, a chamberlain, a corporation counsel, fifteen
members of the board of education, three members of the board
of health, three commissioners of public works, three assessors,
a commissioner of charities, a superintendent of public works,
a diief of police, four i)atrolmen, special policemen as

£G9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 703

hereinafter provided, two constables, a chief engineer of the
fire department, a first and second assistant engineer of
the fire department, and a health officer, who shall also be the
city physician.

§ 8. Eligibility to city offices. — No person shall be elected or
appointed to any city office, other than superintendent of
schools, chief of police, patrolmen, special policemen, constables,
chief of fire department and members of the fire department,
anless he shall be at the time a resident elector and he or his
wife an owner of property in said city which is subject to taxa-
tion, nor to any ward office unless he shall be at the time a resi-
dent elector in such ward; and he or his wife an owner of
property in said city which is subject to taxation, and the elec-
tion or appointment of any person not so qualified shall be void.
No person, shall be elected city judge unless he shall have been
for at least one year previous to his election, duly admitted
to practice as an attorney and counselor in the several courts
of this state. Whenever any officer of said city, shall cease
to be a resident of said city, or of the district or ward for which
he was elected or appointed, his office shall thereby become
vacant.

§ 9. Elective city officers enumerated:

1. Elective city officers. — The elective city officers to be elected
by the electors of the city at large shall be a mayor and two
supervisors; the elective officers of the city to be elected by
each ward shall be one alderman.

2. Terms of elective officers. — Other than as provided by this
act the term of office of the mayor and aldermen shall be two
years. The term of office of supervisors shall be in duration the
same as supervisors of towns in Clinton county.

§ 10. Appointive city officers enumerated; by whom appointed;
their term of office :

1. Appointive city officers. — The appointive officers of the city
of Plattsburgh shall be a city judge, a city clerk, a corporation
counsel, a city chamberlain, three assessors, a commissioner of
charities, three members of the board of health, three members
of the board of public works, a superintendent of schools, who
shall be appointed by the board of education, a superintendent
of public works, who shall be appointed by the board of public
works, a chief of police and four patrolmen, and special police-

704 LAWS OF NEW YORK. [Chap.

men as provided in this act, two constables, a health officer, who
shall be the city physician and shall be appointed by the board
of health, a chief engineer and first and second assistant en-
gineer of the fire department and inspectors of election to fill
vacancies. All appointments made by the board of pnblic
works to any salaried position shall be subject to the approval
of the common council, but the concurrence of three aldermen
and the mayor shall be deemed the approval of the common
council. All officers whose appointments are not herein other-
wise specially provided for shall be appointed by the mayor, sub-
ject to the approval of the common council, but the concurrence
of three aldermen shall be deemed the approval of the common
council.

2. Term of office of appointive officers. — The term of office of
the city clerk shall be two years; the city judge, two years ex-
cept as herein provided; the corporation counsel, two years;
the chamberlain, except as hereinafter provided, two years; the
commissioner of charities, two years, except as herein pro-
vided; assessors, two years; members of the board of educa-
tion, five years, each member of the board of public works and
commissioners of health, two years. The term of all other ap-
pointive officers appointed by the mayor shall be determined by
the mayor, and the term of each subordinate appointed by the
said boards, shall be for such terms as such respective boards
may determine, but the terms of office of officers appointed by
the mayor shall not continue beyond the term of the mayor,
except as in this act provided, and the terms of office of ap-
pointees of the boards shall not continue beyond the term of
the members of the board, except as in this act provided.

§ 11. Compensation of city officers. — The mayor, aldermen, mem*
bers of the board of education, members of the board of
public works, and members of the board of health except the
president, shall receive no compensation for their services. The
annual salary of the city judge shall be twelve hundred dollars;
the annual salary of the city clerk shall be fixed by the common
council at a sum not to exceed seven hundred and fiftv dollars;
the annual salary of the city chamberlain shall be twelve hun-
dred dollars, but he shall receive no fees or additional compensa*
tion whatever; the annual salary of the commissioner of chari-
ties shall be four hundred dollars; the annual salary of the

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 705

health officer and city physician shall be six hundred dollars,
which shall include all expenses for medicines furnished to the
poor, under his charge. The annual compensation of each as-
sessor shall be one hundred dollars. The corporation counsel
shall receive such annual salary as shall be agreed upon by the
common council, not exceeding five hundred dollars. The super-
intendent of public works shall receive an annual salary of nine
hundred dollars; the chief of police a monthly salary of seventy-
five dollars; the patrolmen, other than special policemen, a
monthly salary of fifty dollars; the special policemen shall
receive two dollars a day if continuous employment is for
less than a month, or forty dollars a month for a full month's
service; the supervisors and constables shall be entitled to
the same compensation for their services as the corresponding
officers in towns ape entitled to receive for like services; the in-
spectors of election and such other officers as are authorized to
be appointed, shall receive the compensation fixed by law.
Salaried officers by the year or month shall be paid ratably if
actual service shall be less than the full term. No other ap-
pointive officer of the city shall be entitled to receive from the
city any compensation for his services, unless otherwise pro-
vided by this act or by a general law.

§ 12. Commenoement and expiration of term of office. — ^The term
of office of each officer elected at a general city election
shall, other than as herein provided, commence with the first
day of January in the year following such election. The term
of office of each officer appointed by the mayor or by the mayor
and the common council for a full term shall, other than as
herein provided, commence on the first day of February of the
year in which such appointment is required to be made.

§ 13. City eleotions. — ^The common council shall provide poll-
ing places, ballot boxes and other necessary material in each
election district in said city, for all elections in said city and
the manner of conducting snch elections shall, in all respects,
conform to and be governed by the general laws of this state in
respect to elections, not inconsistent with this act. On the
second Saturday prior to any regular election, the board of
inspectors shall meet as a board of registration and shall dis-
charge the duties required of such board by the provisions of

706 LAWS OF NEW YORK. [Chap.

Bubdivision three of section thirty-three of article two of chap-
ter Bix of the election law. At each such election, other than
as herein provided, a snccessor shall be elected to each elective
city officer, whose term of office shall expire within the year in
which such election is held. Public notice of every election
under this act, other than as herein provided, shall be given by
the common council, the notice thereof to be published in the
official newspapers of said city, at least once in each week for
two consecutive weeks immediately preceding the holding of
such election, which notice shall designate the officers to be
voted for at such election and the location of each polling place,
or by such notice and in such manner, as may be required by
the general election laws of this state. The polls of each gen-
eral election and of each special election in said city in which
one or more officials are to be elected, shall be opened at nine
o'clock in the forenoon and closed at four o'clock in the after-
noon. The inspectors shall canvass all votes cast for city offi-
cers and declare and make a statement of the result in the same
manner as required by the general laws of the state, and file the
same immediately with the city clerk. The city clerk shall at
least one week before the date fixed by law for the first meet-
ing of the board of registry for a city election, notify each
inspector of election, in writing of his appointment as such
inspector, and of each day for the meeting of the board of regis-
try in each election district of the city and of the date of such
election. Every inhabitant of said city who shall, at the time
and place of offering his vote, be qualified to vote for member
of assembly, shall then and there be entitled to vote for all
officers of the city at large, and for all ward officers to be elected
in his ward. To entitle an elector or voter to vote upon a propo-
sition to raise money by tax or by bonds, he must be entitled to
vote for a city officer and he must be the owner of property in
the city assessed ijpon the last preceding assessment roll there-
of; any woman, over the age of twenty-one years, who resides
in such city and is the owner of property in the city assessed
upon the last preceding assessment roll, may vote upon any such
proposition. No elector of any city shall vote in any election
district except that in which he shall reside at the time he offers
his vote, and shall have so resided at least thirty days immedi-
ately prior to the election at which he offers his vote. Each

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 707

ward of the city shall constitute an election district until some
further division be made pursuant to the provisions of this act.

§ 14. Canyass of votes at regular city election. — ^The common
council of said city shall meet as a board of city canvassers on
the next Thursday after each regular city election. The city
clerk shall present to the common council at said meeting, the
certified statements of the results of such election in the sev-
eral election districts of the city, as delivered to him by the
inspectors of election in such districts. The common council
shall canvass such certified statements and determine and
declare the whole number of votes cast for each such candidate
and what person was elected thereto. The persons having the
greatest number of votes for the respective offices to be filled
for the whole city, and those having the greatest number of
votes for the offices to be filled by the several wards, or by
wards voting for a supervisor, as hereifi provided shall be
declared duly elected. In case of a tie vote, the mayor and
common council shall fill such office by appointment for the full
term. The city clerk shall enter such determinations and
declarations in the minutes of the meeting of the common
council.

§ 15. Official salaries, when payable; fees and perquisites. — ^The
salaries of the city officers shall be payable in such install-
ments and at such times and in such manner as the common
council shall determine. The compensation fixed by the common
council or by law for the several officers shall be in full for all
services which they shall, respectively, perform for said city in
any and all capacities, other than as herein provided. All fees
and perquisites received by such officers shall, other than as
especially provided by this act or in pursuance of any general
law, be paid into the treasury for the benefit of the general city
fund.

§ 16. Suspensions and removals of appointive city officers. — The
mayor, and each city board, having appointive powers, may
remove any city officer appointed by them, for dishonesty,
incapacity, neglect of duty, or other irregularities, or for the
reason that there are no longer any duties to be performed,
giving such officers reasonable notice thereof and a reasonable
opportunity to be heard, and such officer may be suspended
pending such investigation. Such hearing shall be had before

708 LAWS OP NEW YOBK. [Chap.

the mayor upon charges in writing, a copy of which shall be
furnished to the accused.

§ 17. Filling vacancies. — ^Other than as provided in this act,
if a vacancy shall occur in any elective office of the city, except
the office of mayor, otherwise than by expiration of term, the
mayor shall appoint, with the approval of the common council
as hereinbefore provided, persons to fill such vacancies for the
balance of the unexpired term. In case of a vacancy in the
office of mayor, the vacancy for the unexpired term shall be
filled by the common council. A vacancy occurring in an
appointive office of the city, otherwise than by expiration of
term, shall be filled for the balance of the unexpired term by
the same authorities and in the same manner as an appoint-
ment for a full term.

TITLB m.

GiTT Officbrs, their Genbral Powers and Duties.

Section 18. Official oath required by all city officers.

19. Official bond of city officers.

20. Liability of city officers for unauthorized expendi-

tures and other official misconduct.

21. When expenditures to be by contract to lowest

bidder.

22. City officers authorized to administer oaths and take

affidavits and acknowledgments.
123. General powers and duties of the mayor.

24. General powers and duties of the city chamberlain.

25. General powers and duties of the city judge.

26. General powers and duties of the city clerk.

27. The corporation counsel.

28. General powers and duties of the city superintendent

of public works.

29. The aldermen.

30. The constables.
81. The assessors.

32. Health officer and city physician,

33. Powers and duties of supervisors.

34. Powers and duties of other city officers.

85. Payments of money must be made from and into
the general fund when not otherwise provided.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 709

Section 18. Official oath required of all city officers. — Each
officer of the city shall, before he enters upon the duties of his
office, take and file his official oath in accordance with article
thirteen of the constitution and section ten of the public officers'
law, and for omission so to do he shall be subject to all the
liabilities and penalties prescribed by section forty-two of the
penal code and sections thirteen, fifteen and twenty of the pub-
lic officers^ law. The mayor, clerk and city judge shall forth-
with upon election or appointment, file the certificate of his
election or appointment, together with his constitutional oath
of office with the clerk of the county of Clinton.

§ 19. Official bond of city officers. — Each city chamberlain,
clerk, superintendent of public works, commissioner of charities,
and city judge, shall, before he enters upon the duties of his
office, execute and file an official bond in accordance with sec-
tion sixteen of the statutory construction law, and sections
eleven, twelve and thirteen of the public officers' law, and fop
omission so to do shall be subject to the penalties and liabilities
prescribed in section forty-two of the penal code, and sections
thirteen, fifteen and twenty .of the public officers' law; other-
wise than as herein provided, the penal sum named in any such
bond, or the sum specified in any such undertaking at the maxi-
mum amount of liability thereon, shall be fixed by the common
council. If a surety company shall be bondsman the fee charged
therefor by the surety company shall be a charge against the
city, but no agreement as to fees or compensation to be paid
shall be made with any surety company without the approval
of the mayor.

§ 20. Liability of city officers for unauthorized expenditures and
other official misconduct. — No officers of said city or other
person shall have power or authority to make any purchase in
behalf of, or on the credit of, the city, or to contract any debt
or liability against the city, unless authorized so to do by or
in pursuance of the provisions of this act or general law; and
no account, claim or demand of any kind shall be allowed or
paid unless so authorized. If any officer of the city shall vote
for any appropriation or for the payment of expenditures of any
moneys not authorized by or in pursuance of law, such officer
shall be liable to a penalty of one hundred dollars, to be re-
covered by the city in a civil action and shall be guilty of a

710 LAWS OF NEW YORK. [Chap.

misdemeanor. If the common council or any city board shall
pass any resolution authorizing or purporting to authorize any
expenditure of money by the city for any purpose, exceeding the
amount authorized by or in pursuance of law, to be expended in
any year by the common council, each officer voting for such re-
solution shall be guilty of a misdemeanor and shall be person-
ally liable for the amount thereof, and each officer present in
the meeting at the passage of the resolution shall be deemed
as voting for the resolution unless his dissent thereto is entered
upon the minutes of the meeting at which such resolution was
passed, but the city of Plattsburgh shall not be liable therefor,
and neither the common council nor any city board or city
officer shall pay any debt or expenditure so contracted or made.
If any officer of the city authorized to make any contract in
his official capacity, or to take part in making any such con-
tract, becomes voluntarily interested in such contract, he shall
be guilty of a misdemeanor and shall also be liable to the
penalty prescribed by section four hundred and seventy-three of
the penal code. If any person having been an officer of said
city, whose term of office has expired, shall not within five 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 city, or appertain-
ing to such office, he shall be liable to a penalty of one hundred
dollars, to be recovered by the city in a civil action, together
with all damages caused by his neglect or refusal, and he may
also be proceeded against, as provided in section two hundred
and forty-seven of the code of civil procedure, and section fifty-
seven of the penal code.

§ 21. When expenditures to be by contract to the lowest bidder. —
Whenever any expenditures to be made or incurred by the
common council or city board or any city officer in behalf of the
city for work to be done, or materials or supplies to be fur-
nished, except ordinary repairing and macadamizing of streets,
shall exceed two hundred dollars, the city clerk shall advertise
for and receive proposals therefor, in such manner as the com-
mon council, or as the board or officer charged with making such
contract shall prescribe, and the contract therefor shall be let
to the lowest responsible bidder, who shall execute a bond to
said city with one or more sureties, being freeholders, or the

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 711

bond of some solvent surety company, for the faithful perform-
ance of the contract. Each surety, if an individua], shall make
an oath in writing, that he is worth a sum double the contract
price, over and above ail debts and liabilities he owes or has
incurred and exclusive of property exempt from execution, but
where the contract exceeds two thousand five hundred dollars,
the amount in which the surety is required to justify may
be made up by the justification of two or more sureties each
in a smaller sum, but in that case a surety cannot justify in a
less sum than five hundred dollars; and where two or more
sureties are required to justify, the same person cannot so con*
tribute to make up the sum for more than one of them. When
the lowest bid, in the opinion of the common council, board or
officer charged with making the contract, is too high, they shall
have the right to reject it, and may discontinue or abandon the
work or may direct the clerk to advertise for new proposals, or
with the consent of the common council, such work may be done
without publio letting, if the estimated expenditure does not
exceed five hundred dollars.

§ 22. City officers authorized to administer oaths and take affidavits
and acknowledgments. — ^The mayor, clerk and city judge of the
city shall each have the same power and authority to adminis*
ter oaths and take and certify affidavits and acknowledgments
as a justice of the peace of towns in the county of Clinton.

§ 23. General powers and duties of the mayor. — The mayor shall
be the chief executive officer of the city and shall have
and exercise all the powers conferred upon him by this act or
by the general statutes of this state, not inconsistent with this
act. It shall be his duty to see that the laws of this state
and the ordinances and by-laws passed by the common council
are faithfully executed within the city. He shall sign, on behalf
of the city, all contracts made by it, and cause the seal of the
city to be affixed thereto. He shall be the presiding officer of
the common council and shall have the right to vote upon any
question when there is a tie vote in the common council and
ex officio he shall be chairman of the board of public works,
but without vote as such chairman. He shall have power and
authority to call out and command the police and firemen when*
ever, in his discretion, he shall deem it necessary, and such
command shall be in all respects obeyed. Whenever necessary

712 LAWS OF NEW YORK. [Chap.

for the prevention or suppression of public disturbances, raobs
or riots, it shall be his duty to take such action as is authorized
by chapters three and four of title two, part two of the code of
criminal procedure, section one hundred and sixty-two of the
military code, and section twenty-one of the general municipal
law. It shall be his duty to exercise a constant supervision
and control over the conduct of all city officers, and he shall
have power and authority to examine at all times, the books,
vouchers and papers of any officer or employee of said city,
and to take and hear testimony and proof in pursuance of
sections eight hundred and forty-two to eight hundred and
sixty-nine of the code of civil procedure. He may designate,
from time to time, the place in said city where he will keep
his office. It shall be the duty of the mayor to communicate
in writing to the common council as soon after his election as
practicable, and as often thereafter as he may deem expedient,
a general statement of the affairs of the city in relation to its
finances, government and improvement, with such recommenda-
tions as he may deem proper.

§ 24. General powers and duties of the city chamberlain. — ^The
city chamberlain shall be the fiscal officer of the city, and
shall perform such duties incident to his office as the common
council may require. He shall keep an office in such place as
the common council shall provide and designate, which shall
be kept open each day in the year except Sundays and legal
holidays, from nine-thirty o'clock in the forenoon until three
o'clock in the afternoon. He shall keep separate accounts of
the different funds of the city, and shall not pay out any money
chargeable to any fund in excess of the amount standing on his
books to the credit of such fund, and shall not pay money from
any fund which is not properly chargeable thereto. The city
chamberlain shall, before the first meeting of the common coun-
cil in each month, file with the city clerk a report showing in
detail the total expenditures and receipts of the city moneys
during the next preceding calendar month, a summary state-
ment of that portion of the current fiscal year expiring with the
last day of such preceding month, and the balance at the end of
such month standing to the credit of each of the city funds.
Such statement shall be in such form as shall be prescribed,
from time to time by the common council. Before entering

269.] ONE HUNDRED AND TWENTY FIFTH SESSION. 713

upon the duties of hi« office, and within fifteen days after he
shall have received official notice of his election, the city cham-
berlain shall execute and file an official bond with two or more
sureties, or of some solvent surety company, in the penal sum
of fifty thousand dollars, in accordance with section sixteen
of the statutory construction law and sections eleven, twelve
and thirteen of the public officers' law; and for omission to
do so he shall be subject to the penalties and liabilities pre-
scribed by section forty-two of the peual code, and sections
thirteen, fifteen and twenty of the public officers' law. Such
bond shall be approved by the common council, a certificate
by the city clerk of such approval shall be endorsed thereon
and the bond so endorsed shall be filed and recorded in the
clerk's office of the county of Clinton, in the same manner as
the official bonds of town collectors, and such bond shall be a
lien on all property of such chamberlain and each of such
sureties in the county of Clinton, until the conditions of such
bond, together with all the costs and charges which may accrue
upon the prosecution thereof, shall be fully satisfied, where-
upon, the common council, shall, by resolution, declare that
such bond is satisfied and a copy of such resolution, duly certi-
fied by the city clerk, may be filed and recorded in the office
of said county clerk and shall operate to discharge the same
and the lien thereof from record. A true copy of such bond
and certificate shall be filed in the city clerk's office. It shall
be the duty of the chamberlain to receive all state, county,
city and local taxes, assessments and water rents which *

may be paid at such office and to retain there, and not else-
where, the possession of the warrants and assessment-rolls
which may, from time to time, be delivered to him by the clerk
of the city. He shall enter daily, in suitable books, all sums
of money received by him for taxes and for fees for collection
of taxes or otherwise received, with the name of the person or
corporation on whose account the same shall be paid, and shall
at the expiration of each month exhibit the same in his office
to the mayor and finance committee of the common council for
their action. He shall also enter in a column in the assessment-
rolls in his possession, opposite the names of the person or
corporations who shall pay their taxes or assessments, the fact
of the payment, the amount thereof with collection fees and the

714 LAWS OF NEW YORK. [Chap.

date when paid. He shall also keep a record of all persons,
and their respective addresses, who may pay taxes for non-
residents of said city, and the residence of such non-residents,
so far as he can ascertain the same. The chamberlain shall be
the custodian of all securities, obligations and other evidence
of debt belonging to the city. He shall annually settle with
the common council, and as much oftener as it may require,
for all tax-rolls and warrants issued to him, and for all moneys
received or collected by him including fees for collection for
school or other purposes and produce the proper vouchers of
the board of education and other officers for all money paid
upon the warrants, drafts or orders of said officers. At the
time of the annual settlement and immediately preceding the
expiration of his term of office, or within such time after the
annual settlement as the common council may fix, he shall pay
to his successor in office all such moneys remaining in his hands
including such collection fees and deliver to such successor in
office, all assessment-rolls, books, papers and property, belong-
ing to said city or pertaining to the affiairs of the city in con-
nection with the duties of his office.

§ 26. (General powers and duties of the city judge. — ^The city
Judge shall be the judge of the city court which shall have both
civil and criminal jurisdiction. He shall possess all the juris-
diction, power and authority in both civil and criminal proceed-
ings as are or may be vested in justices of the peace of a town,
together with such other powers and duties as are conferred upon
him by this act, and shall collect to the same fees in civil pro-
ceedings as such justices of the peace; and on the first day of
each month he shall report and pay over to the city chamber-
Iain all fees collected by him during the preceding month.

§ 26. (General powers and duties of the city clerk. — ^The city
clerk of said city shall be ex officio clerk of the common council,
of the board of public works and of the board of health, and he
shall also be registrar of vital statistics of the said city, and
shall discharge the duties imposed by law upon such office or
officer, but shall receive from the city no fees therefor directly
or indirectly. He shall perform such other duties incident to his
office as may be required by the common council or by any such
board. He shall keep the minutes of the meetings of the com-
mon council and of each board of which he is ex officio clerk,

269.] ONE HUNDKED AND TWENTY-FIFTH SESSION. 715

and shall record in books to be kept for that puriK>se, all pro-
ceedings of the common council and of each such board^ and
index the same. He shall keep an office at such place as the
common council shall provide and designate. He shall have
charge, custody and control of the corporate seal, books, papers,
documents and official minutes of the city, except as otherwise
provided or in pursuance of law. He shall keep a book and
alphabetically index and record therein all bonds of the city of-
ficers as well as all contractors' or other bonds running to the
city or any of its officers, and note therein the date of filing each
bond. He shall upon request and the payment of fees therefor,
make certified copies of all records and documents in his posses-
sion or under his control, as such clerk or ex officio clerk, and
may affix the corporate seal of the city to any such certificate,
and such seal shall be deemed to be his official seal, and any such
certified copies shall be evidence as provided in section nine hun-
dred and thirty-three of the code of civil procedure. He shall
be entitled to demand and receive fees and appropriate the same
to his own use for such certified copies^ at the rate of ten cents
per folio, from each x>erson other than a city officer, upon whose
request any such certified copy is made and delivered. He shall
keep an accurate acconnt of all fees and moneys received by him
as such clerk or ex officio clerk, other than his salary, including
fees received by him as registrar of vital statistics, and shall, on
or before the tenth day of each month, pay over all such fees
and moneys received by him (except the fees aforesaid for copies)
during the month immediately preceding, to the city chamber-
lain to the credit of the general fund, for which he shall take a
receipt and file the same in his office. Such receipt shall, at all
times, be subject to examination by the common council^ or any
member thereof. His office is hereby declared a town clerk's
office for the purpose of depositing and filing therein, all books
and papers required by law to be filed in a town clerk's office,
and he shall possess all the powers and discharge all the duties
of a town clerk not inconsistent with this act, except that chattel
mortgages shall be filed as heretofore in the office of the county
clerk in Clinton county, and the law relating thereto is not by
thi0 act changed.

§ 27. The corporation counsel. — ^The corporation counsel shall
be the official advisor of the common council, and all the boards
and other officers of the city, including the assessors. He shall,

716 LAWS OF NEW YORK. [Chai».

when directed by the mayor or by the common council, prosecute
all charges agaioErt appointees and prosecute and defend all
actions and proceedings by and against the city and every de-
partment thereof, including criminal prosecution for violations
of ordinances and violations of any provision of this act, and per-
form such other professional services relating to said city, as the
mayor and common council may direct. He shall when required,
prepare all legal papers, contracts, deeds and other instruments
for the city and the different departments thereof. At the ex-
piration of his tenure of office he shall hand and deliver to his
successor in office, as soon as qualified, the record or register of
all suits or proceedings in which the city or any of its depart-
ments may be a party, and also all papers on the part of the city
therein, and also sign stipulations substituting said successor as
attorney for the city to such suits or proceedings, to the end that
a substitution order may be entered making substitution. All
costs in litigated cases, wherein the city is successful shall belong
to the city, and when collected shall be paid to the chamberlain
and credited to and form a part of the general fund of the city;
except, however, such costs exclusive of disbursements as may
be awarded the city when defendant. Such costs when collected
shall belong to the corx>oration counsel and may be retained by
him.

§ 28. General powers and duties of city superintendent of public
works. — ^The superintendent , of public works shall, under the
direction of the board of public works, have the general
supervision and direction of all public works, including the
water systems, within the jurisdiction of the board. He shall
prepare and submit to the board of public works at such times
as they shall direct, pay rolls in such form as the board of
public works may prescribe, verified by his oath, setting forth
the work done for the city under his charge since the last pay
roll, and specifying the name of each person employed thereon;
the time he labored, his wages, number of days and the amount
due him, and name the fund to which each item is chargeable.
When said pay rolls are audited by the board of public works
and approved by the mayor the persons named therein shall be
paid by the chamberlain from the proper fund of the city, on
account of which said work shall be performed or said expenses
incurred.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 717

§ 29. The aldermen. — It shall be the duty of every alderman
to attend the regular and special meetings of the common
council; to act upon committees where thereunto appointed by
the mayor or common council; to arrest or cause to be arrested
all persons violating the laws of the state or ordinances, by-
laws or police regulations of the city when such violations are
committed in his presence; to report to the mayor all subordi-
nate officers who are guilty of any official misconduct or neglect
of duty; to aid in maintaining peace and good order in the city,
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. The aldermen shall in
their respective wards be fence viewers, and shall possess all
the powers and authority, in respect to division fences, or walls
in their respective wards, which are given by law to fence
viewers of towns with respect to division fences and shall be
entitled to receive the same fees as fence viewers of towns.

§ 30. The constables. — The constables of said city shall have
the same powers, duties and jurisdiction and be subject to thD
same liabilities as if the city of Plattsburgh were a town in the
county of Clinton and they were cowtables thereof, except that
they shall not execute any criminal process or exercise any au-
thority or power in any criminal actions or proceedings, or spe-
cial proceedings of a criminal nature, for or on account of any
offense committed or charged to have been committed within
said city.

§ 31. The city assessors. — ^The city assessors shall perform
all the duties required of them by this act in relation to the
assessment of property in said city as well for the purpose of
imposing taxes levied by the board of supervisors of Clinton
county as those levied by the common council of said city and
to that end they shall perform all the duties and possess all
the powers and authority of town assessors except as modified
by this act.

§ 32. Health officer and city physician. — ^It shall be the duty
of the city physician, under the direction of the commissioner
of charities, to visit at their places of abode such of the poor
of the city as may be ill and give medical attention and care,
and shall supply such medicines for the same as their condition
shall require.

718 LAWS OF NEW YORK. [CHAr,

§ 33. Powers and duties of snperyisors. — The snpervisors of
the city of Plattsburgh shall have the same powers and duties
as the supervisors of the towns of Clinton county, and shall
be members of the board of supervisors of the county of Clin-
ton. They shall receive the same compensation allowed by law,
in the same manner as supervisors of towns except fees for
copying assessment rolls and extending taxes, which last
mentioned fees if charged or received shall be paid to the city
chamberlain for the use of the city. The supervisors elected,
appointed or qualified under this act shall be recognized by the
board of supervisors of Clinton county and be allowed to take
their seats as members of said board and participate in all
deliberations and proceedings of said board during their term
of office. Other than as provided by this act, their term of
office shall begin the first day of January next after their
election. They shall also discharge all other duties imposed
upon them by this act. The city shall be regarded as a town
of Clinton county for the purpose specified in title three,
'Chapter ten, article second, of the code of civil procedure,
respecting the selection, drawing and procuring the allowance
of trial jurors. The super^sors and the city clerk and assessors
of said city shall together perform the duties prescribed in
said article. A duplicate of the list of jurors selected by
them shall be filed in the office of the clerk of said
city, which shall be deemed a town clerk's office for that
purpose. The supervisors and the clerk and assessors of said
city shall meet in the clerk's office at the time provided by law
for like meetings in towns, and proceed to discharge the duties
imposed upon them by the code of civil procedure, as aforesaid,
and by this act; and the list made by them, shall constitute the
list of persons to serve as trial jurors for the ensuing three
years. The supervisors elected under this act and the clerk
and assessors of said city shall meet every third year there-
after for the same purpose and make and file lists so required
by them.

§ 34. Powers and duties of other city oflcers. — The powers
and duties of all other city officers shall be such as are here-
after prescribed in this act, or when not so prescribed, as pro-
vided by existing general laws applicable to such officers, or as
designated by the mayor and common council.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 719

§ 36. Payment of money must be made from and into tlie gen-
eral fund when not otherwise provided. — Other than as herein
provided, all moneys belonging to said city shall be paid to the
chamberlain thereof and deposited to the credit of the general
fund of the city; and all payment of moneys made by said city
or by any board or oflScer thereof, when authorized by or In
pursuance of law, and the fund from which such payment is not
otherwise designated, shall be made from the general fund, but
nothing in this act shall be construed as limiting, modifying or
repealing any provision of the general law*

TITLE IV.

Thb Common CouNoiLb

Section 36. Organization and procedure of the common counciL

37. Mayor^s approval or veto.

38. G?ime of taking effect of resolutions and ordinances.

39. Amount of annual city tax levy.

40. Annual estimates and reports by boards and oflScersw

41. Financial reports.

42. Subdivision of funds.

43. General legislative powers.

44. Improvements and removal of nuisances at expense

of owners.

45. Control of finances; and property; ordinances; rules

and regulations of the common counciL

46. Violation of ordinances.
' 47. Licensing occupations.

48. Change of ward boundaries.

49. Official newspapers.

60. Officers not to be interested in contracts or purchases.

61. Rules and regulations for transaction of city

business.

Section 36. Organization and procedure of the common ooun-
oil. — ^The mayor and aldermen of said city shall constitute the
common council thereof. At all meetings of the common council
each alderman present shall have one vote, and the mayor a vote
in case of a tie vote in the common council. At the first meeting
of the common council in each official year, or as soon thereafter
as practicable, the common council shall choose one of the alder-

720 LAWS OF NEW YORK. [Chap.

men to be temporary president, who shall during such official
year, be the presiding officer of the common council in the ab-
sence of the mayor^ and while the mayor is absent from the city
or unable to perform his duties said presiding officer shall be
acting mayor and have all the powers and duties and be subject
to all the obligations and liabilities of the mayor. The acting
mayor shall not lose his vote as an alderman by reason of his
acting as presiding officer of the common council at any time,
but when he shall vote as an alderman, he shall have no casting
vote on a tie. The common council shall hold regular or stated
meetings in the common council rooms at such times as they
shall by resolution designate. The mayor, or in his absence, the
acting mayor, or any three aldermen may call special meetings
by notice in writing served personally upon the other members
of the council, or left at their usual place of abode at least six
hours before the time fixed for such meeting. The common coun-
cil shall determine the rules of its own proceedings. The attend
ance of absent members may be compelled by the common, coun
cil, or by a meeting thereof, at which less than a quorum i>
present, by the entry of a resolution and order in the minutes,
directing the chief of police or any police officer of the city to
arrest such absent member and fetch him before the common
council at a meeting at which such member was absent or the
next, or some subsequent meeting of the common council. A
majority of the common council^ including the mayor as a mem-
ber thereof, shall be a quorum for the transaction of business,
but a smaller number may adjourn from time to time. A
majority of the aldermen present and voting at any meeting of
the common council at which a quorum shall be present shall be
sufficient to pass any resolution or ordinance, except that no
resolution authorizing or involving the expenditure of money or
collection of money by tax or assessment shall pass unless it re-
ceive the assent of a majority of all the aldermen in office except
as otherwise provided in this act. The ayes and noes shall be
called and recorded on all resolutions and appointments. All
meetings of the common council shall be public, except when the
public interests require secrecy; but no vote shall be taken in
secret, executive session.

§ 37. Mayor's approval or veto. — Every resolution or ordi-
nance of the common council, except rules for its own govern-

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 721

luent, shall, before it takes effect, be presented, duly certified
by the clerk, to the mayor. If the mayor approve thereof, he
shall sign it within ten days after receipt thereof by him and
file It BO signed with the city clerk. If the mayor does not
approve it, he shall, within ten days after the receipt thereof
by him, return it to the city clerk with his objections thereto
in writing, and a statement that he does not approve thereof,
and it shall have no force or effect unless the common council
shall thereafter reconsider it and pass it over the mayor's veto
by the ooncurping vote of at least two-thirds of the total num-
ber of aldermen in oflSce, which vote shall be taken by ayes
and noes and entered on the minutes, together with the objec-
tions of the mayor. If any such resolution or ordinance so
presented to the mayor shall not be returned by him to the city
clerk within ten days after the receipt thereof by the mayor,
it shall, at the expiration of such ten days, have the same force
and effect as if it had been approved by him and filed with the
city clerk. If any such resolution contains one or more items
appropriating money, the mayor may sign it with a written
statement appended thereto, that he objects to one or more of
such items, and each item so objected to shall have no force
unless such items be reconsidered separately by the common
council and passed over the mayor's veto in the same manner
as a resolution wholly vetoed. Except rules for the govern-
ment of the common council and appointments to office, no
resolution or ordinance of the common council shall have any
force or effect or be deemed to have been enacted by the com-
mon council unless either it be approved by the mayor or be
not returned by the mayor to the city clerk within ten days
after the receipt thereof by him, or unless it is passed ovet the
mayor's veto in pursuance of the provisions of this section.

§ 88. Time of taking effect of resolutions and ordinances. —
Any resolution or ordinance enacted by the common council
may specify the time when it shall take effect, but no ordinance
shall take effect until after its publication at least once in the
official newspapers of the city, provided such there be, not-
withstanding the specifications therein of a previous time for
its taking effect. If no time be specified in any ordinance so
enacted for its taking effect, it shall take effect immediately,

722 LAWS OF NEW YORK. [Chap.

except if there be oflBcial newspapers of the city at the time,
it shall take effect only after its publication once in such official
newspapers. If no time be specified in any such resolution for
Its taking effect, or if it specify that it take effect immediately,
it shall take effect on its approval by the mayor, if he approves
It; or if he fails to return it to the clerk within ten days after
the receipt thereof by him, it shall take effect on the eleventh
day after the receipt thereof by the mayor; or if he returns it
with his disapproval and it be passed over the veto, it shall
take effect at the time of its passage over his veto.

§ 39. Amount of annual city tax levy. — ^The common council
may raise by tax upon the real and personal property assessable
in the city in each year certain amounts which shall be estimated
and designated each year for the following purposes:

1. The payment of expenses of police department, including
the salary of the city judge and the salary of the oflBcers of said
department, to be designated the "police fund," not however
exceeding in any one year five thousand five hundred dollars.

2. For repairing and keeping in order the streets, highways,
gutters and sewers of the city and cemetery, including expenses
for the erection and maintenance of bridges and culverts and
other expenses relating to the streets and highways, to be
designated " street and sewer fund," but not exceeding eight
thousand dollars.

3. A sum necessary for the payment of the expenses of the
department of charities, including the salary of the commis-
sioner of charities, to be designated the " poor fund."

4. A sum necessary for defraying the general and contingent
expenses of the city at large, including the expenses of elections
and for the payment of all salaries and other sums not provided
for, to be designated the "general fund," but not exceediAg
seven thousand five hundred dollars. .

6. A sum necessary for the support of the public library.

6. A sum necessary for defraying the expenses of the fire
department, to be designated the "fire fund" not exceeding
thirty-five hundred dollars.

7. A sum necessary for the purpose and use of the board of
education, including the payment of principal and interest upon
the bonds heretofore or hereafter issued for school purposes,

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 723

falling due during the fiscal year for which the tax is levied,
to be designated the "school fund,"

8. A sum necessary for lighting the streets and public build-
ings of the city, and expenses of maintaining all necessary
apparatus and fixtures connected therewith, to be designated
the "lighting fund," not exceeding five thousand dollars.

9. A sum necessary for repairing, extending and operating
the water works of said city, in case the rentals and income
from sale of water shall be insufficient, to be designated the
" virater fund."

10. Such an amount as shall be necessary to meet the prin-
cipal and interest on the bonded indebtedness of the said city,
falling due during the fiscal year for which the tax is levied,
to be designated the " bond fund."

11. ^uch further sums as shall have been voted at a regular
city election or a special election called for that purpose, and
also such sums as may be necessary to meet all indebtedness
remaining unpaid on all judgments against the city, and also
such other sums as the common council is authorized to expend
for other purposes specified in this act.

§ 40. Annual report and estimates by boards and officers.—
Between the first and fifteenth days of October in each year,
the board of public works, the board of health, the com-
missioner of charities, the board of education and trustees
of public library shall estimate in detail the expense and
income of their respective departments for the next fiscal
year, and shall certify such estimates to the common
council. The commissioner of charities shall also include in his
report an estimate of the amount which will probably be paid
into the city treasury during the next fiscal year from excise
taxes. Excise money from tax certificates issued to persons
within the city less the portion going to the state shall belong
to the city. All, excise moneys shall be applicable: first, to the
"poor fund," second, to the "street and sewer fund," third, to
the "general fund." The city judge will present an estimate of
the amount of fines, fees and penalties that in his judgment will
probably be received during the next fiscal year. The common
council shall make an estimate of needed expenses of the fire
department and police department and the city clerk shall make
a detailed statement by items of all the expenses of the city as

724 LAWS OP NEW YORK. [Chap.

estimated by the several boards officers and common council
for the next fiscal year. The city clerk in his report shall make j

a statement in detail of all judgments against the city then
remaining, and an itemized statement of the principal and in-
terest of all bonded and other indebtedness of the city that will
fall due during the next fiscal year. The chamberlain shall
present a statement to said common council of all unpaid taxes
and local assessments theretofore assessed and remaining un-
paid. The city chamberlain in his report shall also make a
statement in detail of the amount of unpaid taxes and local
assessments theretofore assessed and remaining unpaid and the
amount which, in his judgment, will probably be received by the
city therefrom during the next fiscal year; all expenditures
made or incurred by the city and chargeable to the property
owners or other persons and remaining unpaid and the amount
which, in his judgment, will probably be received during the
next fiscal year. The common council shall cause a summary
of such estimates and statements to be published in the official
newspapers of the city during the next week preceding its last
regular meeting in the month of October. At that meeting or
at any meeting to which an adjournment may be had, not later
than the fifteenth day of the month of December next following,
it may revise such estimates, and determine the entire amount
necessary to be raised to defray the expenses of the city for the
ensuing fiscal year. Said common council may by a vote of two-
thirds of its members approve or reduce but shall not increase
any of the estimates of the various boards aforesaid, and shall
immediately levy the aggregate amount taxed, ascertained and
determined together with any special tax which shall have been
voted to be raised with the annual tax levy.

§ 41. Financial reports. — Each of ithe officers and boards
specified in the last section, otherwise than as provided in this
act, shall, at the close of the fiscal year, make a written report
to the common council of all expenditures made or incurred by
said officers or said board during such year showing separately
and by items the amount expended from each fund which may
be drawn on by such board, and the balance standing to the
credit of each such fund. All officers and boards receiving any
money, other than that raised by taxation shall, in such report,
make an itemized statement of the same received by them,

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 725

specifying the date of such receipt, the amount thereof, and the
person by whom the same was paid.

§ 42. Subdivision of funds. — ^The commod council shall sub-
divide the funds of the city, as established by this act, and the
city chamberlain shall restate his account of the funds so sub-
divided accordingly.

§ 43. The general legislative powers. — The general legislative
powers of said city for all proper municipal purposes, except
such power as may be vested in city boards or officers, shall
be vested in the common council. The common council shall
furnish the officers of the city with necessary office room, office
furniture, books and stationery; shall keep in proper repair the
public buildings of the city; may authorize any city officer to
inspect any place or places to ascertain whether the same are
in safe condition, and if not, may require the same to be made
so; may require any officer of the city to furnish reports, infor-
mation or estimates whenever deemed proper by the council;
may employ a pound keeper, a sealer of weights and measures,
and such other employees of the city as may be necessary to exe-
cute the work which the common council is authorized and
required to cause to be executed, and may fix their
compensation.

§ 44. Improvements and removal of nuisances at expense of
owner. — ^The common council shall have the power to compel the
owner or occupant of any building or wall which it may deem to
be in a dangerous or unsafe condition by reason of or on account
of fire or otherwise to render the same safe or to take down
and remove the same, and in case of his neglect so to do, to
cause it to be taken down or removed at the expense of the
owner or occupant; to direct the owner or owners of any build-
ing used for public entertainments, public purposes or wholly
or in part for tenement purposes, or office or business places to
provide the same with suitable and sufficient fire-escapes, in the
manner provided by the common council and in case of failure
or neglect of such owner so to do, or to cause such work to be
done at the expense of the owner; to authorize any city officer
or any person designated by the common council to inspect any
place or places to ascertain whether the same are in a safe con-
dition, and if not, to require the same to be made safe, and if

726 LAWS OF NEW YORK- [Chap.

the owners thereof shall neglect or refuse so to do> to cause the
same to be made safe at the expense of the owner.

§ 45. Control of 'finances and property; ordinances, roles and
reg^ations of the common council. — ^The common council shall
exercise all the corporate powers conferred by this act and,
other than as provided by law or this act, shall have the man-
agement and control of the fire and police departments, except
appointments to positions therein, which shall be made as pro-
vided in section ten of this act, and of the finances, and of
all the property, real and personal, belonging to said corpora-
tion. All payments from funds of the city shall be upon the
warrant of the mayor, countersigned by the clerk. Warrants
for payment of fixed salaries, and to cover pay rolls of laborers
audited by the board of public works and approved by the mayor,
may be issued and delivered without previous audit by the com-
mon council, as required in case of other claims. No officer
of the city or board, or department of the city, except the
board of education, shall have power to audit any claim against
the city. The common council shall have power with the ap-
proval of the mayor, as hereinbefore mentioned, to make, estab-
lish, publish* and modify, annul and repeal ordinances, rules,
regulations and by-laws for any of the purposes heretofore
specified in this act and for the following additional purposes:

1. To prevent vice and immorality, to preserve peace and good
order, to prevent and quell riots and disorderly assemblages.

2. To prohibit all exhibitions of any natural or artificial
curiosities, caravans, circuses, theatrical and other shows or
exhibitions or performances, whether free or for money within
the bounds of the city if the common council shall deem it ad-
visable to license the same, upon such terms as the common coun-
cil may direct, and to prohibit theatrical or other shows or ex-
hibitions or performances in any place where liquors are sold
within the bounds of said city.

3. To suppress disorderly houses, houses of ill-fame, gambling,
gaming tables, and all instruments and devices employed in
gaming; to regulate or restrain pool and billard playing by
minors in public places, and the playing of games of chance by
minors; also to restrain minors from being in public places at
night within specified hours, when not attended by an adult
person; to restrain, and punish street beggars, vagrants and

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION/ 727

mendicants; to regulate and restrain all occupants and business
noxious to public comfort,

4. To determine the existence and direct the removal of a
nuisance in any part of the city; and if the same be not removed
within such time as the common council shall direct, to cause
the same to be removed at the expense of the city, and to declare
such expense to be a lien on the lot and to enforce a collection
thereof by leasing or selling the premises in the manner pre-
vided in this act for the collection of taxes or assessments, or by
action against the owners of the lot or any other person who may
have erected, suffered or maintained such nuisance; and in case
of the nonremoval or abatement of any such nuisance the com-
mon council may impose a penalty therefor and enforce the col-
lection thereof, as prescribed by this act.

5. To direct the location of all houses for storing of gunpowder
and other combustibles and explosive substance, and to regulate
the keeping, selling and conveyance thereof, and the use of
candles and lights in barns, stables and outbuildings.

6. To prevent horse racing, immoderate driving in the streets
of said city, to prohibit and punish the flying of kites, and every
other game, practise or amusement, in the public streets or else-
where having a tendency to frighten teams or horses, or to in-
jure or annoy persons passing in and along the highways of the
city, or to endanger property.

7. To regulate coasting or bicycle-riding in the city.

8. To establish and build and regulate public pounds, station
houses and lock-ups within said city.

9. To restrain the running at large of cattle, horses, swine,
sheep, goats and geese, and to authorize the distraining, im-
pounding and the sale of the same, for the penalty incurred and
costs of keeping and proceedings.

10. To prevent or regulate the ringing or tolling of bells,
except those of railroad cars or engines; blowing of horns or
crying of goods and wares, firing of guns, powder or other ex-
plosive compounds, and the making of any improper noise which
may tend to distusb the peace of the city, and the sale of fire-
crackers, rockets, squibs and other explosive compounds.

11. To make regulations for taxing and confining dogs and for
destroying such as may be found running at large contrary to
any ordinance.

728 EAWS OF NEW YORK. [Chap.

12. To direct the keeping and returning bills of mortality.

13. To regulate and keep in repair the public fountains In. said
city, and to regulate the taking and using water for the same;
to regulate and keep in repair the engines, hosecarts, hose and
hook and ladders, belonging to said city, and the public buildings
of said city.

14. To regulate and restrain hawking and peddling in the
streets, and to regulate the time, mode, manner and place of
holding auctions or public sales of merchandise, and all personal
property, and to prohibit such sales on any of the sidewalks
or crosswalks of the city, or the streets of the same; to license
sales at auction in said city, of goods or property belonging
to persons not residents of said city, or which goods shall have
been purchased with intent to sell the same at auction and to
prevent such sales without license, and to require the payment
to the city of such sums for such licenses as shall be provided
for, not exceeding twenty-flve dollars per day for each day upon
which such sales shall be held.

15. To regulate the sale of fresh meats, fruit, poultry, butter,
cheese, eggs, honey, vegetables, fish, and other articles disposed
of from vehicles or wagons, and the fees for marketing
privileges.

16. To license and regulate cabmen, porters, cartmen, hack-
men and drivers of hackney carriages, stages or omnibuses for
the transportation of passengers within the city, to fix their
rates of compensation, and to require them to have licenses.

17. To regulate the speed of running trains of cars in the city
within a half mile each way from any steam railroad depot or
station in said city, and to regulate runners, stage drivers, and
others, in soliciting passengers and others to travel or ride in
any stage, omnibus or go to any hotel, or otherwise.

18. To compel, direct and regulate the planting of shade trees
and ornamental trees along the streets and sidewalks of said
city, and to prevent the injury or destruction of such trees; and
to prevent the injury or defacement of fences, posts and build-
ings of said city.

19. To permit building material to be deposited on the street
in front of any lot, to such extent and for such time as it may
prescribe.

20. To ascertain the boundaries of the city and of all the

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 729

streets, alleys and highways therein, to give names to streets
and nnmbers to lots and tenements, and to change the same
in its discretion.

21. To designate such portion of said city as it may deem
proper within which no building in whole of wood or other com-
bustible material shall be erected.

22. To prescribe or define such powers and duties of officers
of said city as are not specified in this act and are not incon-
sistent therewith.

23. To call special meetings of the inhabitants of said city
wheneyer in its judgment the public interests require the same
and to carry into effect all lawful resolutions, adopted at any
of said meetings or at any regular or special meetings.

24. The common council may, at any time, issue bonds for the
payment of a judgment that may be recovered against the city
after its creation. The issuance of such bonds shall, in all
respects, be subject to the same conditions and limitations as
are the issuance of other city bonds elsewhere provided for in
this act.

25. Whenever the common council shall resolve, by the affirma-
tive vote of two-thirds of its members, that an extraordinary ex-
penditure ought, for the benefit of the city, to be made for any
specific purpose set forth in the resolution, it shall make an esti-
mate of the sum necessary therefor and for all such purposes,
if there be more than one, and publish such resolution and esti-
mate once in each week for three successive weeks in the official
newspapers, together with a notice that at a time and place
therein sx>ecified a special election of the taxpayers of the city
will be held to decide whether the amount of such expenditures
shall be raised by a tax or the common council may direct such
question to be submitted at a general election. All provisions
of law describing the duties of inspectors of election and their
powers with reference to preserving order at elections and false
swearing and fraudulent voting thereat shall, so far as appli*
cable, apply to the special elections held thereunder. Every
elector who shall have been assessed and taxed upon the last
assessment roll of the city before said special election, or whose
wife was so assessed, and no other person shall be entitled to
vote at such election. The election shall be by ballot, and each
ballot shall contain a brief statement of each purpose for which

730 LAWS OF NEW YORK. [Chap.

such expenditure is required and the amount thereof, and be
in the form required by the election law for holding elections
upon questions submitted. The inspectors shall, at the time
and place designated as aforesaid, sit without intermission, from
nine o'clock in the forenoon to four o'clock in the afternoon, to
receiye the ballots cast at such special election, and shall
deposit the same in a special ballot box to be provided by the
city. If the right to vote of any person offering to vote at such
(special election be challenged by any other person eutitlod to
vote thereat, an inspector of the election shall admininter to
him the following oath: "You do swear that you are or your
wife is a taxpayer and is assessed upon the last city assessment
roll of the city of Platteburgh and that you have not voted at
this election." After he shall take such oath and if he or bis
wife shall be assessed upon the assessment roll aforesaid his
vote shall be received. The inspectors shall canvass the votes
immediately after closing the polls and immediately make a cer-
tificate, signed by them or two of them, stating the whole num-
ber of ballots voted at such election, the whole number for each
special tax, and deliver the same forthwith to the city clerk.
The city clerk shall deliver the same to the common council at its
next meeting, and it shall cause the result of the election so
certified to be entered in the minutes. The common council shall
cause the sum or sums of money thus voted to be assessed,
levied and raised with and in addition to other taxes in and
upon the next assessment roll. No more than one such election
shall be held in the city in any one year, except by the unanimous
vote of the common council. After such special tax or taxes
shall have been authorized as herein provided, the common coun-
cil may proceed to authorize the expenditure of the amount
thereof for the purpose or purposes specified in its published
statement, aforesaid and sanctioned by such election. The
common council may borrow, if necessary, the amount so voted
in anticipation of the collection of said tax, and the amount so
raised or borrowed shall be expended only for the purpose or
purposes for which the special tax was voted, and shall be repaid
within one year from the proceeds of the tax.

§ 46. Violation of ordinances. — Any ordinance enacted by the
common council may provide that any person violating such
ordinance shall be guilty of a misdemeanor or of disorderly con-

269.] ONE HUNDRED AND TWENTYFIFTH SESSION. 731

duct or shall be liable to pay to the city a sum therein named as
a penalty not exceeding one hundred dollars, to be recovered in
a civil action. If no provision be made in any ordinances as to
the effect of a violation thereof, every violation thereof shall
be a misdemeanor. If violation of any such ordinance be made
a misdemeanor or disorderly conduct by or in pursuance of this
act and be also made a misdemeanor or disorderly conduct by
any other law, but one conviction shall be had on account of
Buch conduct. If the violation of any ordinance constitutes a
misdemeanor or disorderly conduct, and also render a person
violating such ordinance liable to a penalty in a civil action, the
conviction of either disorderly conduct or misdemeanor on ac-
count of such conduct shall be a bar to the recovery of the pen-
alty in the civil action, and the recovery and payment of a judg-
ment for the penalty in a civil action shall be a bar in the prose-
cution for either the misdemeanor or disorderly conduct on ac-
count of such violation. If the conduct shall constitute a viola-
tion of an ordinance enacted by the common council of the city
in pursuance of this act, and also a violation of an ordinance of
the board of health of the city, enacted in pursuance of law,
such ordinance of the board of health shall so long as it remains
in force and effect supercede and nullify such ordinance of the
common council. The city may maintain an action to restrain
by injunction a violation of any ordinance of the common coun-
cil or board of health, notwithstanding that such ordinance may
provide a penalty for such violation.

§ 47. Licensing occupations. — If an ordinance of the city pro-
hibit the carrying on of any occupation without a license there-
for, the common council may fix the fee for such license or may
prescribe the minimum and maximum limits to the fee which
may be charged therefor in the discretion of the mayor. All
applications for such license shall be made to the mayor. The
mayor may grant or refuse any such license in his discretion.
If the mayor determine to grant such license, he shall issue an
order to the city clerk to issue such license upon the production
of a receipt from the city chamberlain for the amount speci-
fied in such order and receipt, and he shall issue such license
accordingly. The city chamberlain shall credit all fees so re-
ceived by him to the general fund. The clerk shall keep in his
ofQce a record of each license, the person to whom issued and
the fee paid therefor.

732 LAWS OF NEW YORK. [Chap.

§ 48. Change of ward boundaries. — After five years from the
passage of this act, the common council shall \m\e power by
resolution, passed by a majority vote of its members, subject
to the mayors right to veto as hereinbefore provided, to change
the boundaries of the several wards of the city, but not to in-
crease the number of wards. Such resolution shall be pub-
lished in the official newspapers for two successive weeks after
its passage.

§ 49. Official newspaper. — The common council shall, at the
first meeting in each official year, or as soon thereafter as prac-
ticable, fix and determine the legal fee per folio or otherwise,
at which notices, by-laws, rules, ordinances and regulations and
such reports and other matters as the common council may
direct, to be published in the official newspapers of the city, and
thereupon shall designate two newspapers published in said city,
one of which said newspapers shall represent the political party
polling the largest number of votes at the last preceding gen-
eral election, and the other official newspaper so designated
shall represent the political party polling the next largest num-
ber of votes at the last preceding general election, and such
designation of each of such official newspapers shall be made
by the members of the common council representing each of
such political parties respectively. If either party shall be
without a member in the common council, either mayor or alder-
man, the local pavty committee of that party may name its
party newspaper and such paper shall be designated. In the
papers so designated all such matters as aforesaid specified
shall be published at the fees prescribed. The newspapers so
designated shall be the official newspapers of the city for the
ensuing official year for the purposes aforesaid and until the
next annual designation, provided said newspapers shall agree
with said common council to make the aforesaid publications at
the fees prescribed by the common council and if not, any other
newspapers which will agree to such terms may be designated,
if published within the city. The affidavit of the publisher or
proprietor of an official newspaper, or of the bookkeeper or fore-
man in charge of the publication of said newspaper shall be
presumptive evidence of such publication.

§ 60. Officers not to be interested in contracts or purchases.—
It shall not be lawful for the mayor or any member of the

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 733

common conncily or any member of any of the mnnicipal boards
of said city, or any superintendent, or any clerk, agent or em-
ployee of said city, employed by any of the municipal boards
therein (beyond the compensation which said superintendent
or clerk, agent or employee may be justly entitled to for serv-
ices by him actually rendered) to be voluntarily interested,
directly or indirectly, in the purchase or sale of any merchan-
dise, material, substance, supplies or requirements, for any of
the uses or purposes of the city, nor shall any such i>erson receive
therefrom or thereon or in consideration or in consequence
thereof, any commissions, divisions, discounts, gift or moiety.
It shall not be lawful for any of the municipal boards of said
city to audit any account or issue any warrant for the payment
of any claim for services rendered or for work, labor or materials
furnished by any person during the time such person shall have
held the office of mayor, alderman, or member of any of the
municipal boards of said city except as herein specifically per-
mitted. A violation of any of the provisions of this section is
hereby declared to be a misdemeanor.

§ 51. Bnles and regulations for transaction of city business. —
The common council shall have power to make such rules, regu-
lations and adopt such methods for the convenient transaction
of business of the city by the several boards, departments and
officers thereof, not inconsistent with the duties and powers
given such boards, departments and officers by this act and
general laws.

TITLE V,

Department of Public Works; Local Improvements; Streets,
HiGHWATS, Sewers, Pavinq Streets and Construction of
Sidewalks.

Section 62. Organization.

63. City water works.

64. Powers and duties of board of public works.
55. Lighting.

66. Opening, altering or extending streets; assessments

of benefits and payments; appeals.

67. To require privileges to dispose of stagnant or sur-

face water.
58. Power to make street improvements,
69. Work by contract or otherwise.

734 LAWS OF NEW YORK. [Chap.

Section 60. Sewers.

61. Sewers and other lines of connectioiu

62. Sidewalks.

63. Notice of assessment.

64. Real estate to be sold,

65. Lien of assessment.

66. Poles and wires.

67. Guardian ad litem for infant defendants.

68. County court always open.

69. Taxes and assessments under this title.

70. Chapter three hundred and fifty-three of the laws

of nineteen hundred and one.

Section 52. Organization, — The mayor, upon the approval as
hereinbefore provided of the common council, as soon as prac-
ticable after the first election under this act, shall appoint three
commissioners of public works, none of whom shall be members
of the common council, who shall hold office until the first day
of February, nineteen hundred and four. Thereafter the mayor
with the approval as aforesaid of the common council, in the
month of January, nineteen hundred and four,and each alternate
year thereafter shall in the same manner appoint three commis-
sioners of public works for the term of two years to succeed the
commissioners whose terms office expire in that year. The
said commissioners shall constitute the board of public works
of said city. The mayor, with the like approval of the common
council, may at any time appoint to fill a vacancy occurring in
said board for the unexpired term. The mayor shall be the
chairman of the board of public works, but shall have no vote
therein. At any meeting of the board two commissioners shall
constitute a quorum.
§ 53. City water works. — 1. The board of public works shall
. be the successors of the board of water commissioners of the
village of Plattsburgh and shall have such powers and perform
such duties in respect to the water system of said city as are
conferred by this act or the general laws of the state, or are
imposed by the common council and mayor. The board of pub-
lic works of the city of Plattsburgh may when thereto author-
ized by resolution of the common council, subject to the veto
power of the mayor, borrow upon the credit of said city sums of

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 735

money not exceeding in the aggregate fifty thousand dollars, as
shall seem to the said board best for said city, at a rate of inter-
est not exceeding four per centum per annum for the purpose of
enlarging, improving and perfecting the supply of pure and
wholesome water to the inhabitants of said city, or to acquire
additional water or water rights or to construct additional reser-
voirs, and said board of public works of the city of Plattsburgh
is hereby authorized from time to time to make and issue, as
security for the money so borrowed the bonds of the said city
of Plattsburgh, not exceeding in the aggregate the said fifty
thousand dollars. The said bonds shall be payable within
twenty years from the date of the issue thereof and within that
period shall be respectively payable at such times and in such
amounts as the said board of public works shall fix and express
therein. No such indebtedness shall be incurred or bonds
issued, unless a proposition for such improvement submitted
at a special or general election shall be adopted.

2. The board of public works shall have power to see that the
city has an abundant supply of wholesome water for public and
private use; to devise the plans and sources of water supply;
to plan and supervise the distribution of water through the city;
to protect it against contamination; to prescribe rules and reg-
ulations for its use, which, when ratified and approved by the
common council, shall have the same force and effect as if by
the common council enacted. The said board of public works
shall have power, with the assent of the common council, to fix
and establish rates to be charged and paid for the use of water,
and, from time to time, to modify and amend, increase or dimin-
ish such rates, and to determine when and where meters shall
be used. The said board of public works shall have power to
assess for fire protection any building and the lot upon which
it stands, situated within five hundred feet of a hydrant. Be-
tween the first and fifteenth of October of each year the board
of public works shall make out a list or roll in which they shall
set out the amount assessed for fire protection upon any lot,
part of a lot, or building, designating the lot or building
assessed or in default, in the same manner as designated in the
annual assessment roll; and also set out the amount of water
rates remaining due and unpaid on the first day of October in
each year, for use of water in or upon any lot, part of a lot, or

736 LAWS OF NEW YORK. [Chap.

building. Said board shall cause notice to be published in the
official newspapers for at least one week of the time and place
at which hearing shall be given to those who desire to exaoiine
said rolls and to present their grievances. Notice of the pro-
posed assessment for Are protection and that the board will
meet at a specified time and place to hear objections thereto,
must be served upon the owner, agent or occupant, at least five
days before such meeting, by depositing such notice in the post-
office in said city, securely enclosed in a post-paid wrapper, ad-
dressed to each owner, agent or occupant at his reputed j)laee
of residence. The said board shall meet at the time and place
specified in said notice, or notices, and after hearing objections
shall complete said assessments and shall certify the same to
the common council. The common council shall with the
annual city tax levy, levy such assessments and unpaid water
rates upon the property described in said roll and the amounts
appearing thereon shall be extended in a separate column upon
the assessment rolls of the city and shall be levied, collected
and enforced at the same time and in the same manner as is
provided for the collection of other taxes in the city. The rates
for use of water shall, like other city taxes, be a lien and charge
upon the building and lot in or upon which said assessment was
made.

3. The board of water commissioners of the village of Platts-
burgh shall continue to discharge the functions and duties now
by them exercised the same as though this act had not been
passed until their successors, the board of public works, are
appointed and have qualified, and within ten days after the ap-
pointment of their successors, as provided in this act, deliver a
statement of all unpaid water rents and all funds belonging to
said village under the control of said board to the city chamber-
lain. The chamberlain shall open and keep a separate account
to be known as the "water fund," under which shall be charged
and credited all receipts and disbursements on account of the
water works of said city. The salary of the superintendent of
public works shall be charged to this fund. All moneys
received on account of the water works of said city shall be used,
80 far as may be necessary, to improve, extend and maintain the
system of water works and the payment of bonds issued on ac-
count thereof, and shall not be diverted to any other purpose.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 737

The board of water commissioners of the village of Plattsburgh
shall be deemed abolished on the appointment and qualification
of the commissioners of public works, and upon demand shall
deliver up to such commissioners of public works, or to the su-
perintendent of public works all maps, records, papers and prop-
erty in their hands or under their control as water commission-
ers. The bonds heretofore issued by the water commissioners
shall be deemed the bonds of the city of Plattsburgh, and the
city is hereby declared liable for the payment of the same ao-
cording to their terms. The commissioners of public works
are hereby authorized, with the approval of the common council
declared by resolution to renew from time to time any or all of
such bonds if, in their judgment, the best interest of said city
so requires. They may issue new bonds bearing no higher rate
of interest payable at any bank in the state and sell the same
with the approval as aforesaid of the common council, to the
highest bidder and apply the proceeds to the discharge of any of
the said bonds maturing. Such bonds may be on such time as
the common council may direct and all bonds so issued or issued
as renewal shall be signed by the mayor and countersigned by
the clerk and shall have the city seal attached. All sales or re-
newals shall be made by the chamberlain and all moneys shall
go through his hands.

§ 64. Powers and duties of the board. — ^The board of public
works shall be commifisioners of highways in and for the city
and shall have all the power and perform all the duties of
commissioner of highways in towns, other than as provided in
this act. The said board is vested with the charge, manage-
ment, control and maintenance of all bridges, streets, highways,
sidewalks, public places and public squares within the city, of
the sewers and of all the buildings and structures appurtenant
thereto, and of the city's system of water works and all
machinery, tools, appliances and materials used in connection
therewith. The board of public works shall have power

1. To appoint a superintendent of public works.

2. To employ an engineer, servants and laborers, and fix the
compensation of all persons so employed by them.

3. To make rules and regulations for its own government and
for the government of the superintendent of public works, en-
gineer and other servants and prescribe their duties*

788 LAWS OF NEW YORK. [Chap.

4. To make all contracts relating to construction, paying and
repair of the streets and sidewalks, public places and public
squares, parks and sewers, and the cleaning of the streets,
sprinkling and the removal of dirt therefrom, the grading, pav-
ing and repaving, macadamizing and remacadamizing of all
streets, public places and public squares, and laying and extend-
ing of sewers and the provision of all materials, machinery^ im-
plements and utensils necessary therefor.

5. To lay out, make, open, grade, level, regulate, pave, mac-
adamize, plank, gravel, clean, repair and improve liighways,
streets, lanes, alleys, public grounds, parks, sidewalks, sewers,
gutters, drains, aqueducts, reservoirs and crosswalks and to
alter, widen, straighten and discontinue the same and to estab-
lish grades and levels therefor, and alter the same through any
lands, buildings or enclosures in said city.

6. To cause to be made all necessary surveys, maps and pro-
files relating to any work within its jurisdiction.

7. To have charge of Riverside cemetery, to issue i)ermits for
burial and sell lots, under such regulations and restrictions as
may be provided by the common council. To expend such sums
in its care and improvement as may be received by the city
chamberlain from the sale of lots or by gift.

§ 65. Lighting. — All the powers and duties conferred by law
upon boards of light commissioners in villages as provided by
chapter four hundred and fourteen of the laws of eighteen
hundred and ninety-seven known as the village law, and all
acts amendatory thereof and supplementary thereto are con-
ferred upon said board of public works created by this act, and
said board shall possess all the powers and privileges and be
subject to all the regulations and restrictions therein provided
for light commissioners of villages, except that their report
shall be made to the common council and also except as other-
wise provided in this act.

§ 56. Opening, altering or extending streets; anessments of
benefits and payments. — 1. Whenever the board of public works
shall intend to lay out, alter, widen, extend, contract or dis-
continue any street, lane, alley, highway or public grounds in
said city, and the lands of any person or corporation, or any
right or easement therein shall be necessary for such purpose;
and whenever the board of public works shall intend to acquire

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 739

lands, rights or easements therein for any other purpose men-
tioned in this act, it shall cause the same to be surveyed and
monuments placed showing the line thereof, and a map to be
made of the same, which shall be filed in the city clerk's office,
showing upon such map the lots, tracts or parcels of land and
rights or easements therein that are deemed necessary to be
taken, and the commencement, course, and termination of the
streets, lane, alley, highway or park proposed to be laid out,
widened, extended or altered or other work or improvement
proposed to be made in or through the land so to be taken.
And for that purpose the board of public works and those
acting under its direction shall have power to enter upon any
grounds in said city. The board of public works, subject to
the approval of the common council, shall then declare by reso-
lution its intention to take and appropriate the said property
for the proposed improvement, and thereafter it may purchase
of the owner or owners thereof the land or right therein deemed
necessary, and make him or them such compensation as it shall
judge reasonable upon receiving from such owner or owners
a conveyance thereof to the city. In case the board of publio
works is unable to agree with the owner or owners for the pur-
chase of any real estate or land or right or easement therein
required for the purpose aforesaid, it may acquire the same
by condemnation proceedings under the provisions of the con-
demnation law of this state, chapter twenty-three of the code
of civil procedure, and amendments thereto.

2. After such damages shall have been ascertained and deter-
mined, said common council shall declare a district of assess-
ment therefor, and shall then direct the commissioners making
the award to assess the amount awarded for damages, with the
commissioners' fees, specifying the aggregate amount of the
same, upon the property within such district of assessment.
The commissioners shall proceed to assess such amount upon
the property benefited by such improvement in a just and equit-
able manner, and as near as may be, in proportion to the bene-
fits received; such assessment shall be made in the same man-
ner as other local assessments, except that such commissioners
shall direct such part of said expenses to be assessed upon the
city and such part locally as they shall deem just; the powers
and duties of the commissioners shall be the same as those of

740 LAWS OF NEW YORK. [Chap.

assessors. When the assessment shall be filed, the assessment
may be appealed from and the common council shall possess
the powers in reference thereto conferred by this act.

3. Within ten days after the assessment roll, is completed,
signed and* filed, any party thinking himself aggrieved, may file
with the city chamberlain a written appeal therefrom, brietly
stating the grounds of such appeal. The board of public works
shall thereupon proceed to hear and determine such appeal or
appeals upon view of the property assessed, or upon evidence,
or upon both, and affirm or reverse the assessment, and for sut^h
purpose may by subpoena compel the attendance of witnesses
and production of papers. In case of affirmance the proceed-
ings thereafter to collect the said assessment shall remain the
same as if no appeal had been taken; in case of reversal the
board of public works shall appoint three disinterested free-
holders of the city who shall proceed in like manner and for such
purpose be invested with the same power as the board of public
works to make a new assessment; they shall make their tax
roll in the same manner and sign the same and file it with the
city chamberlain and it shall be conclusive upon all parties;
such freeholders shall receive three dollars per day for their
services to be paid by the city unless the assessment of the appel-
lants, as determined by said freeholders, shall be more favor-
able to them than the assessment appealed from, in which case
the fees of the freeholders shall be paid by the appellants and
added to the amount of their tax respectively by said freehold-
ers, in proportion to the amount thereof.

4. If no appeal is taken from the first assessment roll filed
with the city chamberlain or if no appeal be taken therefrom
and such assessment be affirmed, the city chamberlain shall give
notice by publication thereof in the official newspapers that he
will receive said assessments for thirty days from the date of
the first notice and the city chamberlain shall receive such
assessments within said time without fees. If an appeal be
taken from said first assessment and the same be reversed, the
common council shall cause a second assessment roll filed by
such freeholders to be delivered to the city chamberlain and
thereupon ^the city chamberlain shall give notice by publication
thereof in the official papers that he will receive said assess-
ment, assessments or taxes for thirty days from the date of the

269.] ONE HUNDRED AND TWENTYFIFTH SESSION. 741

first notice and said city chamberlain shall receive said assess-
ments without fees within said time.

5. Immediately after the final determination of all proceed-
ings in which any award shall have been made, the common
council shall cause to be paid or tendered to the respective
owners the amount awarded to each, respectively, less any sum
which shall have been assessed against them for any benefits on
account of such improvements. In case any such owner shall
refuse the same, or be unknown, or non-resident of the city, or
for any reason be incapacitated for receiving the amount, or
the right thereto be disputed or doubtful, the common council
may make payment of the portion to the county treasurer of
the county of Clinton and file a statement of facts and circum*
stances in each case, and a transcript of the report of the com-
missioners relating to the ascertainment of the amount so paid
in, with the clerk of Clinton county, and said clerk shall make a
report to the supreme court, at its first term held in the county,
of the amount thus deposited, accompanied with the statement
and transcript aforesaid; and the supreme court shall have au-
thority and it shall be its duty, at such term of court, to order
the investment of such money or the payment thereof on the
ascef tainment of the person entitled thereto. Upon such state-
ment or tender or payment to the clerl^ being fully made, the
fee of the land shall be vested in the city. •

§ 57. To acquire privileges to dispose of stagnant or surface
water. — The board of public works shall, on an order from the
board of health, approved by the common council, have power
to enter upon any lands or grounds in the city and appropriate
such property for the purpose of conveying oflP any stagnant or
surface water within or throughout the city, and thereafter the
board of public works may purchase from the owner or owners
thereof the land or right or easement, whenever deemed neces-
sary and make him or them such compensation as it shall deem
reasonable and just upon receiving from such owner or owners
a conveyance thereof to the city. In case the said board are
unable to agree with the owner or owners for the purchase of
any real estate or land or right or easement required therein for
the purpose aforesaid, it shall acquire the same by condemna-
tion proceedings under the provisions of the condemnation law

742 LAWS OP NEW YORK. [Chap.

of the state, proceeding in the same manner as obtaining lands
for street purposes elsewhere specified in this title.

§ 58. Power to make street improvements. — ^The board of
public works shall have power within said city to cause the con-
struction or repair of any bridge or bridges, arch or arches over
any stream, or run of water in said city, and to cause any street,
highway, lane, alley or other public place or any part thereof to
be graded, regraded, leveled, graveled, macadamized or remac-
adamized; to cause any street, highway, lane or alley or other
public place or any part thereof within said city to be paved or
repaved or to cover the same with wood or stone or other ma-
terial; also to cause the improving of the channels of, enclosing,
covering, discontinuing and altering the. course of all creeks,
streams and ponds in said city; also to cause such crosswalks,
sewers and storm water sewers to be made therein and the same
to be repaired as it shall deem necessary, and the expense of
such improvement shall be a tax or charge upon the entire city. y

The expense of constructing and maintaining sidewalks and the
care of the same, shall be paid as provided for in section sixty-
two of this act. The plans, specifications and descriptions of
the work proposed and adopted by said board of public works
shall be filed in the office of the city clerk and a notice shall
then be published in the official newspapers of the city of Platts-
burgh, inviting sealed proposals to do the work pursuant to the
plans, specifications and descriptions so adopted, which notice
shall be published at least two weeks in such official news-
papers. No proposal shall be considered which shall not be
accompanied by a bond with sureties and in penalty, both to be
approved by the board of public works, conditioned that if the
proposals be accepted, the person proposing will enter into the
contract upon the terms proposed and will give a further bond
with sureties and in an amount to be approved by the board of
public works, conditioned that the person proposing will con-
struct the work at the price and upon the terms proposed, ac-
cording to the plans and specifications filed with the city clerk,
and subject to the supervision and approval of such person as
the board of public works shall designate for that purpose; and
that the person making the proposal will erect and maintain
suitable guards and lights to prevent injuries to such work and
to prevent injury to persons or property by and in consequence

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 743

of the imprudent use of such street, lane, alley, side or cross
walk during the progress of such work, and will save the city
harmless and indemnify it against all loss, damage or other
expense that may arise by or through any neglect of such person
or those in his employ, to erect or maintain such guards, lights
or either of them. Said proposals shall be received and opened
at the next meeting of said board of public works after the com-
pletion of the publication of said notice. And if from any cause
said proposals are not opened they shall be returned to the bid-
ders and it shall be lawful for the board of public works to
receive, open and act thereon at any meeting thereafter and if
opened and no action is taken on the same at the time desig-
nated, action may be taken at any meeting thereafter. The con-
tract shall be made with the lowest bidder unless the board of
public works shall deem it for the best interest of the city to
reject all bids made; in which case, if the expense thereof upon
any one street shall exceed two hundred and fifty dollars the
said board shall readvertise in like manner until a satisfactory
bid shall be received. But if the expense thereof shall be two
hundred and fifty dollars or less, and no satisfactory bid shall
be received pursuant to said advertisement or otherwise the
board of public works may cause such work to be done by the
superintendent of public works, under its supervision, but at an
expense not to exceed the usual or ordinary cocrt of labor and
material.

§ 59. Work by oontraot or otherwise. — ^All work within the
purview of this title may, in the discretion of the board of public
works upon the approval of a two-thirds vote of all the members
elQcted to the common council, be done by the superintendent
of public works under the supervision of the board of public
works, but at an expense not to exceed the usual or ordinary
cost of labor and material.

§ 60. Sewers. — The board of public works may order sewers
for the drainage of streets, cellars, buildings, lots, pools, vaults
or for any other proper sewerage purpose to bo constructed in
any street, and with the consent of the owners, in, upon or
across the real property outside of streets, and may fix the
charge to abutting owners for connecting therewith. If the
board of public works shall declare its intention to construct
any sewer in, upon or across any real property outside of the

744 LAWS OP NEW YORK. [Chai-.

Streets of the city and the owners of such real property shall
not consent thereto, and the city is unable to agree with the
owners of such real property upon the compensation to be made
therefor, the board of public works, in the name and behalf of
the city, may acquire the title, right or easement in or to such
real property for such sewer by condemnation, in pursuance of
the condemnation law, chapter twenty-three of the code of civil
procedure.

§ 61. Sewer and other lines of connection. — The board of pub-
lic works is hereby authorized and empowered at any time upon
any street where improvement is contemplated, to compel the
residents of any such streets and the property owners whose
lots front or abut thereon, to lay house connecting drains, gas
and water pipes in the manner they shall provide, from the
line of their curbing in front of their property on any street
to the sewer, gas or water mains or pipes or either, connecting
them therewith, and the board of public works may pass regu-
lations therefor. The superintendent of public works shall
have the supervision and direction of laying all sewer pipes
and conduits from private dwellings or other places and shall
have the supervision and direction of laying any connecting or
lateral pipes and keeping the same in repair and the expense
of laying such connecting lateral pipe or conduit shall be paid
by the owner or occupant of the property. Such connecting or
lateral pipe or conduit shall not be laid and connected until a
permit therefor shall be obtained from the board of publio
works and all such connecting or lateral pipes or conduits and
the fixtures thereto shall be constructed under and according
to the direction of the superintendent. Whenever the residents
or owners of said property fail to comply with the regulations
of the board of public works, passed pursuant to the authority
hereby conferred, the same may be done at the expense of such
owners. Upon the completion of the work, the superintendent
of public works shall send to the owner of said premises, if
his address be known, an itemized statement of such expense,
and if such expense is not paid to the city chamberlain within
thirty days, the amount thereof with interest at twelve per
centum from the time of sending such itemized statement shall
be added to the amount assessed against such land for the next

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 745

general city tax and the whole amount of ouch assessment shall
be collected in the same manner as general city taxes.

g 62. Sidewalks. — In case the work shall be the construction
or improving of a sidewalk, each lot or parcel of land fronting
thereon shall be assessed with the one-half expense of its con-
struction in front thereof in proportion of its frontage to the
whole frontage. It shall, in all cases, be the duty of the owner of
any lot or piece of land within said city to remove or clean
away snow, ice or other obstruction from such sidewalk. The
said superintendent shall also have power to clean snow, ice
or other obstruction from any sidewalk where the same shall
have remained for twenty-four hours, and the expense of mak-
ing such repairs or cleaning any sidewalk shall be a charge
upon the property adjacent thereto, and no ordinance for the
same shall be passed or notice posted or published. Thereupon
the said superintendent shall send to the owner of said prop-
erty, if his address be known, an itemized statement for such
repairs or cleaning, and if such expense is not paid to the city
chamberlain within thirty days, the amount thereof with in-
terest at twelve per centum per annum from the time of send-
ing such itemized statement, shall be added to the amount
assessed against such land for the next general city tax and
the whole amount of such assessment shall be collected in the
same manner as general city taxes. Upon the completion of
any sidewalk, the city chamberlain shall send to the owner of
each parcel of land fronting thereon, an itemized statement
covering the cost of such improvement. The amount thereof
may be paid to the city chamberlain at any time within thirty
days, without any charge or fee. If the amount of such expense
is not paid to the city chamberlain within thirty days, the amount
thereof with interest at twelve per centum per annum from the
time of sending such itemized statement, shall be added to the
amount assessed against said land and included in the next
general city tax, and the whole amount of such assessment
shall be collected in the same manner as general city taxes.

§ 63. Notice of assessments. — Upon receiving any assessment
roll with the warrant or authority to collect assessments other
than those provided for in section one hundred and fifty-two
the city chamberlain shall give notice in the official papers of the
city of the receipt by him of such assessment roll and warrant.

746 LAWS OF NEW YORK. [Chap.

and that all persons named therein are required to pay their
assessments at his office on or before the expiration of thirty
days from the date of said first publication. During said thirty
days every person, company, corporation or association may pay
his, her or their taxes and assessments to said chamberlain
without fees. After the expiration of said thirty days fees
shall be charged and collected as provided in section one hun-
dred and fifty-three of this act.

§ 64. Eeal estate to be sold. — In case any of said taxes or
assessments remain unpaid after the foregoing proceedings
shall have been taken, the amount thereof with interest at the
rate of one per centum per month from the time of the ex-
piration of said thirty days shall be added to the amount as-
sessed against such land and included in the next general city
tax, and the whole amount of such assessment and interest
shall be collected in the same manner as general city taxes and
all proceedings and provisions for the enforcement of such
general city taxes shall'be applicable thereto.

§ 65. lien of assessment. — Every tax or assessment imposed
for local improvement, or other object in pursuance of this title,
shall be and remain a lien upon the land upon which it is as-
sessed, from the filing of such assessment roll in the office of
the city chamberlain, until the same has been paid. No error
or mistake in the name of any owner or occupant of any lot or
parcel of land assessed for a local improvement, or the fact that
the person named as owner or occupant is not the owner or
occupant of such lot or parcel, or that a clerical or immaterial
error has been made, shall invalidate such assessment roll or
the assessments therein, or any bonds issued in pursuance
thereof. In case any tax or assessment shall be void or shall
have failed for want of jurisdiction, or for any irregularity in
the levying or assessing thereof under this title, the common
council shall have power and it shall be its duty to cause the
same to be reassessed in a proper manner; if any person shall
have paid on a former assessment the same shall be credited;
or in case the payment exceed the amount reassessed, the sur-
plus shall be refunded. In case the amount assessed for any
local improvement shall not be sufficient to defray the expenses
of such improvement the common council shall cause the amount
of the deficiency to be assessed as hereinbefore provided.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 747

§ 66. Poles and wires.— The board of public works shall have
power to regulate the erection of telegraph, telephone or elec-
tric light poles or the stretching of wires in, over or npon the
streets or public grounds of said city.

§ 67. Guardian ad litem for infant defendants. — ^Whenever an
infant or other incompetent person shall be interested in real
estate affected by any improvement provided for by this title
the county court of Clinton county or the supreme court, shall
have power to appoint a guardian in the nature of a guardian
ad litem to protect the interests of said infant or other incom-
petent person. Such guardian shall be entitled to receive for
his services such compensation as the court making the ap-
pointment shall dirtct.

§ 68. County court always open. — ^The county court of Clinton
county shall always be open for the transaction of any business
or making of any motion or application contemplated by this
title. Errors or irregularities in the proceedings contemplated
by this title, if shown to injuriously affect a party or parties
thereto, may be corrected on review thereof, on the application
of the party injured, or his damages occasioned thereby recov-
ered in an action against the city, subject to the regulations of
this act.

§ 69. Taxes and assessments under this title; lien of. — Every
tax and assessment imposed under any of the provisions of this
title shall be a lien upon all real estate against which the same
shall be assessed, for ten years from the filing of such assess-
ment roll, superior to any mortgage, judgment, or other lien of
any nature, except general city and school taxes affecting the
same and shall have priority thereto, or to any conveyance
thereon, and notice to the occupant or tenant shall be held to be
deemed a notice to the owner or owners of said real estate.

§ 70. Nothing in this act contained shall be held to alter or
repeal any of the provisions of chapter three hundred and fifty-
three of the laws of nineteen hundred and one. Nor shall the
duties here imposed upon the commissioners of public works or
the powers conferred be interpreted to conflict or interfere with
the duties and powers of the commission created by said act.
And the bonds issued as by said act authorized, in the name of
the village of Plattsburgh, shall be deemed the bonds of the
city of Plattsburgh and shall be paid by said city.

748 liAWS OP NEW YORK. [Chap.

TITIiE VI.
FiRD DBPARTMKNTi

Section 71. Control of department.

72. Appointment of officers and members of depart-

ment.

73. Duties of chief and assistant engineers.

74. Present firemen to constitute the department,

75. Annual estimate.

76. Audit of bills and report of fires and fire losses.

77. Rules for the department.

78. Charge of property.

79. Appropriation of unexpended monej.

Section 71. Control of department. — The powers and duties
connected with and incident to the control, government and dis-
cipline of the fire department of the city of Plattsburgh except
as herein otherwise provided, shall be vested in the common
council.

§ 72. Appointment of oficers and members of department —
The chief engineer, first and second assistant engineers, and the
paid members of the fire department shall be appointed by the
mayor, subject as hereinbefore provided to the approval of the
common council. The mayor and common council shall estab-
lish and adjust all salaries or fees of the fire department, offi-
cers and men. Any officer of the fire department, or any mem-
ber thereof, may be removed for cause by the mayor upon a
hearing before him.

§ 73. Duties of chief and assistant engineers. — ^The chief engi-
neer of the fire department shall, under the direction of the com-
mon council, have the general superintendence and custody of
the fire engines and other fire apparatus and conveniences for
the prevention and extinguishment of fires. It shall be his duty
to see that the same are kept in proper order, and to make re-
port in writing to the common council of the state of the depart-
ment on the first day of January in each year, and at such other
times as said common council may require. It shall be his fur-
ther duty to be present at fires and to take command of the fire-
men present and exercise a general supervision and control of
the operations and proceedings of the firemen present and to

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 749

give direction concerning the same. He shall also have power
and discretion to suspend from duty any member of said fire
department and report the same to the mayor for his action.
Atiy member of said fire department so suspended shall have
an opportunity to be heard in his defense before said mayor.
It shall be the duty of the assistant engineers to be present and
aid the chief engineer at all fires; and in case of his absence the
powers and duties of tbe chief engineer shall be exercised and
discharged by the senior assistant engineer.

§ 74. Present firemen to oonstitiite the department. — ^The ser*
eral firemen and fire companies at present composing the fire
department of the village of Plattsburgh, shall after this act
takes effect, continue as at present, subject to any changes
which the common council or mayor may make, but each officer
or member thereof, shall thereafter belong to and be a portion
of the fire department of the city of Plattsburgh, until removed
by the common council or mayor on reorganization of the com-
panies, and be under the control and government of said com-
mon council, and be subject to suspension or removal by said
mayor for cause or by the common council reorganizing such
fire department or such companies.

§ 75. Annual estimate. — The common council shall on or before
the first day of October in each year, prepare an estimate, which
shall contain and include in detail all such sums of money as in
their judgment will be actually required for the salaries and
wages of all paid members of said department, the wages of
employees, the purchase of hose, horses and apparatus, furni-
ture, fuel, light, stationery, printing, advertising, necessary sup-
plies, rent and repairs and other incidental expenses of the fire
dej)artment, including the fire alarm, telegraph, and submit the
same as provided in this act.

§ 76. Audit of bills and report of fires and fire losses. — All
bills for expenditures and services connected with the said fire
department must be first authorized by the common council and
after audit by them shall be paid by drafts on the chamberlain,
signed by the mayor and countersigned by the clerk. The chief
engineer shall, on or before the tenth day of January in each
year, present to the mayor of said city a report showing a com-
plete inventory of all property under his charge, which report
shall also exhibit a particular statement of all fire alarms and

750 LAWS OP NEW YORK. [Chap.

fires which have occurred in said city during the preceding year^
together with the cause of all fires, as far as the same have been
ascertained. It shall also exhibit a particular statement of
losses caused by such fires and all insurance thereon. It shall
also show the names of all officers and members of said fire
department and of the companies therein, and the name of all
persons in the employ of said department and the compensation
paid them, and a statement of all expenses paid or incurred in
the fire department during the year within his knowledge, and
such other information relating to the fire department as to said
engineer shall seem important.

g 77. Eules for the department. — ^The common council shall
make such rules and regulations as it may deem best for the
government of the fire department, provided such rules and
regulations do not conflict with the laws of the state or of the
United States. Any breach of such rules may be regarded as
cause for removal.

§ 78. Charge and sale of property. — ^The said chief engineer
shall have charge of all the property now in use or hereafter
to be acquired by the city of Plattsburgh for the purpose of
extinguishing fires, including all the rooms for storing same.

§ 79. Appropriation of unexpended moneys. — ^All moneys in
the hands of the village of Plattsburgh which have been raised
or provided for the fire department purposes and unexpended
by them when this act shall take effect, are hereby appropriated
for the purposes provided for by this article.

TITUB vn.

Thb Police} Department*

Section 80. Appointment of officers.

81. Qualifications of police.

82. Duration of office.

83. Vacancies in police force.

84. Duties of chief of police.
86. Charges, trials thereon.

86. Exemption from military and jury dutgr*

87. Officer not to be delegate.

88. Unlawful conduct at primaries.

89. Powers and duties of police.

90. Service of criminal process.

269.] ONE HUNDRED AND TWENTY-FIPTH SESSION. 751

Section 91. Expenses in execution of process.

92. Presents or awards.

93. Payments of salaries and expenses.

94. Appropriation of moneys.

95. By-laws of police force.

96. Station houses.

97. Commitment to police station; amount of criminal

expenses chargeable to county.

Section 80. Appointment of oficers. — ^The permanent police
force of the village of Plattsburgh shall, as to its component
parts, remain as now constituted until the same shall be reor-
ganized by the common council pursuant to the authority vested
in it by this act. A chief of police and patrolman shall be ap-
pointed by the mayor, subject to the approval of the common
council. The mayor may appoint special policemen as he may
deem necessary. Such appointments shall not continue for a
longer term than one month.

§ 81. Qualifications of police. — ^No person shall be appointed
a chief of police, patrolman, special policeman or constable who
is not a citizen of the United States, or who has ever been con-
victed of crime, or who cannot read and write the English lan-
guage. No person, other than members of the present police
force, shall be appointed who at the time of such appointment
is over the age of forty years.

§ 82. Duration of office. — ^All the members of the police force,
other than special policemen subject to the power of removal
hereinafter specified, shall hold their respective offices during
good behavior or until by age or disease they become perma-
nently incapacitated to discharge their duties.

§ 83. Vacancies in police force. — ^The mayor may, subject to
the approval in the manner stated, of the common council,
within ten days after a vacancy occurs; in the police force, for
any cause, appoint a successor to the person whose office has
become vacant.

§ 84. Duties of ohief of police. — It shall be the duty of
chief of police under the direction of the mayor to superin-
tend the police department of said city, of which depart-
ment he shall be the chief executive officer and shall have full
control of the patrolman subject to the direction of the said

752 LAWS OP NEW YORK. [Chap.

mayor. He shall keep a book of records to be denominated
" police records " in which he shall make daily entries of all
the proceedings of his department and of all the services ren-
dered by him and the several members of the police force. He
shall on the first day of each month report to the mayor the
state of his department, the services performed by the members
of the police force, respectively; the amounts respectively dne
each of them for their services in the preceding month, and
whether any of them have been disorderly in their behavior or
delinquent in their duties.

§ 85. Charges; trials thereon.— If a charge be made by any
person against any member of the police force, that he is in-
competent or has been guilty of neglect of duty, misconduct
in office, or conduct unbecoming a police officer, the charge
must be put in writing in the form required by the rules of the
police department, if any rules shall have been prescribed, and
a copy thereof must be served on the accused officer and filed
with the mayor, and it shall be the duty of the mayor to hear,
try and determine the charge according to the rules of the
police department, if any rules have been prescribed. The ac-
cused officer shall have the right to be present at his trial and
to be heard in person and by counsel and to give and furnish
evidence in his defense. The clerk of the city shall issue
subpoenas under his hand for witnesses to sustain or refute
the charge, and any such witness duly served with a subpoena
shall be bound to attend in obedience to the command thereof,
and the said mayor shall have the same authority to enforce
obedience to the subpoenas and to punish for disobedience
thereof as is possessed by justices of the peace in like cases.
If the said mayor shall find the accused officer guilty of the
charge made against him it may order his supension from his
pay as a policeman for some definite time, or impose on him
a fine not exceeding fifty dollars, or reduce his grade, or, order
his dismissal from the police force, or it may subject him to
any other discipline prescribed in the rules of the police depart-
ment which is not consistent with the provisions of this act or
with the laws of the state or the United States.

§ 86. Exemption from military and jury duty. — ^No member
of the police department is liable to military or jury duty or to
arrest on civil process, or to service of subpoena from civil courts.

:i69.] ONE HUNDRED AND. TWENTY-FIFTH SESSION. 753

while actually on duty, nor shall he hold any other office or be
employed in any other department of the city government.

§ 87. Officer not to be delegate. — ^No officer of the police force
shall be a member of or delegate to any political convention,
nor shall he be present ^t any such convention, except in the
performance of any duty relating to his position as such officer,
and any violation of these provisions shall work a forfeiture of
his office or position and it shall be the duty of the mayor to
dismiss him from his office or position.

§ 88. Unlawful conduct at primaries. — It is unlawful for any
police officer to solicit any person to vote at any political caucus,
primary or election for any candidates, or to challenge any
voter, or in any manner to attempt to influence any voter at any
political caucus, primary, or and* any election or to be a member
of any political committee; and any person violating the pro-
visions of this section shall forfeit his position under the city
government.

§ 89. Powers and duties of police. — ^The members of the police
force shall be peace officers and respecting all offences commit-
ted within the limits of the city, either against the laws of the
state or the ordinances of the city they shall possess the same
powers as to arrest and conflDement of the offender as are pos-
sessed by constables of towns or the sheriff of the county. The
officers in charge of the county jail situated within the limits of
the city shall before and after conviction have the custody of
offenders when conflDement is necessary or proper, and upon
conviction if any offender is directed to be confined in any peni-
tentiary or reformatory, such convicted person shall be. conveyed
thereto by the sheriff of the ooanty, subject to the provisions of
the general laws relating thereto. Such fees shall be charged
by the sheriff for the custody of offenders as are allowable in
like cases where like offenses are committed in town^.

§ 90. Service of criminal process. — ^AU criminal process for
any offense committed within said city, issued out of any court
within said city; and all process, subpoenas, bench warrant or
otherwise, issued by the district attorney of the county of Clin-
ton relating to any offense committed within said city, may be
served by a member of said police force.

*So in tlM orlglnaL
48

754 LAWS OP NEW YORK. [Chap.

§ 91. Expenses in execution of process. — The necessary ex-
penses incurred in the execution of criminal process within said
city shall be a charge against the city. No fees or compensa-
tion whatever, other than as herein provided, shall be charged
or received by any constable, member or oflBcer of the said police
force, for the arrest, confinement or discharge of any person or
for mileage or travel, or for serving any warrant, subpoena or
process, or for discharging any other duty required by this act;
nor shall any such fee or compensation be charged or received by
any officer or citizen for the arrest of any person charged with
crime, or for the service of any warrant, subpoena or other pro-
cess in any criminal case, other than as herein provided.

§ 92. Presents or awards. — ^No member of the police force op
special policeman shall receive any present or reward for any
service rendered, or to be rendered unless with the consent of the
mayor, such consent to be given in writing and filed with the
clerk, and any one of their number who shall receive any fee or
reward in violation of this section, shall thereby forfeit his
office.

S 93. Payment of salary and expenses. — ^The salaries of the
members of the police force shall be paid monthly, as it shall be-
. come due and the contingent expenses of the police department
and for rent, telephones, expenses for office furniture, fuel, light,
stationery, printing, advertising, policemen's uniforms, badges
and batons and other necessary expenses shall be certified by the
mayor, and when audited by the common council, shall be paid
by the chamberlain of said city upon the warrant of the mayor
countersigned by the clerk.

§ 94. Appropriation of moneys. — All moneys in the hands of
the treasurer of the village of Plattsburgh, which have been
raised or provided for police purposes and unexpended when
this act takes effect, are hereby appropriated for the purposes
provided by this section.

§ 95. Bylaws for police force. — ^The common council shall
make such by-laws, not inconsistent with the laws of the state
as may be necessary for the government of the police force
hereby established for regulating the powers and duties of the
offices and members thereof, for uniforming them, and for the
maintenance of law and good order in said city, but no by-law
concerning the enforcement of any ordinances of said city shall

269.] ONE HUNDRED AND TWENTY FIFTH SESSION. 755

take effect until after it has been approved by the mayor of said

city.

§ 96. Station houses. — The common council shall provide and
keep in order a temporary lockup for the temporary detention
of persons arrested by the members of said police force.

§ 97. Commitment to county jail; amonnt of criminal ex-
penses chargeable to coimty. — The city judge of the city may
commit to the county jail of said county any person charged
with crime and pending an examination for trial therefor, and
the sheriff of Clinton county is authorized and required to re-
ceive any such person so committed and retain him in custody
in accordance with such committal.

TITLE vXjlL

Department op Public Instruction.

Section 98. City permanent school district. — All the territory
included within the boundaries of the city of Plattsburgh shall
hereafter constitute a separate school district within this state
and shall be designated as "the school district of the city of
Plattsburgh." It may bear such other additional designation as
the superintendent of public instruction of this state may by law
prescribe. Such district shall be entitled to all the rights,
powers, privileges, public moneys and other benefits conferred
by law or other state authority upon school districts and shall
be subject to all the rules, regulations, powers of inspection and
superintendence prescribed by law applicable to union free
school districts, except as otherwise hereinafter provided.

§ 99. Board of education. — ^The affairs of said school district
of the city of Plattsburgh shall be managed by a board of fifteen
members to be constituted as follows: Five of such board to be
elected by the trustees of the Plattsburgh academy and ten to
be appointed by the mayor of the city of Plattsburgh as follows:
The present members of the board of education of the present
village of Plattsburgh are hereby continued in office until the first
day of August in each year during which their term of office
would have respectively expired. The mayirr within sixty
days after the passage of this act shall appoint five trustees to
serve as follows: One until the first day of August, nineteen
hundred and two, and one to serve respectively for a period of
one, two, three and four years from paid first day of August.

756 LAWS OP NEW YORK. [Chap.

Theresrfter the mayor of such city shall annually appoint two
trustees to serve for a period of Ave years. The trustees of
Plattsburgh academy shall annually appoint one member of such
board to serve for a period of Ave years. The said trustees shall
meet at the common council chamber in said city at eight o'clock
in the evening of the third Tuesday of May, nineteen hundred
and two and shall organize as a board, and shall provide and
appoint a place for its further meetings. Thereafter, said board
of education shall hold their annual meeting on the second Mon-
day in January of each year, for the election of oflBicers. They
shall select by ballot from their number, a president, a vice-
president and a clerk. They shall also appoint a superintendent
of schools of the city and perform the duties of supervision and
all such other duties as the board shall from time to time direct,
and shall be allowed such compensation as the said board may
determine, ^e shall also examine and license, under the statute
and the rules and regulations established by the state superin-
tendent of public instruction, teachers employed in the public
schools in said city. The said president vice-president and clerk
shall hold their office for one year, and until their successors
shall have been duly appointed.

§ 100. The city chamberlain sLall be the treasurer of said
board of education. Said meetings of said board shall be held
at least once in each month. At each of said meetings, there
shall be appointed one or more visiting committees, whose duty
it shall be to visit every school in the city at least once, and to
report upon the condition and work of the schools at the next
meeting of the board. A majority of trustees in office shall
constitute a quorum of the board.

§ 101. In case any vacancy shall occur in the office of trustee,
by reason of death, resignation, removal from the city, or re-
fusal to qualify or serve, or from any other cause, the board of
education, if such vacancy arises from among those appointed
by the mayor, shall fill his vacancy, and in case such vacancy
shall arise in those selected by the trustees of Plattsburgh acad-
emy, the remaining members of the board selected by such
academy may make an appointment to fill such vacancy, and the
person so appointed shall hold office for the unexpired term of
the person to supply whose place, he shall be appointed.

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 757

§ 102. AH property, both real and personal, now vested
in and belonging to the schools in any district embraced within
the city of Plattsburgh, aa hereby constituted, shall pass to and
become vested in the board of education created by this act.
And all moneys and funds belonging to said district shall be paid
over and delivered to the chamberlain of said city and credited
by him to the school fund of said city. All the rights, powers,
privileges, contracts, obligations and liabilities of said union
free school district are hereby transferred to, vested in and im-
posed upon said boerd of education of the city of Plattsburgh
as hereby created. And the rights and privileges of all persona
that may have arisen or accrued prior to the passage of this
act shall remain and be in force by or against the board of edu-
cation of the city of Plattsburgh and its successors in the same
manner and with a like effect as though this act had not been
passed — subject, however, to the provisions of this act.

§ 103. A trustee duly elected or appointed, who declares that
he will not accept or serve in the office of trustee, or who refuses
or neglects to attend three successive stated meetings of the
board, without rendering a good and valid excuse therefor to the
board, vacates his office for refusing to serve.

§ 104. Neither the mayor nor any member of the common
council shall hold the office of a member of the board of educa-
tion, under this act.

§ 105. The district hereby created shall be deemed and is
hereby declared to be a union free school district, under the
laws of this state relating to public instruction. All provisions
of general law, not inconsistent with the provisions of this act,
applicable to school districts, whose limits correspond with any
incorporated village or city, and the boards of education therein
and the corporate authority of such cities and villages, are made
applicable to the school district hereby established, and to the
board of education thereof, and to the corporate authorities of
the city of Plattsburgh.

§ 106. The board of education shall, on or before the fifteenth
day of October in each year, make to the mayor and common
council of the city of Plattsburgh, an annual report to the first
day of August next preceding, setting forth the number of
children of each school under its charge, a statement of all the
liabilities and expenses incurred with all the disbursement!

758 LAWS OF NEW YORK. [Chap.

made by it, during the preceding year, and all other matters
of interest relating to the schools. The common council shall
cause such report to be published.

§ 107. The said board shall, also on or before the fifteenth
day of October in each year, determine by resolution, the
amount of money to be raised, which when added to the money
annually apportioned to the said schools of said city out of
the funds belonging to the state or any other funds available
therefor, will, in its judgment, be necessary to support all the
schools under its superintendence for the ensuing current year,
and for the furtherance of any of the powers vested in it by
law. The said resolution shall set forth, in a detailed state-
ment, the various purposes of anticipated expenditure and the
amount necessary for each. A copy of such resolution shall be
certified by the president and clerk of said board, under the
seal of said board and delivered to the mayor and common coun-
cil of said city. If the mayor approves such statement, he shall
sign it and immediately file the same with the city clerk. It
shall be the duty of the common council to levy and collect an-
nually such amount as the board shall have determined and the
mayor approved at the same time and in the same manner as
. other general city taxes are levied and raised for the ensuing
year, and such common council shall have no power to withhold
or refuse to levy and collect by tax, such sums so determined
by such resolution to be necessary for teachers' wages, for super-
intendence, for the ordinary contingent expenses including
necessary repairs to all the structures belonging to the city
for supporting the schools, for stationery and books and for
the expenses of said board of education, in accordance with the
estimate thus approved by the mayor. In case the mayor shall
disapprove of any of the items embraced in the estimate so
presented to him, he shall, within five days after its receipt,
state in detail his objections to each item so refused and the
reason of such objection and refusal as to each item and file
the same with the clerk of the board of education, and the board
of education shall immediately publish such communication.
Baid board shall then proceed to reconsider such estimate, and
if it agrees to sustain the estimate as made, it shall stand as
if it had been approved by the mayor, or if said board do not
agree to sustain the estimate as made, it shall be so modified as

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 769

to conform to the views expressed by the mayor in his objection,
and in either event, shall be again certified by the president
and clerk of said board to the common council. And the com-
mon council of said city shall include in the annual tax and
assessment roll for that year, the amount specified in said orig-
inal or amended item, and the same shall be collected by the city
chamberlain who shall credit the same to the general school
fund.

§ 108. After the said board of education shall have finally de-
livered to the mayor and common council, by filing with the
city clerk a certified copy of the resolution finally determining
the amount of money to be raised as prescribed herein, the said
board of education shall thereupon be authorized to borrow
upon the credit of the city of Plattsburgh, such money as such
board shall determine to be necessary for the support and main-
tenance of the schools in anticipation of the tax to be raised for
that purpose in the current year. Such loans shall be evidenced
• by the note of the city of Plattsburgh, which shall be signed by
the president and clerk of said board, sealed with its corporate
seal and shall be conditioned that the city of Plattsburgh will
pay the principal named therein with interest at a rate specified
therein, not greater than the legal rate of interest, and shall
mature and be paid by the city chamberlain at the time therein
mentioned, not later than the close of the then fiscal year. The
interest on said notes shall be paid by the city of Plattsburgh and
not charged against any moneys due, or to become due to the
board of education from any appropriation made, or to be made
to said board. The city clerk upon the request of the board,
shall countersign the same, and affix the corporate seal of the
city thereto, and thereupon the same shall be a binding obliga-
tion against the city. The city chamberlain shall keep a sepa-
rate account of all school moneys received by Tiim, whether from
state authorities, local taxation or any other source, and shall
pay out the same only upon warrants signed by the president
and clerk of said board of education. Such warrants shall be
drawn only by the authority of the board of education, and only
as the said money shall be actually needed for disbursement.
The city of Plattsburgh shall be responsible to the board of edu-
cation for the faithful performance by the city chamberlain of
the duties of the treasurer of the said board of education.

760 LAWS OP NEW YORK. [Chap.

§ 109. Whenever said board of education shall have deter-
mined by resolution an amount of money to be raised for new
sites or buildings and furniture and fixtures therefor, or for re-
pairs or improvements to buildings or grounds, which sum shall
in any one year exceed the sum of five thousand dollars, the said
board of education shall present such estimate to the mayor
and common council of the city as required for other expendi-
tures by section one hundred and seven herein, and the same
course shall be followed with reference to such proposed ex-
penditures in all respect as is provided for in said section one
hundred and seven. And when the board of education shall
have finally certified such estimate together with their action
upon any objections which the mayor may have filed thereto
with them, in accordance with the provisions of section one
hundred and seven, the common council shall, by resolution, au«
thorize such board of education to borrow such sum or such part
thereof as the common council may determine. Such loan shall
be evidenced by the bond or bonds of the city of Plattsburgh of
such denominations as the said common council shall determine,
which bonds shall be conditioned that the city of Plattsburgh will
pay the principal named therein and interest and shall bear in-
terest not exceeding the legal rate per annum, payable semi-
annually, and be payable in such sums in each year as the com*
mon council shall determine, and shall be signed by the mayor
and city clerk of Plattsburgh, and sealed with the corporate seal
of said city, and a record thereof shall be kept in the city clerk's
office. The bonds so issued, shall be delivered to said board of
education and shall not be negotiable until signed by the presi*
dent and clerk of said board and sealed with its corporate seal,
and the amount realized from the sale thereof shall be paid to
the city chamberlain, and the par value of said bonds shall be
placed by the city chamberlain to the credit of the said board of
education, and shall be drawn only on warrants of said board
of education and for the purposes for which such loan shall have
been authorized, and for no other purpose. The common coun-
oil of the city of Plattsburgh shall annually raise by tax and as
a part of the school moneys, the amount of money necessary to
pay the interest annually accruing upon such bonds and the prin-
cipal falling due and payable in each year. The said board of
education shall certify annually, by and in the resolution here*

269.] ONE HUNDRED AND TWENTYFIFTH SESSION. 761

tofore referred to in section one hundred and seven, the amount
of money necessary to be raised by tax, to pay interest on such
bonds and the principal of such bonds falling due in any ensuing
year.

§ 110. If at any time after the passage of the resolution pro-
vided in section one hundred and seven, the said board of edu-
cation shall determine that more money is needed for any of the
purposes mentioned in said section, the said board may, by reso-
luwion, determine the amount so needed whereupon the same
procedure shall be taken with reference to such additional sum
as is provided by section one hundred and seven herein. And the
provisions herein relating to the temporary loan of moneys in
anticipation of taxes, shall apply to this section with reference
to such additional amounts, and the same provisions shall apply
to the common council of such city with reference to the raising,
by tax, of the amounts thus temporarily borrowed and the pay-
ment of the interest thereof as is contained in section one hun-
dred and seven.

§ 111. All public moneys or funds belonging or appropriated
to the use of said school district shall be paid to the chamber-
lain of said city, who shall keep the same separate from the
general funds of the city, and stall credit to the school fund the
moneys or property belonging thereto. The board of education
shall disburse all the school moneys of said district by orders
from the chamberlain, signed by the president; said orders shall
be numbered consecutively and shall specify the purpose for
which they are drawn, and the persons to whom payable. Upon
request from said board, the chamberlain shall certify from time
to time the balance remaining, to be collected by or paid to the
city chamberlain for school purposes; it shall not be lawful for
such chamberlain to apply such moneys or any part thereof, to
any other purpose or object.

§ 112. The said board of education shall, from time to time,
as it shall deem expedient or necessary, make provision in ac-
cordance with the provisions of this chapter for additions, alter-
ations or improvements to or in the sites or structures belong-
ing to said district, purchase other sites or structures, erect new
buildings, purchase apparatus and fixtures, or other necessary
property for the district as it shall determine. But no resolution
for the purchase of new sites or the erection of new buildings

762 LAW S OF NEW YORK. [Chap.

shall be effective, unless it shall receive the afl&rmative vote of
two-thirds of the members of said board of education. Said
board of education shall provide accommodations and facilities
for the proper instruction of all the children of school age, re-
siding in such city, and shall provide suitable textbooks for
indigent pupils, and in their discretion, may embrace in their
estimate submitted to the mayor and common council, suitable
provision for providing all pupils with textbooks, to be used in
said schools, under such rules and regulations as they shall pre-
scribe, and they shall have entire and exclusive charge and con-
trol of the public schools of the city of Plattsburgh, subject to
the powers of supervision and direction vested in the state
superintendent of public instruction, and subject to the visita-
tion of the regents of the university and their regulations as to
the course of education and matters pertaining thereto in the
academic department of the schools maintained by them. Said
board may make all necessary by-laws for its own government,
except as herein otherwise provided and said board of education
shall be subject to the laws relating to union free schools and
the general statutes of the state relating to schools, except as
modified by this chapter. The board of education shall be enti-
tled to its proportion of the state moneys for the public schools
of said city of Plattsburgh, which shall be apportioned by the
state superintendent in accordance with the general provisions
of law. It shall have charge of the schpol libraries and make
all necessary and proper regulations concerning the same, and
may impose fine for abuse of books, and may adopt such ordi-
nances and by-laws as they shall deem necessary for the pro-
tection, safe keeping, care and preservation of the school build-
ings and other school property of said district under their
charge, and impose such penalties for the violation of the same
as it shall deem proper. Any person incurring fines shall be
liable to an action for the same by the board of education, and
the amount received shall be deposited with the city chamberlain
and available for the general expenses of the board of educa-
tion in connection with said schools. And it may appropriate
for the benefit of said libraries out of moneys annually raised
in the said city, by the school tax, an amount not exceeding two
hundred dollars in addition to the library money received from
the state. It shall have the power to appoint librarians and

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 763

provide truant officers for the enforcement of the compulsory
education law.

§ 113. The said board of education shall have a corporate seal
with such design as it may adopt. The services of the board ol
education designated by this act shall be gratuitous.

TITLE

Health DsPABTMEfNT*

Section 114. Board of health; organization.

115. President of board.

116. Health officer and city physiciaiu

117. Powers and duties of board.

118. Clerk of board of health.

Section 114. Board of health. — There shall be a board of
health which except the president shall serve without
pay, consisting of three members who shall be desig-
nated commissioners of health. The members of the
board of health of the village of Plattsburgh are hereby con-
tinued as members of the board of health of the city of Platts-
burgh and shall hold their office as members of said board of
health until their successors are appointed as in this act pro-
vided. Within thirty days after the first election of a mayor,
he shall appoint, subject to the approval of the common council,
three persons to act as a board of health and they shall hold
office until February first, nineteen hundred and four. In the
month of January, nineteen hundred and four, and each alter-
nate year thereafter, there shall be appointed in like manner
three commissioners of health for the term of two years, to suc-
ceed the commissioners whose terms expire in that year.

§ 115. President of board. — ^The commissioners of health shall
el(?ct from their own number a president of the board of health,
who shall receive an annual salary of one hundred dollars. The
said board shall be organized under the public health law of the
state.

§ 116. Health officer and city physician. — ^The said board shall

appoint a competent physician not one of its members to be the

. health officer of the city, who shall also be the city physician

and as such shall discharge such duties as are assigned to him

by the commissioner of charities. He shall furnish such medl-

704 LAWS OF NEW YORK. [Chap.

cine and medical supplies as may be required for the care of the
poor, and shall receive as compensation for his services and such
medical supplies, the sum of six hundred dollars annually.

§ 117. Powers and duties of board. — The board of health and
the members thereof shall have all the powers and be charged
with all the duties and responsibilities conferred and imposed
upon local boards of health and the members thereof by the
general laws of the state, so far as the same pertain to cities,
except as herein otherwise provided. But such board of health
shall create no liability against the city for food or supplies fur-
nished by them, except on order of the commission of charities.

§ 118. Clerk oif board of health.— The city clerk shall be the
clerk of the board of health. It shall be his duty to keep a
register of all births, marriages and deaths required by the
public health law.

TITLE X. '
Department of Charitibs.

Section 119. Appointment of commissioner.

120. Powers and duties of commissioner of charities.

121. Monthly report of commissioner.

122. Common council to audit accounts.

123. Commissioner not to be interested in purchases.

Section 119. Appointment of commissioner. — The board of
alms of the town of Plattsburgh, and the overseer of the poor
appointed by it, are hereby continued and the said overseer is
hereby continued as commissioner of charities of the city of
Plattsburgh and shall hold office as such commissioner of chari-
ties until his term of office as such overseer has expired and
his successor is appointed as in this act provided. Upon the
expiration of the term of office of such overseer the mayor shall,
subject to the approval of the common council, appoint a suit-
able person to be commissioner of charities upon the appoint-
ment, as in this act provided, of an overseer of the poor of the
town of Plattsburgh, the duties of said board of alms and
its appointees shall cease, and chapter two hundred and
fifty of the laws of eighteen hundred and seventy-eight and all
amendments of the same shall thereupon be repealed and the
said board of alms and its appointees shall immediately turn
over all moneys, property and effects in its hands to the cham-

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 765

berlain of the city and the supervisor of the town, in such pro-
portion as may be required by the board of town auditors of the
town of Plattsburgh.

§ 120. Powers and duties of the commissioner of charities.^
Except as provided by this act, the commissioner of charities
of the city of Plattsburgh shall, within the city of Plattsburgh,
have and exercise the same powers and discharge the same
duties, to the exclusion of any other person or persons, as over-
seers of the poor in towns. The commissioner of charities of
the city of Plattsburgh shall also, by virtue of his office, possess
all the powers and authority of overseers of the poor of the
several towns of the state in relation to the support and relief
of indigent persons, the binding out of children, the care of
habitual drunkards, the support of bastards and proceedings to
charge the fathers and mothers of such bastards and shall have
such other powers as are conferred upon overseers of the poor
in the respective towns of this state, and shall be subject to the
same duties, obligations and liabilities. It shall be the duty of
the commissioner to visit the poor of said city at their several
places of abode and examine into their circumstances, and ascer-
tain to what extent they are or may be in need and entitled to
permanent or temporary relief or medical attendance. No
physician other than the city physician shall be employed by the
commissioner of charities to attend the poor of said city, unless
otherwise authorized or directed by the common council. The
commissioner of charities shall have power to administer oaths
to, and examine under oath, any person applying to him for
relief, and false swearing during such examination shall be
deemed wilful perjury. For all purposes relative to the mainte-
nance and support of the poor, the city of Plattsburgh shall be
deemed one of the towns of Clinton county. The commissioner
shall issue written orders for all meals, provisions and supplies
furnished to the poor of said city. No claim for expenditures on
account of the poor of said city shall be audited or paid, unless
such expenditures shall have been made pursuant to a written
order of such commissioner.

§ 121. Monthly report of commissioner. — ^The commissioner of
charities, at the first regular meeting of the common council in
each month, shall under oath report in detail to the common
council all appropriations, expenditures, temporary relief, medi-
cal attendance, and allowance made by him as such commis-

766 LAWS OP NEW YORK. [Chap.

sioner during the month preceding, which report shall specify
the name and place of abode of each person relieved, the quan-
tity and price per pound, or otherwise as the case may be, of
each article furnished or ordered, and from whom obtained; said
report shall also contain the names and places of abode of all
persons to whom meals and lodgings have been furnished, the
number of said meals and lodgings, from whom obtained, or
whom furnished, and the cost of the same. Said report shall be
filed with the city clerk.

§ 122. Common council to audit accounts. — ^All charges and
accounts against said city for services rendered, acts done or
meals, provisions or supplies furnished under the direction of
the commissioner of charities of said city under the provisions
of this act, or otherwise, shall be made out in items, duly veri-
fied, by the persons entitled to the payment therefor, and pre-
sented to the common council at the first regular meeting of said
council in each month, for all claims and demands incurred or
which may have accrued during the preceding month. All such
claims, accounts and charges shall, if approved, be audited by
the common council and paid from the poor fund of said city by
the chamberlain upon the warrant of the mayor, countersigned
by the clerk.

§ 123. Commissioner not to be interested in purchases. — The
commissioner of charities shall not, directly or indirectly, fur-
nish to any person, any groceries, provisions, food, medicines or
property belonging to himself, or in which he shall have an inter-
est or be interested, nor shall he receive any commission upon
or for any goods or articles or relief furnished, or on any orders
given by him for any such goods or articles of relief furnished.
For any violation of the provisions of this section, said commis-
sioner shall be removed from oflSce by the mayor and he shall
forfeit to said city a penalty of one hundred dollars for each

violation.

TITLE XI.

Department of Law.
Section 124. The corporation counsel.

125. Duties of corporation counseL

126. Payment of moneys.

127. Compromise of suits.

128. Employment of counsel.

129. Judgments, report upon to common council.

261).] ONE HUNDRED AND TWENTY-FIFTH SESSION. 767

Section 124. The corporation counsel. — ^The corporation conn-
sel shall be the head of the department of law.

§ 125. Duties of corporation counsel. — He shall be and act as
the legal adviser of the common council and of the several
oflScers, boards and departments of the city, and he shall appear
for and protect the rights and interests of the city in all actions,
suits and proceedings, brought by and against any city officer,
board or department; and such officers, boards or departments
shall not employ other counsel, except with the approval of the
common council and mayor by proper resolution. No written
contract providing for the payment of two hundred dollars or
more, entered into by the city or any of its officers, boards or
departments shall be acted under until there shall be endorsed
thereon by the city attorney a certificate to the effect that the
city officer, board or department, which has executed the same
on behalf of the city, had authority and power to make such
contract, and that such contract is in proper form and properly
executed; and he shall attend to all the law business of the
city, and discharge such other duties as may be prescribed in
the ordinances of the common council.

§ 126. Payment of moneys. — ^He shall pay over at once to the
chamberlain all moneys collected by him for or on behalf of
the city, including fines and penalties; and he shall annuallyi
on the first Tuesday of February, file with the mayor of the city
ah inventory of all the books and property belonging to the
city in his custody.

§ 127. Compromise of suits. — He shall, whenever he considers
that the best interests of the city will be subserved thereby,
enter into an agreement in writing, subject to the approval of
the common council, to compromise and settle any claim against
the city, which agreement shall be reported to the common
council at its next meeting, and be and constitute a valid obliga-
tion against the city; and the amount therein provided to be
paid shall, with interest thereon at six per centum from its
date, be included in the next city tax budget; and when raised
by tax be paid to the claimant. If, however, before the adop-
tion of the city tax budget there shall be received by the cham-
berlain from any source, any moneys not otherwise appro-
priated, the amount in the agreement provided to be paid shall

768 LAWS OF NEW YORK. [Chap.

be paid out of such moneys so received so far as tbey will satisfy
the same.

§ 128. Employment of connsel. — ^The corporation counsel, with
the written consent of the mayor, or when authorized by the
common conncil, may employ counsel to assist him in the argu-
ment and conduct of important cases or proceedings in which
the city is interested or a party.

§ 129. Judgments, report upon to common oonnoil. — ^The
amount of any judgment recovered against the city and payable
by it, remaining unpaid, with the interest due thereon, in case
no appeal is intended to be taken, or in case such judgment is
finally affirmed on an appeal taken, shall be reported by the
corporation counsel immediately after the same shall have be-
come payable, to the common council; and unless the common
council issue bonds to raise money for the payment of the same,
such amount shall be raised in the next levy of taxes for the
expenses of the city, unless execution upon such judgment shall
be stayed. Such judgments shall be paid out of the first
mcfneys paid into the city treasury on account of such levy, in
the order of their recovery. Until the money so raised shall be
paid into the treasury and payment of judgment refused, no
execution shall issue against the city, unless the amount of
such judgment shall not have been included in the tax levy; pro-
vided, nevertheless, if there be any money in the treasury to
the credit of a fund derived from the revenues of the city, other
than by taxation and not otherwise appropriated, sufficient to
satisfy such judgments, the common council shall direct the
payment therefrom of such judgments in the order of their
recovery.

TITLE

OlTT Ck>nBT,
Bection 130. City court.

131. Rooms, supplies and stenographer.

132. Jurisdiction in civil actions and proceedings.

133. Not to take cognizance of certain actions.

134. Process, practice, appeals from judgments, et

cetera.
185. Opening and vacating judgments.

136. Evidence.

137. Costs and fees.

269.] ONE ITUNDREl) AND TWENTYFIFTH SESSION. 769

Section 138. Jurisdiction of city judge in criminal cases.

139. Disorderly persons.

140. Amount of fees; deposit of fees; account of crim-

inal business; docket.

141. Acting city judge, designation of, compensation.

142. Compensation of peace officers. »

143. Rules.

Section 130. City court. — ^There shall be a city court of civil
and criminal jurisdiction. The city judge shall be the judge of
the court. The court shall be open for the transaction of busi-
ness each day in the year, except Sundays and legal holidays,
and upon those days for such purposes as are provided by law.

§ 131. Booms, supplies and stenographer. — ^The common coun-
cil of the city shall provide suitable rooms and properly furnish
the same for holding court therein; provide for furnishing the
necessary blank books, stationery and other necessary articles
for the use of said court. The city judge may appoint a stenog-
rapher^ at an annual salary not exceeding three hundred dollars,
which compensation shall include the expenses of all stenogra-
pher's supplies used in said court.

§ 132. Jurisdiction in civil actions and proceedings. — Except
as limited by the next succeeding section, the city court shall
have jurisdiction of the following civil actions and proceedings,
namely:

1. An action to recover damages upon or for a breach of con-
tract, express or implied, other than a promise to marry, when
the sum claimed does not exceed five hundred dollars.

2. An action to recover damages for a personal injury or an
injury to property, where the sum claimed does not exceed five
hundred dollars.

3. An action for a fine or penalty not exceeding five hundred
dollars.

4. An action upon a judgment not exceeding five hundred dol-
lars, rendered in said court or in any court of the state of local
jurisdiction, not being a court of record.

5. An action to recover one or more chattels, with or with-
out damages, for the taking, withholding or detention thereof,

70 LAWS OF NEW YORK. [Chap.

where the value of the chattels as stated in the affidavit of the
plaintiff does not exceed the sum of five hundred dollars.

6. To render judgment upon the confession of the defendant
where the amount confessed does not exceed the sum of one
thousand dollars.

7. Summary proceedings under title two of chapter eighteen
of the code of civil procedure, and the application for the re-
moval of a person from real property in such proceedings may
be made to the city judge as is provided in section twenty-two
hundred and thirty-four of the code of civil procedure and the
procedure before the city judge and the city court shall be as is
prescribed by said title.

8. Any other civil action or proceeding of which justices of
the peace of towns have jurisdiction, including bastardy cases
in which cases the city judge shall sit as the court.

§ 133. Not to take cognizance of certain actions. — ^The city
court shall not take cognisance of a civil action in either of the
following cases:

1. Where the title to real property comes in question, as is
prescribed in title three of chapter nineteen of the code of civil
procedure, and when such question arises, the pleadings and
practice shall be the same as are provided by law for courts of
justices of the peace in towns in regard thereto.

2. When the action is to recover damages for false imprison-
ment, libel, slander, criminal conversation, seduction or mali-
cious prosecution.

3. Where, in a matter of account, the sum total of all the
accounts of both parties, proved to the satisfaction of the court,
exceeds one thousand dollars.

4. Where the action is brought against an executor op an
administrator as such, except where the amount of the claim
does not exceed the sum of five hundred dollars, and the claim
has been duly presented to the executor or administrator and
rejected by him.

§ 134. Process, practice; appeals from judgments. — ^The process
and all mandates of the city court, the service and enforce-
ment thereof, the proceedings thereunder and the practice and
procedure in said court, and before the city judge, shall be the
same as in courts of justices of the peace in towns, except as
otherwise provided for in this act, and all provisions of law

200] ONE HUNDRED AND TWENTY-FIFTH SESSION. 771

applicable to justices of the peace in towns, and the courts
bold by them, and the proceedings had before them, and to
their official acts, duties and powers, shall apply to the city
court and the judge thereof; and appeals may be taken from
judgments of the city court, and all proceedings before the city
judge may be reviewed and transcripts of judgments filed in the
office of the clerk of the county of Clinton and the enforcement
of such judgments shall be had in the same manner and with
like force and effect as in courts of justices of the peace in
towns; and for the purpose of determining the jurisdiction of
such city court, except as the same is increased or extended or
modified by this act, the city shall be regarded as a town. The
sheriff of Clinton county and his deputies may execute any civil
or criminal process issued by the city judge and shall, in rela-
tion thereto, perform all the duties and possess all the powers
of constables in towns and shall be entitled to collect the same
fees as are allowed to constables for like services. Such sheriff
or his deputy shall convey any person sentenced by such city
judge to confinement in any jail, prison, penitentiary, reforma-
tory or house of refuge to such place of confinement.

§ 135. Opening and vacating judgments. — ^The city court in
civil cases shall have power to open and vacate any judgment
rendered therein, upon such terms and conditions as it may
deem just, within the time limited for an appeal therefrom,
upon application of any party aggrieved thereby, and the city
judge may make an order staying in the meantime proceed-
ings, upon such judgment until the hearing and decision of the
motion therefor, and upon the service of such order upon the
officer having the mandate for the enforcement of such judg-
ment, proceedings for the enforcement thereof shall be stayed
accordingly. Five days' notice in writing of the application to
open or vacate such judgment must be given by the party mak-
ing the same ; and such notice shall be served as is provided by
law, for serving notices of appeal from judgment of a justice
of the peace.

§ 136. Evidence. — All entries in the city clerk's minutes op
copies thereof duly certified by the clerk and the corporate seal
thereto annexed, shall if the fact stated be competent and
material for any purpose be evidence in all courts of the state
of the facts therein stated; and in actions and proceedings fop

)

LAWS OF NEW YORK. [Chap.

the recovery ot fines and penalties, the certificate of the cJerk
of the city, under the corporate seal of said city, setting forth
any ordinances, by-law, rule or regulation, and certifying the
adoption of the same, and the date of such adoption, shall be
presumptive evidence of the existence and adoption of any
such ordinance, by-law, rule or regulation. ,*

§ 187. Costs and fees. — In all civil actions and proceedings
brought in this court, the same costs and fees shall be paid,
taxed and recovered as in actions or proceedings before justices
of the peace in towns. The court shall demand and receive of
the moving party prepayment of all such fees, unless the party
shall file an affidavit in writing showing to the satisfaction oi
the court that the action or proceeding is begun in good faith,
and t^at the applicant is without means to pay such fees, in
which case the judge may, in his discretion, issue the proper
process, without charging for court fees, but shall in all cases
require the applicant to pay in advance the fee of the officers
for serving such process. All officers' fees received by the city
judge shall be paid to the officers as soon as earned, and all
other fees received by him as aforesaid shall belong to the city;
and the city judge shall not directly or indirectly receive to his
own use any fees or perquisites except his salary. In addition
to such fees as may have been paid or incurred by the prevail-
ing party, he shall be allowed as an indemnity in case he has
appeared by an attorney admitted to practice in courts of rec-
ord in this state (and not otherwise), the following sums as
expenses :

1. If a judgment is rendered for plaintiff upon default, or by
confession, to the plaintiff three dollars. j

2. If judgment is rendered for plaintiff other than upon a «
default, to the plaintiff three dollars, and an additional sum

equal to ten per centum of the recovery, when the action is ^

brought to recover a sum of money, or ten per centum of the
value of the property as fixed by the judgment, when the action
is brought to recover a chattel, but not in any case to exceed
twenty-five dollars in all.

3. If a judgment of non-suit is rendered for defendant with- (|
out trial, to the defendant two dollars.

4. If a judgment is rendered for the defendant after trial, ex-
cept as specified in the next subdivision, to the defendant five

2G9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 773

dollars, and the court in its discretion may allow five dollars
additional.

5. If an affirmative judgment is rendered for the defendant, to
the defendant the same as if he had been a plaintiff.

6. No costs of fees shall be allowed or incurred in an action
brought upon a judgment of this court, unless such action is
brought more than five years after the recovery of the judgment
sued on.

§ 138. Jnrisdiotion of city judge in criminal cases. — ^The city
judge in all criminal actions and proceedings and special pro-
ceedings of a criminal nature, fop and on account of offenses
committed or charged to have been committed within the city,
shall have all the jurisdiction and authority which a justice of
the peace of a town would have, including bastardy proceedings,
in which latter proceeding it shall not be necessary for the city
judge to associate with himself another magistrate. He shall
also have power to try the following offenses, committed within
his jurisdiction, namely, cases of malicious mischief and injury;
all offenses against public decency, selling unwholesome pro«
visions; breaches of the peace, all violations of the laws and
ordinances of the city, and all other offences of the grade of mis-
demeanor under the laws of the state. And the city court shall
possess and exercise all the powers conferred upon courts oi
special session, and shall be subject, in the exercise of such
powers, to all provisions of law relating to courts of special
sessions; and upon conviction in said court for any misdemeanor
of which the court has jurisdiction, the same sentence may be
imposed as might be Imposed were such conviction had in a
county court.

§ 139. Proceedings upon arrest and trial of disorderly persons;
punishment of offenders. — ^When any person charged or com-
plained against as a disorderly person, under the pro-
visions of this act, shall be arrested or brought before the city
judge, the said city judge shall proceed forthwith to hear, try
and determine the complaint or charge on which such person is
arrested; or he may, in his discretion, adjourn the hearing of
the trial on cause shown, not exceeding five days, and in the
meantime shall commit the accused to the county jail, tintil such
day, or suffer him to go at large on his executing a bond with
sureties, duly approved, conditioned that he will appear on said

774 LAWS OP NEW YORK. [Cuap.

adjourned day. And upon the conviction of any such offender,
either by confession or competent testimony, the city judge shall
have full power and is hereby authorized to punish by
a fine not exceeding fifty dollars, or by imprisonment
in the county jail of Clinton county, not exceeding six
months, or by both such fine and imprisonment. In
addition to persons designated in section forty-six of
title four of this act, the following persons within the city of
Plattsburgh, shall be deemed disorderly persons and may be
proceeded against as such and punished according to the pro-
visions of this act; all persons who shall be intoxicated under
such circumstances as to amount to a violation of public
decency; common prostitutes or keepers of disorderly houses;
all persons who shall by firing any fire-arms, or by noisy,
tumultuous or riotous conduct, disturb the peace and quiet of
said city; all persons who shall use any threatening, abusive or
insulting language^ or shall be guilty of threatening, abusive or
insulting behavior, provoking or tending to provoke a breach of
the peace of said city; all persons who shall use any vile, in-
decent or obscene language, or be guilty of any indecent or
obscene conduct in any public park, street, lane or public place;
persons quarrelling in any public street or place; all persons
who shall alone or with others, not using the public ways to pass
and repass, lounge and loiter about, standing on or occupying
the sidewalks or any public place in front of or along any
premises or buildings, public or private, not owned or occupied
by them, or without any right in or about the approaches, pas-
sages, entrance, hall or stairway of any building to the annoy-
ance or impediment of persons lawfully passing and repassing
or of property owners or occupants, aild shall refuse, after
direction of any oflScer or citizen to pass along or disperse from
said place or places; all persons who shall disturb or interrupt
any public meeting, school, concert, theater or exhibition, or any
assemblage, without lawful authority; all persons who shall be
found in the night-time lurking suspiciously around any place in
the city and shall refuse, on demand of any police constable or
watchman, to give a good account of himself or herself; all per-
sons who shall wilfully remove, break, mar, injure or deface any
building, fence, awning, sign, signboard, window, gate or other
private or public property, or who shall wilfully tear down.

2G9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 775

destroy or mutilate any notice or hand-bill lawfully posted in
said city or shall wilfully rub or throw any paint, ink, liquid,
missile or other substance, upon or against any fence, structure
or building, or against, or through any window or door of any
building; all persons who at the time of a fire in said city shall
interfere with the operation of the fire department or any of its
members, agents, officers or men, in their efforts to prevent or
extinguish a fire or shall interfere or attempt to interfere with,
or prevent or obstruct the execution of the orders of the proper
officers of said fire department in the performance of their duties
at such fire; all persons who shall be found lodging or attempt-
ing to lodge in, or frequenting or hanging around any fire depart-
ment building without the consent of the chief engineer of the
fire department, or shall commit any nuisance in or around such
building; all persons who shall wilfully deface, mutilate,
damage or destroy any property belonging to the said city and
any person not a fireman who shall take or use any of the prop-
erty in the possession of the fire department or any fire company
thereof without the consont of the chief engineer of the fire
department; all persons who shall wilfully give or assist in giv-
ing a false alarm of fire. All persons who shall be found en-
gaged in any public place throwing stones or other missiles and
endangering persons or property, or shall wantonly and mali-
ciously injure any street or public gas or electric lamp, lamp-
post, wires, gas pipe or main or any city water pipe, main,
hydrant, hose or other works or apparatus, boxes, wires, posts
and all appurtenances thereto; all persons who shall neglect op
refuse to report cases of contagious or infectious diseases, in
pursuance of the regulations of the board of health; all persons
who shall be gjilty of immoderate driving or racing horses on
any of the streets of the city; all persons who shall have incited
or induced dogs to fight in any street or public place, or the
owner of any ferocious or vicious dog, who shall permit him to
be at largo, in any street or public place unmuzzled; all persons
who shall expose in or upon any street, lane, alley or public place,
in the city, any table or device of any kind for the purpose of
having any game of chance played thereon, or by any apparatus
or performance of which shall have depending thereon any gift
or the winning of any article; all persons who shall within the
city engage in, or carry on any business, or do or perform any

776 LAWS OF NEW YORK. [Cuap.

act for which the obtaining of a city license is, or shall be pre-
scribed as a condition precedent thereto, without first having
obtained such license; all persons who do any act tending to a
breach of the peace, or the commission of any crime; every per-
son found guilty of being a disorderly person as aforesaid and
every person guilty of any act or acts making such person a dis-
orderly person as herein declared, shall be guilty of a misde-
meanor and on conviction thereof punished as in this act pro-
vided.

§ 140. Amount of fees; deposit of fees; account of criminal
business; docket. — ^The city judge shall keep an accurate account
of all fees and fines received, from whom received, the time
of receiving the same; and on the first business day
of each month shall deposit with the chamberlain the
amount thereof received in the last preceding month with a
detailed statement of the items thereof, verified by the affidavit
of the city judge to the effect that the same is correct and that it
embraces all moneys paid into court or received by said city
judge for fees and fines during the period covered by such state-
ment. He shall also keep an account of all criminal business
done by him, which, by law, is now made a charge upon the
county of Clinton; and at the annual meeting of the board of
supervisors the same shall be audited and ordered paid to the
chamberlain of the city. He shall keep an account of all his pro-
ceedings and in his docket a complete and accurate record of all
process issued from and returned to said court, and of all pro-
ceedings in every civil or criminal action, and all proceedings
brought therein or before him, and shall enter therein the judg-
ment and decision of said court or judge. Such docket shall have
the same force as e idence in courts of this state as dockets of
justices of the peace in towns.

§ 141. Acting city jidge, designation of; compensation. — ^The
mayor shall designate in writing to be filed with the city clerk,
an attorney and counselor-at-law residing within the city, who
shall, only during sickness^ absence from the city, disability or
inability of the city judge to act, exercise in the place and stead
of the city judge all of the powers of said judge including juris-
diction in cases then pending before the said city judge. Such
designation shall terminate at the expiration of the term
of office of the then city judge. The compensation of said

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 777

acting city judge shall be such as the common council
shall determine, not exceeding the sum of four dollars
for every day not exceeding thirty in any year, actually spent
in the discharge of the duties provided for in this act, to be
audited, allowed and paid by the common council upon the pre-
sentation by such acting city judge of a verified bill of items for
his services. Claims for any additional services, if any, shall be
presented to the common council, and if allowed shall be deducted
from the salary of the city judge.

§ 142. Kules. — ^The city judge may make rules not inconsistent
with any law of this state, to govern the practice and procedure
in his court, and fixing the sum of money required as a pre-
liminary deposit to secure prepayment of fees by parties in civil
actions.

TITLE Zm.

Actions by and Against the City.

Section 148. Limitation of actions again-st the city.

144. No disqualification as judge or juror because of

residence in city.

145. Civil actions to recover penalties.

Section 143. Limitation of actions against the city. — ^No action
or proceeding to recover or enforce any claim, debt or demand
against the city shall be brought until the expiration of thirty
days after the claim, debt or demand shall have been presented
to the common council for audit. All actions brought againsi
the city upon any contract, liability, expressed or implied, must
be commenced within one year from the time that the cause of
action accrued, or if for injuries to the i)erson or property, caused
by negligence, within one year from the time of receiving the
injuries, and in other cases within six months after the refusal
of the common council to allow the claim; and no action or pro-
ceeding shall be maintained against the city for personal injuries
unless notice in writing of the intention to claim damages and of
the time and place at which such injuries were received and the
nature and extent of such injuries, shall have been filed with the
corporation counsel within one month after such injury shall
have been received and an omission to present such notice, within
the time as above provided, shall be a bar to an action thereon
against the city. Said city shall not be liable for damages or

778 LAWS OF NEW YORK. [Chai\

injury to persons or property alleged to have arisen or been
sustained from or in consequemie of a defective or unsafe con-
dition in any sidewalk, street, highway, crosswalk, grating,
opening, bridge or culvert, drain or sewer, unless actual notice
of such defective or unsafe condition shall have been given the
superintendent of public works at least five days prior to such
injury.

§ 144. Disqualification of judge or juror because of residence
in the city. — ^No person shall be disqualified for acting as judge
or juror by reason of being an inhabitant or freeholder in the
city of Plattsburgh and in any action or proceeding in which the
city is a party or interested.

§ 145. Civil actions to recover penalties. — Civil actions to re-
cover any penalties or forfeiture incurred under this act may
be brought in any court having jurisdiction thereof. Such action
shall be brought in the corporate name of said city and, in any
action brought in the city court, it shall be lawful to complain
generally for the amount of such penalty or forfeiture stating
the section of this act or of the ordinance under which the pen-
alty is claimed, and to give the special matter in evidence, and
the defendant may answer by simply denying the truth of the
complaint and give the special matter in evidence. If such action
be brought in the city court agaiuKt an alleged owner of real
property, the fact that title to real property comes in question
on the pleadings or appears on the trial shall not deprive the
court of jurisdiction, but may be litigated and determined by the
judge as the right of the case may appear; but such judgment
shall not be evidence concerning the title of real property in any
oth^r action or proceeding. The first process, in any such action^
brought in the city court shall be by summons, which may be
made returnable forthwith and an execution may be issued im-
mediately on the rendition of judgment. All x>€nalties and for-
feitures shall be forthwith, upon collection, paid to the city
chamberlain to the credit of the general city fund; when any
judgment shall be rendered in the city court in favor of or against
the city of Plattsburgh in any action brought for the recovery
of any penalty or for forfeiture or in any other action in which
the city of Plattsburgh shall be a party, the city judge shall
within ten days thereafter file with the city clerk a transcript of
such judgment for which he shall be entitled to charge the sum

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 779

of twenty-five cents and include the same in the casts of said judg-
ment; and in case the said judge shall omit to file such transcript
or to do any of the acts above described he shall forfeit the sum
of twenty-five dollars for each and every of such omissions, to be
recovered in an action by the city against said city judge. When-
ever a judgment in favor of the city shall be recovered for twenty-
five dollars or upwards, exclusive of costs, a transcript thereof
may be filed in the office of the clerk of Clinton county and there-
upon the same shall become a lien upon the property of the de-
fendant in such judgment to the same extent, and may be col-
lected and enforced in the same manner as other judgments
recovered before justices of the peace and transcripts filed iu
pursuance of the laws of the state of New York.

TITLE XIV.

Assessment and Taxation.
Section 146. Assessment of taxes.

147. Completion of roll.

148. Review, of assessment.

149. Equalization and levy for state and county taxes.

150. Levy of taxes by common council; tax rolls.

151. Issue of tax roll and warrant to chamberlain.

152. Notice of receiving taxes.

153. Tax receipts.

154. Notice of unpaid taxes and demand of payment.

155. Collection of tax by sale of personal property.

156. Collection of tax by civil action.

157. Proceedings in case of failure to collect tax on

warrant.

158. Sale of land for unpaid taxes.

159. Notice of sale of land for taxes.

160. Manner of conducting sale of land for taxes.

161. Disposition of proceeds of sale.

162. Redemption of lands.

163. Notice of redemption.

164. Conveyance of real estate sold for taxes.

165. Settlement by chamberlain for taxes collected.

166. Power of common council as to void and erroneous

assessments.

167. Collection of local assessments.

168. Tax levy for year nineteen hundred and two.

780 LAWS OF NEW YORK. [Chap.

Section 146. Assessment of taxes. — The assessors shall in each
year prepare an assessment roll of the persons and prop-
erty taxable within the city, in the same manner and form as is
required by law for the preparation of town assessment-rolls,
except as modified by this act. In the assessment of any land in
said city for any purpose, it shall be sufficient to state the name
of one of the owners or occupants of said land, and also the
street and number of any building thereon; but if the land be
vacant or the building thereon be not numbered, then the name
of the street on which it fronts shall be given. In case no inhab-
ited building is on the land, the owner may be designated as
unknown. No error in the name of the owner or occupant shall
invalidate the assessment. Except as herein provided, only one
assessment shall be made in each year for all the taxes levied
within the city during that year.

§ 147. Completion of roll. — ^The assessors shall during the
month of June in each year (except as herein provided for the
first assessment), complete such assessment roll and shall file
the same with the city clerk and shall give notice for thirty
days, by posting such notice in three public places in the city,
and by publication thereof in the official newspapers of the city,
that such roll is completed and filed, and that all persons inter-
ested may examine the same at the city clerk's office, and that
also on the first Tuesday of August next ensuing, at a place
specified in such notice, the board of review will sit to review
the same.

§ 148. Review of assessment. — ^The assessors shall constitute
a board of review. They shall meet at the time and place speci-
fied in the notice mentioned in section one hundred and forty-
eight of this act, and review the assessment. Their sessions
shall not continue more than ten days. During the time the
assessors review any tax or assessment they shall have power
to add or insert in such assessment roll any property liable to
assessment and the valuation thereof which may have been
omitted from such roll, upon giving personal notice to the owner
of such property or to his agent at least two days prior to add-
ing the same. Except as modified by this act, the board of
review shall have all the powers given by the tax law of the
state of New York, to assessors sitting to hear complaints in
relation to assessments, and the proceedings in relation thereto

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION, V81

shall be the same as provided by the tax law of the state. Any
person assessed upon the assessment-roll, claiming to be
aggrieved by any assessment for property therein, may review
the same in manner provided by article eleven of the tax law.
On or before the first day of September, the corrected assess-
ment-roll together with their minutes shall be filed in the office
of the city clerk.

§ 149. Equalization and levy for state and coiuity taxes. — ^The
city clerk shall immediately thereupon proceed to prepare the
roll for the ensuing year. He shall, upon the written direction
of the assessors, correct all clerical errors appearing therein,
make a true copy of the assessment-roll as corrected, certify it
under the seal of the city, and deliver it to the chairman or
clerk of the board of supervisors of the county of Clinton, at its
next annual meeting. The board of supervisors of Clinton
county shall in each year equalize the assessments within the
city of Plattsburgh with the assessments of the towns in said
county, in the same manner as the assessments are required to
be equalized between such towns. The board of supervisors
shall not cause the state and county tax apportioned to said
city to be spread upon any tax roll of property within the city,
but shall, by resolution, ascertain and direct the amount of tax
to be levied in the city for state and county purposes, and shall,
on or before the fifteenth day of December in each year, certify
such resolution under the hands of the chairman and the clerk
of the board of supervisors to the common council of the city,
and file such resolution with the city clerk, and the city clerk
shall thereupon extend and apportion such tax on the assess-
ment-roll together with the city taxes, levied as hereinafter pro-
vided, and not theretofore collected or for which no warrant is
outstanding, and no other extension and apportionment of such
state and county taxes need be made.

§ 150. Levy of taxes by common council; tax rolls. — ^The com-
mon council must annually cause to be levied and raised by gen-
eral tax upon all taxable property, real and personal, in the city,
according to the valuation upon the assessment-roll for the cur-
rent year, corrected as aforesaid :

1. The amount of taxes certified to the common council of the
city by the board of supervisors to be assessed upon the city.

2. The amount of all interest and any installment of princi-

782 LAWS OF NEW YORK. [Chap.

pal falling due upon the bonds or other permanent debt of the
city, which shall be kept in a separate fund to be called the pub-
lic debt fund.

3. The amount necessary to defray the expenses for the next
fiscal year as authorized and provided in this act, but such taxes
may be divided into two parts, and two separate warrants may
issue therefor. One warrant which includes the taxes certified
by the board of supervisors may also include the amount needed
for school purposes from January first to July first, and also the
amount needed to pay interest and principal of bonds falling
due between February first and August first and such other
items as the common council determine best to include. The
other warrant to be issued at such time as in the judgment of
the common council it will be most convenient and least bur-
densome to taxpayers, to include all taxes not included in the
first warrant. Nothing herein contained however shall prevent,
in- case the common council deem it advisable, the collection of
all taxes levied for one year, in a single warrant.

§ 161. Issue of tax roll and warrant to chamberlain. — ^The city
clerk, under the direction of the common council, shall extend
and apportion the taxes to be collected on the assessment-roll
delivered to him, and as often as taxes are directed to be col-
lected, and shall forthwith file the same in his office, and
shall make two copies of the same with the taxes to be
collected, extended and apportioned, and shall certify such
copies to be correct duplicate city rolls of state, county and city
taxes as the case may be; the first roll if more than a single war-
rant is to issue, shall then and on or before the fifteenth day of
January, or as soon thereafter as practicable, be delivered to
the chamberlain of the city with a warrant annexed, under the
seal of the city, commanding him to receive, levy and collect the
several sums in the roll specified as assessed against the person
or property therein mentioned or described, with such percent-
age of penalty and interest as is in this act provided, in the man-
ner provided by law for the collection and levying of county
taxes by town collectors and with the additional powers con-
ferred by this act, and shall in like manner prepare a second
roll, if taxes are divided, at such time as the common council
shall direct and embracing all other taxes to be collected. From
the time of the receipt of the tax roll and warrant by the cham-

269.] ONE HUNDRED AND TWENTY-FIFTH SE8KI0N. 783

berlain, all taxes assessed and levied upon any real estate shall
be a lien upon such real estate for the amount thereof with per-
centage and interest until the same shall be fully paid.

§ 152. Notice of receiving taxes. — Immediately on the delivery
of the city roll and warrant to the chamberlain he shall publish
a notice in the official newspapers of the city, that he will attend
at his office with said roll and warrant, for thirty days next after
the first publication of said notice, Sundays and legal holidays
excepted, from nine o'clock in the morning to four o'clock in the
afternoon, to receive taxes so assessed, and it shall be his duty
to attend accordingly. All taxes or assessments paid within
thirty days after the first publication of the chamberlain's notice
shall be payable without fee, percentage or i^iterest thereon.
On all taxes or assessments remaining unpaid after the expira-
tion of such thirty days, the chamberlain shall collect two per
centum additional, and all remaining unpaid after the expiration
of sixty days from such first publication, the chamberlain shall
collect five per centum additional, and there shall be collected
thereon, in addition to said five per centum, interest at the rate
of one per centum per month from the expiration of said sixty
days, which percentage and interest shall belong to the city.

§ 153. Tax receipts. — Immediately upon receiving any tax the
chamberlain shall enter in a column prepared for the purpose
and opposite the names of the persons or corporation, paying
the same, the fact of payment and the date thereof, and shall
give the person paying the same a receipt therefor. Any person
may pay any one or more taxes or assessments upon his prop-
erty, leaving others unpaid to be enforced in the manner pro-
vided by this act. All receipts issued by the chamberlain for
taxes paid to him shall be numbered consecutively, commencing
with number one on the first receipt issued for taxes on any one
warrant, and he shall not receipt for more than one year's taxes
on the same property in one tax receipt; but shall use a separate
and distinct series of numbers or receipts, issued for the taxes
on each warrant or tax roll giving the number of the warrant
if more than one in any year. The city clerk shall cause all tax
receipts to be printed and numbered and firmly bound together
in book form, and to be in duplicate and each duplicate to bear
the same number.

784 LAWS OP NEW YORK. [Chap.

§ 154. Bfotioe of unpaid taxes and demand of payment. — If any
Buch tax shall remain unpaid after the expiration of sixty days
from the first publication of the notice specified in section one
hundred and fifty-three of this title, the chamberlain shall forth-
with serve or cause to be served upon the persons against whom
such tax remains charged, a written notice, requiring him to pay
the same to the chamberlain within ten days from the service of
such notice. Such notice may be served upon any such person
personally, or by leaving at his residence in said city, or by
depositing in the post-office in said city, properly enclosed in a
postpaid wrapper, directed to him at his reputed place of resi-
dence. It shall not be. necessary to make any other demand or
payment of said tax.

§ 155. Collection of tax ly sale of personal property. — If any
person shall neglect or refuse to pay any tax charged against
him, within the ten days above provided, the chamberlain shall
forthwith issue his warrant under his hand and the seal of the
city and addressed to any constable or police officer of the city,
commanding such officer to levy upon any personal property in
the city or in the county of. Clinton, belonging to or in pos-
session of the person whose tax remains unpaid, and cause the
same to be sold at public auction for the payment of such tax,
and the fees and expenses of collection; and no claim or prop-
erty to be made thereto by any other person shall be available
to prevent such sale. The officer to whom such warrant shall
be delivered shall proceed as therein directed. Public notice
of the time and place of sale of the property to be sold shall
be given by posting the same in at least three public places in
the city at least six days previous thereto. The officer con-
ducting such sale shall return the proceeds thereof together
with this warrant to the chamberlain within fifteen days after
the same shall have been issued to him. He shall be entitled
to charge the same fee as constables are entitled to receive for
collecting money by virtue of execution. If the proceeds of
such sale shall be more than the amount of such tax, the fees
for collection and the expenses of sale, the surplus shall be paid
to the person against whom the tax is assessed, unless his right
thereto is disputed by some other person, in which case such
surplus shall remain in the hands of the chamberlain, without
liability on his part or on that of the city for costs, until the

269.] ONE HUNDREn AND TWENTY-FIFTH SESSION. 785

rights of the parties thereto shall be determined by due course
of law.

§ 156. Collection of tax by civil action. — ^The chamberlain is
hereby authorized and empowered to recover, by action in any
court of competent jurisdiction, and in the corporate name of
the city, the amount of every tax remaining unpaid after the
expiration of ninety days from the first publication of the notice
specified in section one hundred and fifty-three, with the addi-
tions and fees unpaid thereon, and to recover judgment there-
for with twelve per centum interest thereon and the cost and
expenses of such action. The city judge shall have exclusive
juirisdiction to try such action when the sum claimed does not
exceed five hundred dollars. A transcript of the judgment ob-
tained in such action may be filed, and such judgment docketed
in the oflBce of the clerk of Clinton county, and it shall, however
small the amount, thereupon become a judgment of the county
court of said county, and a lien to the amount of said judgment,
upon all real estate of the judgment debtor, situated in said
county, and shall have the same priority over any other lien
or encumbrance upon, or transfer of the property charged with
the tax, for which such action was brought as the lien sought
to be recovered in said action. Upon any judgment recovered
for said unpaid taxes and docketed in said county clerk's office,
execution may be issued and collected as provided by law and
all the provisions of law in reference to sale and redemption of
real estate on execution, or to proceedings supplementary to
executions, shall apply to sales, redemptions, or such proceed-
ings which may be had under this act.

§ 157. Proceedings in case of failure to collect tax on warrant.-^
On or before the fifteenth day of June next after any tax
or water rent shall have been imposed upon any real estate in
said county, the chamberlain shall make and deliver to the
assessors a transcript, of any and all such taxes and water
rents which remain unpaid, and it shall be the duty of the
assessors, on or before the fifteenth day of July thereafter, to
make and deliver to the chamberlain a statement containing a
brief general description of the location, boundary and esti-
mated quantity of each parcel of said lands, and in case any
such lands shall have been erroneously assessed then it shall

786 LAWS OF NEW YOEK. [Chap.

be the duty of such assessors to make and include in said state-
ment a correct assessment at the same valuation as before,
and such corrected assessment and the amount of taxes levied
upon said lands, shall be as valid and effectual for all purposes
as though they had originally been corrected.

§ .158. Sale of land for unpaid taxes. — ^Whenever any such tax,
penalty or interest, or any part of either of them, shall remain
unpaid on the first day of August, the chamberlain shall pro-
ceed to advertise and sell the lands upon which the same was
imposed, for the payment of such tax, expenses of survey and
advertising, penalty or interest, or the part remaining unpaid,
and the expense of such sale, as hereinafter prescribed, shall
also be a charge upon such lands.

§ 159. Notice for the sale of land for taxes. — ^The chamberlain
shall cause to be published a notice of such sale containing a
description of the lands to be sold and specifying the time and
place of sale, in the official newspapers of the city, once a week
for at least six successive weeks, immediately prior to day of
sale, and shall also post such notice of sale in at least three
public places in the city at least forty-two days before the day
of sale. On the day named the chamberlain shall commence
the sale of such lands, and shall continue such sale from day
to day until the whole thereof shall be sold. Before the sale
the owner of any parcel of land, or his representatives, or any
person interested therein, may avoid the sale thereof by paying
the tax or taxes to the chamberlain, with all accrued interest,
fees, additions and expenses.

§ 160. Manner of conducting sale of land for taxes. — Each par-
cel shall be sold at public auction to the highest bidder. The
purchasers on such sale shall pay the amounts of their respec-
tive bids to the chamberlain immediately after each parcel shall
be struck off. In case a purchaser shall fail to pay the amount
of his bid, as herein prescribed, the chamberlain shall forthwith
offer the parcel for sale again, and proceed as though it had not
been struck off. Should there be no bid of the amount due on
any lot or parcel of land to be sold, then the chamberlain shall
bid in the same for the city, and the city is hereby authorized
to acquire said parcels, and the common council shall have the
care and control of all such parcels and may lease or sell and
convey the same. As soon as practicable after the sale, the

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 787

chamberlain shall prepare and execute in duplicate, as to the
parcel sold, a certificate of such sale describing the parcel pur-
chased by a brief general description of the location, bound-
ary and estimated quality thereof, and stating the fact of
the sale, the name of the purchaser, the sum paid therefor, the
amount due thereon at the time of the sale, the name of the
person or persons against whom such tax was assessed, and the
name of the reputed owner thereof. One of said duplicates
shall be delivered to the purchaser, or, in case the parcel was
struck off to the city, then it shall be retained by the chamber-
lain. The chamberlain shall deliver the other duplicate certifi-
cate to the clerk of the county of Clinton, who shall file said
certificate in his ofiQce and record the same in a book to be kept
in the said clerk's office for that purpose, and shall index the
certificate in the name of the person to whom the parcel was
assessed, the name of the reputed owner thereof, and in the
name of the purchaser in the same book and manner as deeds
are required by law to be indexed. The county clerk shall be
entitled to receive a fee of fifty cents for each certificate so
filed and recorded, which fee shall be paid by the chamberlain
and shall be a part of the expenses of the sale of the parcel. If
from any cause the chamberlain shall be unable to attend at
the time and place of sale, the city clerk of said city may con-
duct the sale with the same force and effect as though made by
the chamberlain.

§ 161. Disposition of proceeds of sale, — ^The proceeds of the
sale of each parcel, other than those struck off to the city, shall
be applied to the payment of the expenses of the sale as herein
provided, and the extinguishment of the tax, penalty or interest
for which it was sold and if there shall be any residue, the
chamberlain shall hold the same until the owner of the premises
at the time of such sale, shall redeem them from the sale as
herein provided, and the chamberlain shall pay such owner the
said surplus. In all other cases the chamberlain shall hold the
same until after the period of redemption shall have expired
and then he shall pay such surplus, and the person or persons
entitled thereto shall be ascertained in the same manner and
by the same proceedings as in the case of surplus op statutory
foreclosure of a mortgage or real estate. In case any taxes
shall be assessed and levied upon real estate which has been

788 LAWS OF NEW YORK. [Chap.

sold for taxes, subsequent to such sale, and before the redemp-
tion thereof or conveyance thereof to the purchaser, and the
same shall be unpaid, the chamberlain may deduct the amount
thereof from any surplus in his hands of the sum bid for the
same, if there be any surplus; if there shall be no surplus, op
the same shall be insufficient to pay such taxes, the person
redeeming shall pay the same, otherwise, the purchaser shall
pay the same before he shall receive his conveyance of the
same.

§ 162. Eedemption of lands. — ^The owner of, or any person
interested in or having a lien upon any parcel or lot so sold,
may redeem the same from such sale at any time within two
years by paying to the chamberlain, for the use of the purchaser
or his assigns, or, if the same shall have been redeemed by any
person other than the owner thereof, then for the use of such
person, the sum mentioned in the certificate as having been bid
for the premises with interest thereon at the rate of ten per
centum per annum from the day of sale, together with any tax
or assessment upon said parcel or any part thereof that the
said purchaser or assigns, or persons before redeeming, shall
have paid between the day of sale and the day of redemption,
with interest at the rate of ten per centum upon such tax or
assessment from the time of payment. The time during which
such redemption may be made shall not commence to run
against infants or incompetent persons, until the termination
of their disability. In case of the redemption of any land sold
for taxes, as herein provided, by the person who was the owner
thereof at the time of the sale, the chamberlain shall give such
owner a receipt for the amount paid by him to effect such re-
demption, and on the production thereof by such owner to him,
the county clerk shall cancel the certificate of sale by a proper
entry at the foot of the record of such certificate in his office.

§ 163. Notice of redemption. — At least three months before
the expiration of the time for the final redemption of any
parcels or lots so sold, the chamberlain shall commence the
publication of a notice of redemption from such sales, which
shall show the year when the sale took place, and the last day
for the redemption of the lands not already redeemed by the
owners, without other or further description, and such notice
shall be published at least twice in each of said three months,

2C9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 789

in the official newspaper of the city. A copy of such notice shall
be served personally on the owner or occupant of the lands, or,
if unoccupied, posted on the premises, at least twenty days
before the expiration of such time for final redemption. The
publication and service of such notice shall bar and preclude
any and all persons except the purchaser on such sale, or his
assigns, or the person finally redeeming, from claiming any in-
terest in or lien upon such lands or any part thereof, in case
the said lands shall not be redeemed from such sale herein-
before provided.

§ 164. Conveyance of real estate sold for taxes. — If any parcel
or lot so sold shall not be redeemed as herein provided, the
chamberlain, immediately after the expiration of the said two
years shall execute and deliver to the purchaser, his heir or
assigns, or to the city or its assigns, or to the person finally
redeeming as the case may be, a conveyance of the real estate
so sold, which conveyance shall vest in the grantee an estate in
fee, subject only to the liens, if any, of unpaid taxes or assess-
ments thereon. The chamberlain executing such conveyance
shall be entitled to demand and receive from the grantee two
dollars for preparing every such conveyance, but all purchases
made for the city in any year shall be included in one convey-
ance, and no fee shall be charged therefor. Every such con-
veyance shall be executed by the chamberlain, and the execution
thereof shall be acknowledged before some officer authorized
to take and certify acknowledgments of instruments for record
in said county and such conveyance shall be conclusive evidence
that the sale and subsequent proceedings were regular and
presumptive evidence that all the previous proceedings were
regular and according to law. Any such conveyance may be
recorded in the manner and with like effect as any other con-
veyance of real estate. The said grantor or his assigns or the
city or its assigns, as the case may be, shall be entitled to have
and possess the granted lands from and after the execution of
such conveyance, and may cause the occupants of said lands to
be removed therefrom and the possession thereof delivered to
them, in the same manner and by the same proceedings and by
and before the same officers as in the case of a tenant holding
over after the expiration of his term without permission of his
landlord.

790 LAWS OF NEW YORK. [Chap.

§ 165. Settlement by chamberlain for taxes collected. — It shall
be the duty of the chamberlain to pay over to the treafiurer of
Clinton county at the end of each month during the period that
the tax roll and warrant is in his hands, all moneys received by
him for county and state taxes. He shall take duplicate re-
ceipts for each payment, one of which shall be immediately filed
with the city clerk. All other moneys received by him for taxes
shall be daily deposited in such banks as are made depositories
of the city, by resolution of the common council. Except as
otherwise provided by this act, the chamberlain shall settle with
the county treasurer for state and county taxes in the manner
required by law of town collectors, and with the common council
for city taxes and assessments in the same manner. Upon the
final settlement with the county treasurer, the chamberlain may
pay from the general fund of the city the amount of the uncol-
lected state and county taxes in his hands for collection, and
thereupon such taxes shall belong to the city of Plattsburgh.
At the time of the delivering to him of the duplicate city roll and
tax warrants, the chamberlain shall receipt for the same, and
shall then be charged with the whole amount which he is hereby
authorized to collect. He shall not be authorized to credit him-
self with any amount as unpaid on any warrant until he shall
make and file with the city clerk an affidavit stating the amount
unpaid and setting forth the reason in each case why such tax
or assessment is or has not been collected. The common council
may thereupon order and authorize said chamberlain to credit
himself with the whole or any part of said tax or assessment un-
paid, and the chamberlain shall be credited only with such
amount as the common council shall so order. Upon settling
with the common council the chamberlain must show that he
has duly settled with the county treasurer for state and county
funds. The city clerk shall, on the delivery of the blank tax
receipts to the chamberlain, charge the chamberlain with the
number of receipts delivered, and the chamberlain shall immedi-
ately examine the numbering of the receipts and report to the
city clerk any irregularity found therein. The chamberlain shall
receipt to the city clerk therefor, and shall be held strictlv ac-
countable for all receipts found missing at regular settlements*
also for all detached receipts, including receipts the duplicates
of which do not show the entry of taxes. All irregularities in

269.] ONE HUNDRED AND TWENTY FIFTH SESSION. 791

the issuance of receipts that render them worthless must be
shown on the face of the original which mast in no case be de-
tached from the duplicate. At the time of the settlement the
chamberlain shall deliver to the city clerk all duplicates of re-
ceipts issued by him, and other receipts delivered and charged by
the city clerk to him.

§ 166. Power of conmLon coimcil as to void and erroneoiu as-
sessments.— The common council of the city may, in its dis-
cretion, release, discharge, remit or commute any portion of the
taxes assessed or levied against any person or property for any
error, irregularity or omission in the levying of said taxes, or in
any of the proceedings relating to the same. In case any assess-
ment shall remain unpaid on account of any irregularity, omission
or error in any assessment authorized by this act, or the lawB
in force when such tax was levied, or in case of error in the
description of lands or in the description of the owner or oc-
cupants, the common council may, in their discretion, or upon
the application of any person interested, proceed to correct such
irregularity, omission or error, or cancel, remit or commute such
tax, or cause the amount so unpaid to be reassessed on the prop-
erty, the assessment against which remains unpaid, or upon the
owner or occupant thereof; and the common council are hereby
authorized and empowered to make such reassessment upon
giving ten days* personal notice thereof to the owner, agent or
occupant of the property against which the amount remains so
unpaid. They may direct the city chamberlain to correct any
irregularity, omission or error, and such reassessment or correc-
tion shall have the same effect as if said assessment had been
properly made. But the common council shall not alter any
valuation made by the assessors. Any omission to comply with
the provisions of this act in making an assessment or levying a
tax, or creating a lien, shall not render such assessment or the
tax levied thereunder or the assessment made or lien created
thereby, void, but shall be treated as an irregularity merely and
it shall be the duty of any and all courts in case it shall appear
that such irregularity exists to direct the same to be corrected
or amended or the omission supplied, if possible. In case any
tax or assessment made, assessed or levied under this act or
which has heretofore been made, assessed or levied, or attempted
to be made, assessed or levied, upon property situate within the

792 LAWS OF NEW YORK. [Chap.

limits of the present village of Plattsburgh, either by the assess-
ors thereof or by the common council or by the village of Platts-
burgh or the board of trustees thereof, or by the town of Platts-
burgh or assessors thereof or by the board of supervisors of the
county of Clinton, or the board of education of free school dis-
trict number one of the town of Plattsburgh, shall be or be de-
clared void, or have failed for want of jurisdiction or for any
irregularity, mistake or inadvertence in levying or assessing
the same, the common council shall have power, and it shall be
their duty to cause the same to be reassessed in a proper manner.
Any sum paid thereon shall be credited upon the tax so reas-
sessed, and, if the sum paid shall exceed the amount so reas-
sessed, the excess shall be refunded to the person entitled
thereto.

§ 167. Colleotion of local assessments. — Whenever an assess-
ment shall be ordered for local improvements, the assessment
shall be made to resemble in form as nearly as practicable the
tax list, and be provided with a. column in which payments can
be entered by the chamberlain. All provisions relating to the
collection of taxes in this act, shall be applicable to the collection
of assessments mentioned in this act, and the amount of all as-
sessments for local improvements in default at the time of the
annual tax levy shall be added to the amount assessed against
the same land for general city taxes and shall be collected and
enforced in the same manner as in the same provided.

§ 168. Estimates; assessment-roll and tax levy for the year
nineteen hundred and two. — The several boards and oflBc(U's men-
tioned in this act, shall within ten days after they enter upon
their duties, make the several reports and estimates for the
year ending December thirty-first, nineteen hundred and two as
near as may be, in the manner and as provided in section forty.
The common council shall revise such estimates and include
therein the lawful indebtedness of the village of Plattsburgh,
and shall immediately levy without publication of estimates the
aggregate amount so ascertained and determined, together with
the amount of all interest and any installment of principal fall-
ing due upon the bonds or other permanent debt of the city prior
to January first, nineteen hundred and three and inclusive of
that date upon the taxable property, real and personal, in the
city, according to the valuation upon the real and personal prop-

i2G9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 793

erty within the limits of said city of Plattsburgh, as appears
upon the last assessment-roll of the town of Plattsburgh, cor-
rected as herein provided. The assessors shall immediately
upon entering upon their duties, and within ten days after their
appointment, prepare from the town assessment-roll of nineteen
hundred and one, with such changes of ownership and valua-
tion as they shall deem necessary and just, an assessment-roll
for the city of Plattsburgh, which shall be the assessment-roll
of said city for the year nineteen hundred and two. The said
assessors shall give five days' notice by publication in the oflficial
papers of the city that said roll is completed and filed, and that
all persons interested may examine the same at the city clerk's
office, and that immediately after said five' days, at a place speci-
fied in said notice, the board of assessors will sit and review the
same. Said assessors shall meet at the time and place specified
in said notice and review the assessment in the same manner as
provided in title fourteen of this act, and shall within two days
thereafter file a corrected assessment roll, together with their
minutes, in the office of the city clerk. The said clerk shall
immediately proceed to prepare the assessment roll and shall
upon the written direction of the assessors correct any clerical
errors appearing therein. Upon the receiving of the tax rolls
by the common council for the year nineteen hundred and two,
said clerk shall immediately, under the direction of the common
council, extend and apportion said tax and assessment, and
forthwith file the same in his office. Such roll shall as soon
thereafter as practicable, be delivered to the chamberlain of the
city with warrant annexed thereto under the seal of the city
commanding him to receive and levy the tax in the manner and
as provided in section one hundred and fifty-three of this act.
The provisions of this act applying to the annual tax levy of the
city and to the collecting and enforcing of the same, shall a])ply
to the special tax levy of the year nineteen hundred and two pro-
vided for in this section except as herein modified.

MlSCELLANEX>US.

Section 169. Adjustment of property and liabilities of town of

Plattsburgh.
170. Continuation of village officers.

794 LAWS OF NEW YOKK. [Chap.

Section 171. First official and fiscal year of the city.

172. First election of the elective city officers.

173. First appointment of appointive city officers.

174. Limitation of city indebtedness.

175. Unpaid taxes.

176. Village funds to be paid to chamberlain.

177. All moneys to be paid to chamberlain.

J 78. The city chamberlain to borrow money for current
expenses.

179. Reading of charter, ordinances, records, in evi-

dence.

180. Village assessments, liens.

181. Town board to fill vacancies, jurisdiction to cease.

182. Inspectors of election.

183. Repealing act.

184. Time when this act shall take effect.

Section 169. Adjustment of property and liabilities of town of
Plattsburgh. — ^The city of Plattsburgh shall be liable for its pro-
portion of the debts, demands and claims existing at the time
of the passage of this act against the town of Plattsburgh, to be
ascertained and adjusted as provided in this act. The present
supervisor and commissioner of highways of the town of Platts-
burgh and the president of the village of Plattsburgh shall con-
stitute a board of auditors and shall within twenty days after
the passage of this act, meet, ascertain and audit all debts,
claims and demands against said town, including outstanding
bonds, if any, and adjust the amount or proportion thereof to be
paid by the city of Plattsburgh and by the town of Plattsburgh
respectively, according to the respective valuations of said city
and town on the last assessment roll. The said board shall make
a statement, in duplicate, showing the amount of such indebted-
ness and the items thereof, and the proportionate amount
thereof and of each item to be paid by said city and said town
respectively, and file one copy thereof with the county clerk of
Clinton county for the town of Plattsburgh, the other with the
city clerk of the city of Plattsburgh; and the debt of said city
and said town, so adjusted, shall be paid in the proportion so
adjusted the same as the other debts existing against said city
and said town respectively. All unexpended moneys belonging

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 795

to the town of Plattsburgh and remaining in the hands of the
supervisor of said town, shall thereupon be apportioned by said
board of audit between the city of Plattsburgh and said town of
Plattsburgh, in the manner and on the basis as herein provided.
All unexpended moneys belonging to the town of Plattsburgh
under the control of the board of alms or remaining
in the hands of any official of said town, shall thereupon
be apportioned by said board of audit between the city of
Plattsburgh and said town of Plattsburgh, in the man-
ner and on the basis as hereinbefore provided. The amount
apportioned to the city of Plattsburgh shall be paid by said offi-
cials to the acting chamberlain of said city, to the credit of the
general fund; and the amount apportioned to the town shall be
paid to the supervisor of said town, and receipts taken therefor,
and thereupon said officers shall be relieved from all further
responsibility therefor. The said board of audit shall also
apportion in the same manner all securities, evidences of debt,
property and effects, as the same may be valued by it, between
said city and said town, in the manner and on the basis
as hereinbefore provided. The title to the real property situ-
ated within the boundaries of said city to vest in said city, and
the real property within the limits of said town to vest in said
town, and the value thereof to be adjusted as hereinbefore pro-
vided, and the balance on adjustment and appraisal of realty
shall be debited against the town and city as the case may be
and shall be paid as any other debt. Within twenty days after
the passage of this act the county treasurer of the county of
Clinton shall open new accounts with the city of Plattsburgh
and the town of Plattsburgh respectively, and shall in like man-
ner as herein above stated apportion the amount due the city
of Plattsburgh and the town of Plattsburgh respectively on the
proportions found by said board of audit. The county treasurer
shall certify to the acting chamberlain of the city of Plattsburgh
the amount in the county treasury to the credit of the city of
Plattsburgh.

§ 170. Continuation of village officers.— Until the completion
of the canvass and declaration of the result of the votes cast
at the first election, provided for in this title, the officials to be
superseded by the officers elected and appointed for the city
of Plattsburgh shall continue in office and exercise their func-

796 LAWS OF NEW YORK. [Chap.

tions as officers of the village of Plattsburgh and of the town
of Plattsburgh as though this act had not been passed, and
for the purpose of giving to them full jurisdiction and author-
ity in the premises the said village of Plattsburgh and said
town of Plattsburgh shall be deemed to continue as munici-
palities as theretofore, and this provision shall be deemed a
necessary provision for lawful and uninterrupted government
until the organization of the city of Plattsburgh is perfected,
and for the purpose of providing moneys to pay the municipal
expenses of the village of Plattsburgh until such city organi-
zation is perfected as aforesaid, the board of trustees of said
village may by resolution authorize the treasurer of said vil-
lage to borrow a sum not exceeding five thousand dollars to be
included in the first tax roll of said city. The official papers
of the village of Plattsburgh shall be the official papers of the
city of Plattsburgh until others are designated as provided in
this act.

§ 171. First official and fiscal year of the city.— The first offi-
cial year of the city of Plattpburgh shall commence upon the
date of the taking effect of tkis act, and shall end with the
thirty-first day of December, nineteen hundred and two; for the
purpose of computing the compensation to which the said city
officers shall be entitled during the said first official year, the
time of actual service shall be the basis.

§ 172. First election of the elective city officers. — A special
city election for the first election of all the elective city officers
of the city shall be held as herein provided, all of which officers
shall be elected for and serve to and including the thirty-first
day of December, nineteen hundred and three, but the term of
the chamberlain shall not commence until the expiration of the
term of appointment of the present receiver of taxes, unless by
resignation or from other cause his office as receiver of taxes
shall become vacant within thirty days after the date
of the aforesaid election he shall take the oath of
office and furnish a bond as is required of the cham-
berlain by this act, and in that case he shall discharge all
the duties and be vested with all the powers of chamberlain of
the city of Plattsburgh, and shall be known as the chamber-
lain, and shall receive the salary provided for that officer herein.
The term of the city judge shall not commence until the expi-

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 797

ration of the term of the present recorder of the village of
Plattsburgh, unless a vacancy shall occur by resignation or
otherwise, but within ten days after the date of said election
if he shall file his oath of office and otherwise qualify as pro-
vided in this act for the city judge, he shall be deemed the city
judge thereafter, until his said term expires and shall be vested
with all the authority and subject to all the duties by this act
conferred or imposed upon the city judge, and shall be known
as and entitled to the salary of city judge. Upon the third
Tuesday after the passage of this act, at eight o^clock in the
evening, the board of trustees of said village shall meet and
shall designate places in each of said wards for voting at such
election, and shall appoint four inspectors of election, two
poll clerks and two ballot clerks for each ward. Two of
such inspectors, and one of such poll clerks and ballot
clerks shall be appointed from each of the two political
parties polling the greatest and next greatest number of
votes in such village at the last preceding general election.
Such appointments shall be made by such board of trus-
tees upon the recommendation of the village committees
created in nineteen hundred and two, representing such parties.
In case of a tie vote in the board of trustees on any appointment,
the president of the board may vote, and a notice of such special
election shall be given by the clerk of said board, and the elec-
tion shall be held on the first Tuesday in May, nineteen hundred
and two. The provisions of the general law relating to special
village elections shall in every respect apply to such special elec-
tions, except the designation of places for voting; and the ap-
pointment of the inspectors of election, poll clerks and ballot
clerks for such special election need not be made more than eight
days before such special election and except as herein speci-
fied; the provision of the general election law requiring the
registration of voters, the filing of certificates of nomination
and publication thereof, shall not apply to the special election
herein provided for. The several wards of the city shall be
the election districts respectively for the first election. Forth-
with, upon the appointment of the inspectors of election, poll
clerks and ballot clerks for such special election, and the desig-
nation of the places for voting thereof, the village clerk shall
notifv eajch inanector of election, poll «lerk and ballot clerk of

798 LAWS OF NEW YORK. [Chap.

his appointment to the election district in and for which he is
appointed, and the places for voting therein; and the date of
the election, and of the times of opening and closing the polls
thereat, which shall be the same as the times for opening and
closing the polls of an annual election in said city in pursuance
of this act; and said village clerk shall forthwith cause to be
published in each of the oflQcial newspapers of the city, at least
twice in the week immediately preceding such election, stating
in substance the date of such special election, the time of open-
ing and closing the polls thereat, a description of each ward
which shall be the election district for such election. The votes
cast at such election shall be canvassed and the results thereof
declared on the next day following said election in the same
manner as is provided by the charter of the village of Platts-
burgh when trustees are elected. The officers so elected at
said special election shall respectively and immediately succeed
to their offices, and the first meeting of the common council
shall be called by the mayor within three days after the can-
vass and declaration of the votes cast at such election.

§ 173. First appointment of appointive city officers. — As soon
as practicable and within ten days after the completion of the
canvass and the declaration of the votes cast at such special
election, the city officers, (except the chamberlain and city
judge) hereinbefore mentioned, and in the manner mentioned
shall be appointed. There shall also be appointed by the
mayor, subject to the confirmation of the common council as
hereinbefore provided, in the month of August in each year, a
member of the board of education in place of the elective mem-
ber of such board whose term of office expires at the time fixed
for the annual school meeting in each year. Each of the boards
shall, within ten days after they are constituted appoint the
officers which this act empowers them to appoint. After such
special election the general elections of the city of Plattsburgh
shall be held on the fourth Tuesday of November, nineteen
hundred and three, and on the fourth Tuesday of November of
each second y^ar thereafter.

§ 174. Limitations of city indebtedness. — ^The city of Platts-
burgh shall not incur any indebtedness if thereby its total con-
tract indebtedness including the bonded debt and exclusive of
liabilities for which taxes have already been levied, shall exceed

269.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 709

ten per centum of the assessed valuation of the real property
of said city, subject to taxation, as it appeared on the last pre-
vious city assessment roll.

§ 175. Unpaid taxes. — ^The city of Plattsburgh shall be entitled
to all unpaid taxes of the village of Plattsburgh and of free
union school district number one of the town of Plattsburgh,
and of all unpaid taxes, real and personal, located within the
boundaries of the city of Plattsburgh, as appears upon any
assessment roll of the town of Plattsburgh, and the same shall
be collected and enforced by the same proceedings and process
by which the city taxes may be collected and enforced.

§ 176. Village and school funds to be paid to chamberlain. —
The assessment rolls of the village of Plattsburgh and the
assessment rolls of free union school district number one of the
town of Plattsburgh and all the funds of the village of Platts-
burgh in the hands of the receiver of taxes and the treasurer
of said village at the time this act takes effect shall, except as
herein otherwise provided, be delivered by the receiver of taxes
and the treasurer of said village to the acting chamberlain of
said city as soon as he shall have qualified, and the common
council shall as soon as practicable, audit and order paid there-
from the various claims properly chargeable to said funds. All
funds belonging to free union school district number one of the
town of Plattsburgh, or the board of education thereof, in whom-
soever hands the same may be, shall be paid over to the city
chamberlain without delay and be credited by him to the school
fund. The city chamberlain shall pay over to the county treas-
urer of the county of Clinton all amounts collected upon the
town assessment rolls of the town of Plattsburgh.

§ 177. All moneys to be paid to chamberlain. — All ofiQcers or
other persons who shall receive any money for or belonging to
the city, by or under the provisions of this act, or otherwise,
shall within ten days after its receipt, except as otherwise pro-
vided by this act, pay the same over to the chamberlain of the
city and take his receipt therefor. The city chamberlain shall
have power to enforce payment of the same by suit in the name
of the city.

§ 178. The city chamberlain to borrow money for current ex-
penses.— ^The city chamberlain shall, with the approval of the
common council expressed by resolution, have the power to bor-

800 LAWS OF NEW YORK. [Cnw.

row money on the credit of the city for the payment of current
city expenses, in anticipation of taxes, and after the same have
been levied, but not in excess of the amount levied.

§ 179. Beading of charter, ordinances, in evidence. — The char-
ter of the city of Plattsburgh may be read in evidence from the
volume of the session laws of the state of New York, containin^]^
said charter, from the volume printed by the authority of the
common council, or from a certified copy made by the city clerk,
or from the volume of ordinances and by-laws provided by
authority of the common council; and all records and all
accounts of the city which the city officers are required by law
to keep, shall be presumptive evidence of the truth of their con-
tents in any court.

§ 180. Village assessments; liens. — All taxes heretofore levied
and all assessments made and liens declared by the village of
Plattsburgh, or the board of trustees thereof, or by the board of
supervisors of the county, upon property in said village shall be,
remain and continue existing liens against said property and
enforceable by the city of Plattsburgh in the manner herein-
before provided, and all assessments, heretofore made and liens
created or assumed to be created by the village of Plattsburgh
or board of trustees thereof against property in said village,
and all water rents due the village or the water commissioners
thereof, are hereby legalized, ratified and confirmed, approved
and declared lawful and are made valid liens in favor of said
city of Plattsburgh, and enforceable by said city in the manner
hereinbefore provided. But the provisions of this act shall not
in any manner affect any action hereinbefore commenced and
now pending against the said village of Plattsburgh. The com-
mon council of said city shall have the authority and is hereby
empowered to accept the surrender of any franchise or any
right or rights, given under any franchise heretofore granted by
the board of trustees of the village of Plattsburgh, without any
impairment of any of the remaining rights granted under said
franchise and on such terms as the common council may deem
just. All bonds heretofore issued by the village of Plattsburgh,
all bonds heretofore issued by the board of water commissioners
of the village of Plattsburgh, all bonds heretofore issued by the k

board of education of free union school district number one of '

the town of Plattsburgh, and all bonds issued by the special

2G9.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 801

commission provided for bj chapter three hundred and fifty-
three of the laws of nineteen hundred and one, are hereby rati-
fied, confirmed and legalized.

§ 181. Town board to fill vacancies; jurisdiction to cease. — On
the third Tuesday after the passage of this act, at two o'clock
in the afternoon, the present town board of the town of Platts-
burgh shall meet at the oflBce of the town clerk of said town
or at the county court house in said town and shall hold contin-
uous session without adjournment, and thereat appoint to hold
office until the next town meeting appointed to be held in the
towns of Clinton county and until their successors are elected and
shall have qualified, one overseer of the poor and one collector
of taxes, who shall be resident electors of the town of Platts-
burgh, and not residents of the city of Plattsburgh, and they
shall thereafter qualify as provided by law for town officers,
and discharge the duties imposed upon said officers as by law
provided. In case the town board shall fail to make such ap-
pointments on or before the third Wednesday after the
passage of this act then the supervisor of said town
shall make such appointments. Thereafter the said town
board shall meet (except as provided by section one hundred
and sixty of the town law) only on the call and written
notice to each member of said board, signed by the super-
visor of said town, and no member of said town board
shall be entitled to pay for more than one day for any meeting
so called, or for any meeting provided for by this section,
whether such meeting be continued by adjournment or other-
wise into any other day or days, and such per diem charge for
one day shall be full compensation for all services of the town
clerk in writing up the minutes of such meeting, and all other
services connected therewith. Except as herein provided the
duties and powers of the town board shall continue in the
present town board until the time appointed for the next town
meetings in the towns of said county, and the canvass and decla-
ration of votes thereat, but in case of a vacancy by expiration of
term or otherwise, in the office of any town officers, the same
shall be filled if by appointment, by some person appointed
thereto, being a resident elector in the town of Plattsburgh
and not in the city of Plattsburgh, and the term of such

802 LAWS OF NEW YORK. [Crap

appointee shall continue until the said town meeting and then-
after until his successor shall have qualified. All town ofticers
in the town of Plattsburgh holding office when his act shall
go into effect (except as herein provided as to collectors of
taxes and overseer of the poor) shall continue in office
until the said next town meeting and the canvass and declara-
tion of voters thereat. When the terms of all such officers who
shall be then residents of the city of Plattsburgh shall cease
and terminate, and all such town officers shall discharge all
the duties and exercise all their functions the same as though
this act creating the city of Plattsburgh had not been passed,
but the territory subject to their jurisdiction shall not include
the territory in this act declared to be the city of Plattsburgh,
except so far as to enable said officers to hold the said town
offices, and discharge all the duties imposed bylaw thereon within
the limits of said city of Plattsburgh, and for such purpose the
town clerk and all other officers residing in the city of Platts-
burgh may continue to keep their office in said city until after
the said town meeting. Chattel mortgages required by law to
be filed with the town clerk shall be filed in the office of the
county clerk as heretofore, until a town clerk shall be elected
and shall have qualified, residing within the limits of said town
of Plattsburgh, and not in the city of Plattsburgh. The justices
of the peace now residing in said city of Plattsburgh shall con-
tinue to have jurisdiction in civil cases throughout said town of
Plattsburgh, including the city of Plattsburgh. Such jurisdic-
tion shall continue as though this act had not been passed, until
the canvass and declaration of votes at said next town meeting
when the term of office of all justices of the peace residing then
in the city of Plattsburgh shall cease and terminate and such
office shall be deemed vacant and may be filled by the town
board of the town of Plattsburgh as provided by law.
If not previously filled by election. In case the term
of office of any justice of the peace shall before said town
meeting expires or any vacancy for any cause shall be
created in such office, no successor shall be appointed residing
in said city of Plattsburgh. For the purposes aforesaid and
for the lawful continuation of uninterrupted government in the
town of Plattsburgh until the said town shall as herein con-
templated, elect at said town meeting officers residing in said

209.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 803

town. The territory constituting the city of Plattsburgh shall
be deemed to be a part of the town of Plattsburgh. The town
board of said town shall have power and it shall be its duty
to appoint inspectors of election for said town meeting, and for
any election to be held in said town before said town meeting.
Such inspectors shall be politically qualified as the law requires,
but any elected inspector of elections, if any there may be, who
reside when this act takes effect, in said town, shall be deemed
an inspector of elections, entitled to serve as such, at elections
in said town until after said town meeting. The town board of
said town shall provide a place or places in said town outside
the limits of the city of Plattsburgh for the holding of elections,
and may divide said territory into election districts, and shall
have power to do everything necessary to be done under the
election law, or under any law, to the end that until after said
town meeting, elections shall be conveniently and legally held.

§ 182. Inspectors of election. — ^The mayor of the city of Platts-
burgh shall have power and it shall be his duty to appoint
all inspectors of election held in the city of Plattsburgh. Such
inspectors shall be qualified as the law provides, and shall in
each ward be equally divided between the two political parties
casting the largest vote at the next previous general election for
state and county oflScers. If the political committee for the city
of either of said political parties shall on or before four weeks
prior to any election submit the names of persons to act in any
ward or election district for that party, and such persons shall
be otherwise than politically qualified, the mayor shall appoint
such person or persons to act as inspectors at such election.

§ 183. Eepealing act except as in this act it is otherwise
provided. — Chapter two hundred and forty-eight of the laws
of eighteen hundred and sixty-eight; chapter six hundred
and thirty-six of the laws of eighteen hundred and
seventy-three; chapter two hundred and fifty of the laws of
eighteen hundred and seventy-eight; chapter four hundred and
thirty-five of the laws of eighteen hundred and seventy-nine;
chapter three hundred and twenty-two of the laws of eighteen
hundred and ninety; chapter eighty-six of the laws of eighteen
hundred and ninety-three, and all acts amendatory of any of
said acts are hereby repealed. Chapter eight hundred and ten

804 LAWS OF NEW YORK. [Chap.

of the laws of eighteen hundred and sixty-seven except section
three thereof is hereby repealed, otherwise to remain in full
force and effect.

§ 184. Time when this act ghall take effect— This act shall take
effect immediately.

AN ACT to amend the civil service law, in relation to veterans.

Became a law, March 29, 1902, with the approval of the Oovemor. Passed,

a majority being present

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

PJUlLw"^" Section 1. Sections eight, twenty and twenty-one of chapter
three hundred and seventy of the laws of eighteen hundred and
ninety-nine, entitled "An act in relation to the civil service of
the state of New York and the cities and civil divisions thereof,''
are hereby amended to read as follows :

§ 8. Unclassified service; classified service. — ^The civil service
of the state and of each of its civil divisions and cities shall
be divided into the unclassified service and the classified service.
The unclassified service shall comprise all elective offices, all
offices filled by election or appointment by the legislature on
Joint ballot; all persons appointed by name in any statute; all
legislative officers and employees, all offices filled by appoint-
ment by the governor, either upon or without confirmation by
the senate, except officers and employees in the executive offices;
all election officers, the head or heads of any department of the
government, and persons employed in or who seek to enter the
public service as superintendents, principals or teachers in a
public school or academy or in a state normal school or college.
The classified service shall comprise all positions not included in
the unclassified service. All appointments or employments in
the classified service, except those of veterans of the civil war,
honorably discharged from the military or naval service of the
United States, shall be for a probationary term not exceeding
the time fixed in the rules.

§ 20. Preferences allowed honorably discharged soldiers, sailon
and marines. — In every public department and upon all pub-

270.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 805

lie works of the state of New York and of the cities, counties,
towns and villages thereof, honorably discharged soldiers, sail-
ors and marines from the army and navy of the United
States in the late civil war who are citizens and resi-
dents of this state, shall be entitled to preference in appoint-
ment and promotion without regard to their standing on any
list from which such appointment or promotion may be made
to all competitive and non-competitive positions provided their
qualifications and fitness shall have been ascertained as pro-
vided in this act and the rules and regulations in pursuance
thereof; and the persons thus preferred shall not be disqualified
from holding any position in the civil service on account of his
age or by reason of any physical disability provided such age or
disability does not render him incompetent to perform the du-
ties of the position applied for. Whenever any list of eligible
persons, prepared under authority of this act, shall contain the
names of honorably discharged soldiers, sailors and marines en-
titled to preference as aforesaid any reference in this act or in
the rules and regulations in pursuance thereof to the persons
standing highest on such list shall be deemed to indicate those
standing highest of those entitled to preference by the provi-
sions of this section and such person shall be given preference
on any list of registered applicants for employment in the labor
service, in accordance with the dates of their several applica-
tions as though such applications had been filed prior to those
of any persons on such lists not entitled to the preference pro-
vided by this section. A refusal to allow the preference pro-
vided for in this and the next succeeding section to any honor-
ably discharged soldier, sailor or marine or a reduction of his
eomx>ensation (intended to bring about his resignation) shall be
deemed a misdemeanor, and such honorably discharged soldier,
sailor or marine shall have a right of action therefor in any
court of competent jurisdiction for damages, and also a remedy
by mandamus for righting the wrong.

§ 21. Power of removal limited. — Every person whose rights
may be in any way prejudiced contrary to any of the provisions
of this section shall be entitled to a writ of mandamus to
remedy the wrong. No person holding a position by appoint-
ment or employment in the state of New York or in the several
cities, counties, towns or villages thereof, who is an honorably

806 LAWS OF NEW YORK. [Chap.

discharged soldier, sailor or marine, having served as such in
the Union army or navy during the war of the rebellion and who
is an honorably discharged soldier, sailor or marine, having
served as such in the volunteer army or navy of the United
States during the Spanish war, or who shall have
served the term required by law in the volunteer lire
department of any city, town or village in the state,
or who shall have been a member thereof at the time of
disbandment of such volunteer fire department, shall be re-
moved from such position or employment except for incompe-
tency or misconduct shown after a hearing upon due notice, upon
stated charges and with the right to such employee or appointee
to a review by a writ of certiorari. If the position so held by any
such honorably discharged soldier, sailor or marine, or volunteer
fireman shall become unnecessary or be abolished for reason of
economy or otherwise, the said honorably discharged soldier,
sailor or marine, or volunteer fireman holding the same shall
not be discharged from the public service, but shall be trans-
ferred to any branch of the said service for duty in such position
as he may. be fitted to fill receiving the same compensation there-
for, and it is hereby made the duty of all persons
clothed with power of appointment to make such trans-
fer effective. The burden of proving incompetency or mis-
conduct shall be upon tlie person alleging the same. Nothing
in this section shall be construed to apply to the position of pri-
vate secretary, cashier or deputy of any official or department.
§ 2. This act shall take effect immediately.

271.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 80

AN ACT to amend section fifty-three of chapter five hundred
and sixty-five of the laws of eighteen hundred and ninety-five
as amended by chapter one hundred and ninety-nine, laws of
eighteen hundred and ninety-eight, and by chapter two hun-
dred and eighty-nine, laws of eighteen hundred and ninety-
nine, relative to the annual city tax levy in the city of Little

Falls.

Passed without the acceptance of the city.

Became a law, March 20, 1902, with the approyal of the Goyemor. Passedt

three-fifths being present

The People of the State of New Torky represented in Senate a/nd
Aasemhlyy do enact as follows:

Section 1. Section fifty-three, of chapter five hundred and charter

amended.

sixty-five of the laws of eighteen hundred and ninety-five, as
amended by chapter one hundred and ninety-nine laws of eight-
een hundred and ninety-eight, and by chapter two hundred and
eighty-nine, laws of eighteen hundred and ninety-nine, is hereby
amended so as to read as follows:

§ 53. Haximnm amount of annual city tax levy. — ^The com-
mon council of the city may raise by tax upon the real and per-
sonal property assessable in the city:

a. For the year nineteen hundred and two, for the fire and
police fund, a sum not exceeding thirteen thousand dollars,
and for the same purposes, for the year nineteen hundred and
three, a sum not exceeding twelve thousand dollars, and for
every succeeding year, for the same purposes a sum not exceed-
ing ten thousand dollars.

b. For the poor fund, a sum not exceeding eight thousand
dollars.

c. For the park and cemetery fund, a sum not exceeding fif-
teen hundred dollars,

d. For the fire hydrant fund, a sum not exceeding sixty-five
hundred dollars.

e. For the street fund, a sum not exceeding twelve thousand
dollars.

f. For the paving fund, a simi not exceeding fifteen thousand
dollars.

808 LAWS OP NEW YORK. [Chap.

g. For the lighting fuud, a sum not exceeding ten thousand
dollars.

h. For the contingent fund, a sum which, added to the
amount placed in and credited to said fund from the excise
and liquor tax law moneys during the last preceding year, shall
not exceed twelve thousand dollars.

i. An amount sufficient to pay the city's share and portion
of all assessment bonds and interest thereon falling due during
the current fiscal year.

The aggregate for the annual tax levy for all purposes in
this section above specified, shall not exceed the sum of fifty-
three thousand dollars. In addition to the amounts which
shall be included in the annual tax levy for the foregoing pur-
poses, there shall also be included therein for the purposes and
uses of the board of education, such sum or sums as the board
of education shall declare necessary in pursuance of general
laws; and also such amount as shall be necessary to meet the
principal and interest on the bonded and other indebtedness
of the city falling due during the fiscal year, for which the tax
is levied, and to meet all indebtedness remaining unpaid on
all judgments against the city; and such further sums as shall
have been voted at an annual city election, or at a special city
election called for the purpose, and also such other sums as
the common council is authorized to expend for the purchase
and improvement of real estate, by section eighty of this act.

§ 2. This act shall take effect immediately.

Ch Alter
amended.

AN ACT to amend the charter of the city of Watervliet relative
to the board of electric light commissioners.

Accepted by the city.

Became a law, March 20, 1902, with the approval of the Governor. Passed,

three-fifths being preeent

The People of the State of New Torkf repreeented in Senate and
Aeeemhly, do enact as follouDs:

Section 1. Subdivision four of section four of title four of
chapter nine hundred and five of the laws of eighteen hundred

272.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 809

and ninety-Bix, entitled "An act to incorporate the city of
Watervliet" is hereby amended to read as follows:
4. For defraying the expenses of maintaining and keeping in ^SSTT*^

, _ maintain*

repair the entire electric light plant of said city and all neces- };|j» j»~2f
sary fixtures connected therewith, and for paying the wages of
the employees of the electric light commissioners, and all other
expenses incident to the operation of said plant, and to fulfill
the terms of any contract or contracts entered into by the
board of electric light commissioners, pursuant to law, to be
designated the electric light fund, a sum not exceeding twelve
thousand dollars.

§ 2. Title eight of said act is hereby amended by adding
thereto six new sections, to be numbered respectively, eight,
nine, ten, eleven, twelve and thirteen, to read as follows:

§ 8. It shall be the duty of the board of electric light com- ughf^
missioners to examine and ascertain whether it would be prac- dnuMoc
ticable for and advantageous to the city to furnish light and
electrical current for power and other purposes to individuals
and corporations, from the municipal electric light plant, and if
from such examination, the board determines that the city
could profitably so furnish light and current from the present
plant, or from the present plant perfected and enlarged, and, if
necessary, to perfect and enlarge the same, the board shall then
adopt a plan, and cause a careful estimate to be made of the
sum required to perfect and enlarge the plant. A determina-
tion shall be made, a plan adopted, and the estimate completed
within three months from the passage of this act, and the board
shall have power to employ engineers, electricians and such
other persons as shall be necessary for that purpose.

§ 9. The expense of the work and services hereinbefore di- Sf^TSSlS*
rected, shall be a charge against the city of Watervliet, to be ff^."*'""*
paid by the chamberlain, from the electric light fund, upon the
warrant of the board of electric light commissioners. Upon
the completion of the estimate provided for, the electric light
commissioners shall, in writing notify the common council of
the city of such fact, accompanying the same with a full state-
ment of the proposed plan to enlarge the municipal electric
light plant, and the estimated cost of the same. The common
council, shall, within ten days thereafter, issue and call for a
special election of the taxable inhabitants of the city, at which l^Sn,

810

LAWS OF NEW YOKK.

[Chap.

Qii(>Atlon
III be
submitted.

Inspectors'
certitloate,
wbeu, and
wbere filed.

Bonds,
iHSue of.

Interest,
rnfH, and
Wf-a pay-
able.

Tax leT7.

the question of accepting or rejecting the plan adopted by the
electric light commissioners shall be voted upon. Provisions
for said election shall be made, and said election shall be held
and conducted in all respects in the manner provided for special
elections for extraordinary taxes by section twenty-nine of title
four of the charter of the city of Watervliet. A certificate in
writing shall be signed by the inspectors of such election, and
within forty-eight hours after such election, filed with the city
clerk, whose duty it shall be to report the same to the common
council at its first regular meeting thereafter. If the majority
of the ballots cast at said special election of taxable inhabitants
shall be in favor of the acceptance of the plan adopted by the
board of electric light commissioners then the said board of
electric light commissioners shall proceed to perfect and en-
large the municipal electric light plant, according to the plans
and estimate hitherto adopted by them.

§ 10. For the purpose of defraying the cost of perfecting and
enlarging the municipal electric light plant, as herein provided,
the bonds of the city of Watervliet, to such an extent as shall
be necessary, the whole amount however, not to exceed fifty
thousand dollars, shall be issued by the common council of said
city. Said bonds shall be numbered consecutively, and shall be
known as the "electric light bonds of the city of Watervliet."
They shall be made of the amount of one thousand dollars each,
with coupons attached, and bearing semi-annual interest at the
rate of four per centum per annum, payable in June and Decem-
ber of each year. Said bonds shall be executed by the mayor,
under the corporate seal of the city, and countersigned by the
city clerk. All of said bonds shall be made payable not more
than twenty years from the date of issue, and at such place op
places as the common council shall by resolution direct. The
common council shall by resolution, authorize the issue and sale
of said bonds at such time or times and in such amount only,
as the board of electric light commissioners shall request, and
the common council are hereby authorized and directed to levy
and collect the sum necessary, over and above the surplus earn-
ings, if any, from the sale of electricity, to pay the principal and
interest on said bonds as they mature, according to the pro-
visions of section four, article four, of the charter of the city of
Watervliet, and the common council, if necessary, may make a

272.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 811

temporary loan or loans therefor, in anticipation of the tax
levy.

§ 11. All work performed and materials furnished in perfect-
ing and enlarging the municipal electric light plant shall be
made under contract. Said electric light commissioners shall
advertise for sealed proposals for perfecting and enlarging said
plant, as herein provided, or a portion thereof, as the case may
be, and for the performance of all work and the furnishing of
all materials connected therewith, either under one entire con-
tract, or in parts under several contracts, as they shall deem
for the best interests of the city, and the board shall have full
discretion as to the acceptance or rejection of all sealed pro-
posals. No commissioners shall be in any way or manner inter-
ested, directly or indirectly, in furnishing any material or labor
for the perfection and enlargement of said plant, or in any con-
tract relating thereto.

§ 12. The board of electric light commissioners shall have J^tM? "^^
power, and they are hereby authorized to furnish light and imA^^e^iL
electrical current for illuminating, power, and other purposes,
to persons and corporations, from the mimicipal electric light
plant, when in the judgment of said board the plant possesses
the necessary requirements, and an income is assured from the
sale of electricity, sufficient to defray the expense of so furnish-
ing the same, and leave in addition a surplus to be applied to-
ward the payment of the bonds herein provided for, as the same
mature; and the board shall have power to employ engineers,
electricians and such other persons as shall be necessary to
furnish electricity as herein provided. Said board shall have
power, and is hereby authorized to establish uniform rates and
charges to persons and corporations purchasing electrical cur-
rent; and, subject to the requirement that the rates shall be so
fixed that the aggregate amount received therefrom shall be at
least sufficient to defray the expense of furnishing electricity,
and leave in addition a surplus to be applied as herein provided,
the board may, from time to time, either modify, amend, term-
inate, increase or diminish such rates, and demand and enforce
payment thereof, in the name of the city, and all sums of money
received by said board from the sale of light and electrical cur-
rent shall be paid over to the chamberlain and credited to the
electric light fund.

812

LAWS OF NEW YORK.

[Chap.

Determina-
tion of
tx>ard.

Common
oonncil,
datj of.

§ 13. If the board, however, from the examination provided
for in this act, determines that it would not be advantageous
to the city to enlarge the plant and furnish electricity as herein
provided, the board shall then examine and ascertain as to
whether the streets and public buildings in the city could be
lighted by contract more economically than under the present
system, and if the board shall so determine, the said board is
hereby authorized to make contracts with any existing corpora-
tion for a period not exceeding five years in duration, from time
to time, at an expense not exceeding twelve thousand dollars
per annum, for supplying said city with electrical light whereby
the streets and public buildings may be properly lighted; and
in case of such contract, it shall be the duty of the common
council of said city, upon notification from the board of electric
light commissioners, of any such contract or contracts being
made, to assess and levy the amount required for the fulfillment
of the same in accordance with the provisions of section four»
title four of the charter of the city of Watervliet^

§ 3. This act shall take effect immediately.

VUlaee

<•!« irier
auieUiied.

Ctiap. 273,

AN ACT to amend chapter one hundred and six of the laws of
eighteen hundred and ninety-one, entitled "An act to revise,
consolidate and amend the several acts relating to the village
of Mechanic ville, and to repeal certain acts," and the acts
amendatory thereof, relating to general provisions as to the
Tillage boundaries and the village funds, known as the gen-
eral fund and the highway fund.

Became a law, March 29, 1902. with the approval of the Governor. Passed,

a majority being, present

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

Section 1. Section two of title one of chapter one hundred
and six of the laws of eighteen hundred and ninety-one, entitled
"An act to revise, consolidate and amend the several acts re-
lating to the village of Mechanicville, and to repeal certain
acts," is hereby amended to read as follows:

273.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 813

§ 2. The boundaries of said village shall be as follows: Begin- S??SS5Jl!*
ning at a point in the westerly bank of the Ghamplain canal,
over the center of the culvert under said canal, near the late
residence of Lyman Dwight, deceased, and running thence due
east to the center of the Hudson river; thence southerly, on
and along the center of said river, to a point therein due east
from the center of the mouth of the creek running under said
canal, and thence through the farm occupied by John Hart, to
said river; thence due west to the center of the mouth of said
creek; thence westerly up said creek, on and along the center
thereof, to the northerly side of the highway known as the
Waterford and Whitehall turnpike; thence westerly, on and
along the northerly side of said highway, to the westerly bank
of said canal; thence northerly, on and along the westerly bank
of said canal, to a point therein due east from a marble post
set in the ground at the southeasterly corner of lands of Miss
Martha Sears; thence due west to said marble post; thence
westerly, on and along the southerly line of said Sears' lands,
about three hundred and thirty-three feet, to the southeasterly
corner of lands of William Leonard; thence northerly, in a
straight line, to the center of the stump of a willow tree stand-
ing in the northwesterly corner of the old cemetery adjoining
South street in said village; thence northerly, in a straight line,
to the easterly line of lands of Mary L. Pruyn and Nellie K.
Pruyn, at a point therein north, eighty-six and and one-half
degrees west, from the center of the easterly end of Chestnut
street, where said street intersects Clement avenue — which
street was laid out through lands owned by Louisiana Clement
at her death; thence northerly, in a straight line, to a point in
the inner angle of the highway, called Railroad street, near the
residence and lands of Timothy E. Sheehan in said town of Half-
moon; thence northerly on and along the easterly side of said
highway to the angle therein near the residence and lands of
John Sheehan; thence northerly, on a course the same as the
last above described line, to a point three hundred feet north-
erly from the northerly side of the highway called North street;
thence easterly, on a line parallel with and three hundred feet
northerly from the northerly side of said North street, to the
westerly side of Viall avenue; thence along the westerly side of
said Viall avenue north, one degree west, one hundred and

814 LA\YS OF NEW YORK. [Cua.-.

fiftj-nine feet; thence north, twentj-eight degrees and twenty
minutes east, five hundred twenty-eight feet to the southerly
line of lands of A. Van Vechten, the same being also the
division line between lands of Myron Hulin and lands of Mary
V. Swartout and sisters; thence along said division line south,
sixty-one degrees and fifteen minutes east, fifteen hundred and
nine feet to the westerly line* of lands of the Boston and Maioe
railway company, thence southerly along said line to a point
three hundred feet northerly from the northerly side of North
street; thence easterly, on a line parallel with and three hun-
dred feet northerly from the north side of North street to the
west bank of the canal; thence northerly, on and along the
westerly bank of said canal, to the place of beginning.

§ 3. Subdivision thirty of section three of title five of said act,
as amended by chapter one hundred and forty of the laws of
eighteen hundred and ninety-seven, is hereby amended to read
as follows:

AsveMment 30. To raise annually by tax, to be assessed upon the estates.

**^ real and personal, within said village, such an amount of money,

denominated highway tax, as they shall deem advisable, not
exceeding the sum of three thousand dollars; and also to

poutax. annually assess a poll tax of one dollar on each male inhabi-
tant of the village, of the age of twenty-one years and up-
wards, which poll tax shall be collected as in this act provided.
The highway tax and poll tax shall be paid to the treasurer
and by him kept separate from all other moneys, and shall be
denominated the highway fund.

§ 4. Subdivision thirty-one of section three of title five of said
act, as amended by chapter one hundred and forty of the laws
of eighteen hundred and ninety-seven, as amended by chapter
four hundred and fifty-nine of the laws of nineteen hundred,
is hereby amended to read as follows:

tuSS? t«. 31. To raise annually by tax, to be assessed upon the real and
personal estate within said village, such an amount of money
as they shall deem necessary, not exceeding the sum of three
thousand dollars, which sum shall be expended by said trustees
in liquidating the general expenses of said village. Such money
shall be denominated the general fund.

275.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 815

Ctiap. 274.

AN ACT to anthorize the holding of special terms of the
supreme court in the cities of Jamestown and Olean.

Became a law, March 29, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. The justices of the appellate division of the su- fbfi^^f'
preme court in the fourth judicial department may, in their dis- i* m,^fourth

judicial de-

cretion, in addition to the terms of the supreme court appointed JJJiJJ52d
by them to be held at the court houses in the counties of Chau- S^JJ?,ir"
tauqua and Cattaraugus, appoint special terms of the supreme
court, to be held at a designated place in the city of Jamestown
in the county of Chautauqua, and in the city of Olean in the
county of Cattaraugus, and assign justices to hold the same.
At such special terms all business may be transacted and cases
tried and heard which do not require the attendance of a jury,
§ 2. This act shall take effect immediately.

Chap, 275.

AN ACT to authorize the state commission in lunacy to consent
to the improvement and change of route of a highway across
the lands of the Binghamton state hospital.

Became a law, March 29, 1902, with the approval of the Governor. Passed.

three-fifths being present

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

Section 1. The state commission in lunacy is hereby authorized ^n.^JTwion
to consent to the improvement pursuant to chapter one hun- ?o wnwnt

to Improve*

dred and fifteen of the laws of eighteen hundred and ninety »»«"«». «^
eight and the acts amendatory thereof and supplemental there-
to, of an existing highway through, across or along the lands
of the Binghamton state hospital, and, if in pursuance of such
act it is deemed necessary or desirable to change the route of
such highway, such commission may consent to such change of

816 LAWS OF NEW YORK. [CuAi-.

route and to its location elsewhere on, across or along the lands
of such hospital, notwithstanding the provisions of section fif tj-
four of the insanity law, as added by chapter twenty-six of the
laws of nineteen hundred and two.
§ 2. This act shall take effect immediately.

AN ACT to aathorize the Wallkill fire district to borrow money
and issue bonds therefor for fire purposes.

Became a law, March 29, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New York, represented in Senate and
AasenMy, do enact as follotos:

SSihSrtlSd Section 1. The supervisor of the town of Shawangunk in the
moMVind county of Ulster, is hereby authorized and empowered to bor-

iMim bonds.

row on the faith and credit of the Wallkill fire district, the
sum of four thousand dollars, for the purpose of purchasing
apparatus for the extinguishment of fires, for the rent or pur-
chase of suitable real estate and buildings for the keeping and
storing of the same, and to procure supplies of water and for
any and all purposes provided by section thirty-seven of the
county law, as amended by chapter three hundred and twenty-
nine of the laws of eighteen hundred and ninety-seven. For
the purpose of securing the payment of the sum so bCNrrowed,

S2So of. ^^® supervisor of such town shall forthwith issue the bonds of
said Wallkill fire district to an amount not exceeding four thou-
sand dollars. Each of such bonds shall be of the denomina-

ratef^^ tiou of oue thousaud dollars and shall bear interest at a rate
not exceeding five per centum per annum. One of such bonds

pS^yabie. Bhall be payable on the first day of May, nineteen hundred and
eight; one on the first day of May, nineteen hundred and nine;
one on the first day of May, nineteen hundred and ten, and one
on the first day of May, nineteen hundred and eleven. The
interest on such bonds shall be payable on the first day of May,
nineteen hundred and three, and on the same day in each year
thereafter. Both the principal and interest thereof shall be
payable at the office of the town clerk of the town of Shawan-
gunk. Such bonds, both principal and interest thereof shall be

277.] ONE HUNDRED AND TWENTYFIFTH SESSION. 817

a lien upon all the taxable property both real and personal of flf^^^
said Wallkill fire district. "'~*'^-

§ 2. The bonds shall be sold by the supervisor of said town of sai«*
Shawangunk at public auction to the highest bidder at not less
than the par yalue thereof. The proceeds of the sale of said nSSSS&a
bonds shall be paid by the supervisor of said town to the
treasurer of the said fire district, and shall be used and ex-
pended by the commissioners of said fire district for the uses
and purposes mentioned in section thirty-seven of the county
law as amended by chapter three hundred and twenty-nine of
the laws of eighteen hundred and ninety-seven.

§ 8. There shall be included in the annual tax levy and col- t^"*^-
leeted on such fire district and the taxable property therein in
the same manner at the same time and by the same officers as
the taxes of the town in which the district is located are as-
sessed, in the year nineteen hundred and three, and each and
every year thereafter until the year nineteen hundred and eight
a sum sufficient to pay the interest on said bonds and in the
year nineteen hundred and eight and each year for three years
thereafter a sum sufficient to pay one thousand dollars of the
principal sum hereby authorized to be borrowed, together with
interest on the principal sum and amount of said bonds remain-
ing unpaid in each year.

§ 4. This act shall take effect immediately.

AN ACT to amend the public buildings law, in relation to the
control of furniture, othei> personal property and fixtures in
the public buildings of the state, at Albany.

Became a law, March 20, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Section 1. Subdivision two of section three of chapter two aoi
hundred and twenty-seven of the laws of eighteen hundred and
ninety-three, entitled ''An act relating to public buildings, con*

818 LAWS OF NE\y YORK [Chap.

Btituting chapter fourteen of the general Ifwa,** is hereby
amended to read as follows:
dSSrjrf^ 2. Take all necessary measures for the careful preseryation
of the furniture and other personal property belonging to the
state in such buildings. The furniture, other personal prop-
erty and fixtures in such buildings, purchased with money ap-
propriated by the state, shall be subject to the direction and
control of such trustees, and shall not be sold, exchanged, given
away, or removed from such buildings, except with the con-
sent of such trustees, or with the consent of the superintendent
of public buildings, acting under their direction.
§ 2. This act shall take effect immediately.

AN ACT to amend chapter thirty-nine of the laws o? rfjrhteen
hundred and seventy-four, entitled "An act to reorganize the
Tillage of Medina," in relation to the police department.

Became a law, March 20» 1902, with the approval of the Governor. Passed,

' a majority being piresent

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

21JJSJ Section 1. Section eight of title two of chapter thirty-nine of

uiMndad. ^Yie laws of eighteen hnndred and seventy-four, entitled "An
act to reorganize the village of Medina,'' is hereby amended to
read as follows:
fim^ § 8* A police justice shall be elected for a full term of

eieo on o . ^^^^ years Sit the first election under this act, who shall possess
Powers and thc Same powors and authority in all criminal proceedings, and
in taking acknowledgments and administering oaths as justices
of the peace in the several towns of this state, and every fourth
year thereafter a police justice shall be elected who shall hold
v^r»- his office for the term of four years, commencing on the first
day of January next succeeding his election; and the police
justice elected at the village election held March fourth, nine-
teen hundred and two, shall from and after the passage of this
act, possess all the powers and perform all the duties conferred
on such police justice by the charter of the village of Medina

'278.] ONE HUNDRED AND T\yENTY FIFTH SESSION. 819

as amended by this act; and shall be subject to all the pro-
visions of said charter as hereby amended.

§ 2. Title five of such act as amended by chapter two hun- R«p«»i-
dred and seventy-seven of the laws of eighteen hundred and
ninety-nine is hereby repealed, and a new title five is inserted
to read as follows:

TITLE V.

Op the Police Department.

§ 1. The police justice shall have exclusive jurisdiction of all JSl&,
criminal and quasi criminal matters and complaints within the iio^^iT
corporate limits of the village of which justices of the peace
and courts of special sessions now have or shall hereafter have
jurisdiction within the several towns of this state, except as
hereinafter provided; of all cases of vagrants and tramps found
or arrested within the village; of all offenses for violations of
the charter of the village of Medina; of all violations of any
by-laws or ordinances of said village; of all complaints against
disorderly persons; of all cases where summary convictions
may be had; of all actions brought by or in the name of the
village of Medina for penalties or other matters of which jus-
tices of the peace would otherwise have jurisdiction, except
that the same may be brought in a court of record; and con-
current jurisdiction with justices of the peace of othor criminal
cases. In reference to all such matters the said police justice
shall have the same powers and shall proceed in the same man-
ner and be subject to the same liabilities and limitations as
justices of the peace of towns and courts of special sessions.
Subject to the power of removal, as provided by the code of
criminal procedure, for the removal of police justices, said
police justice shall have the exclusive jurisdiction to try all
persons brought before him accused of a criminal offense com-
mitted in the village of Medina, who shall be charged with any
crime of the grade of misdemeanor, or any lessor degree, not
punishable by imprisonment in the state prison, subject to the
right of the defendant to a trial by jury, on his demand there-
for, in all cases where the right of trial by jury exists by any
law of this state. Such power of trial by said police justice
shall not extend to any case where the party accused has the
constitutional right of trial by a common law jury of twelve

820 LAWS OF NEW YORK. [Chap.

men, but in such cases he shall have the exclusive right of
examination and commitment for such offenses committed in
the village of Medina. Said police ji^stice shall have the right
to commit any person convicted before him to the common jail
of the county of Orleans or to any penitentiary or workhouse
with which the board of supervisors of Orleans county shall
have a contract for keeping prisoners convicted in said county,
or in which such convicted persons may be confined under any
law of the state by justices of the peace or courts of special
sessions. Trials and other proceedings in criminal matters had
before said police justice, and appeals from his determination
therein, shall be conducted in the manner provided in titles
one and three of part five of the code of criminal procedure
and any amendments that may be made thereto, except as
herein otherwise provided. The judgments and determinations
of him and of his court in other cases, shall be enforced and
reviewed in the same manner as the judgments, and determina-
tions of justices of the peace in like cases except as modified
by this act. He may also administer oaths and take affidavits
and acknowledgments of deeds and other papers. Nothing
herein contained shall affect the jurisdiction of any judge or
justice of a court* of record in any criminal or quasi criminal
gjjg^f proceeding. The board of trustees shall designate some jus
SltoMmf tice of the peace residing in said village to discharge the duties
tbep^?l. of the office of police justice in case of the inability or disquali-

etc.. during x- * ./ t

j^jjceo' fi cation of the said police justice, or his absence from the vil-
fuatio^ lage, or in case of a temporary vacancy in the office of the
police justice. Such designation shall continue for one year,
unless sooner revoked by said board, but such justice of the
peace so designated shall not be authorized to perform any act
as police justice except during such disability, absence or
vacancy, and except as to such cases as shall have been com-
menced before him during the existence of such disability,
• absence or vacancy. Such designation may be removed to the
same or some other justice of the peace as occasion may
require. Such justice of the peace, during the time of such
disability, absence or vacancy, shall have the same power and
authority, and shall perform all the duties of such police jus-
tice. He shall keep all records in the police docket, make out
all accounts and be subject to all the limitations and restric-

278.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 821

lions as said police justice in the execution of the powers and
authority conferred by this act on such police justice. Such
justice of the peace, during the time he shall perform the
duties of police justice, shall areceive a proportionate share of
the salary of the police justice, to.be determined by the board °■'•^•
of trustees and to be deducted from the salary of the police
justice, but shall not be entitled to receive any other fee or
reward whatever for any such service so performed by him,
except as herein provided.

§ 2. Any person arrested for any criminal or quasi criminal JnSSd.
offense committed within the village of Medina, or for the vio-
lation of any by-law or ordinance thereof, and every tramp or
vagrant arrested in the said village, as specified in the last
section, shall be immediately taken before the said police jus-
tice to be dealt with according to law. If said police justice
cannot be found, then the person so arrested may be detained,
as provided in section nine of this title. It shall be the duty
of the police justice to deliver all warrants or other process
issued by him to the policemen of said village or to any con- JSJJSTSI'
stable or the sheriff of the county of Orleans for service, and
the said policemen shall have the same power and authority
to execute any process so issued and delivered to them as con-
stables of towns now have. No justice of the peace of the
county of Orleans shall receive any fees, emolument or pay from
any source whatever for the performance of any duties or the
issuing of any process of which the said police justice by this
act has exclusive jurisdiction ; nor shall it be lawful for any jus-
tice of the peace of said county to make any charge against
the said village, or the towns or the county in which the same
is situated, for services rendered in or respecting criminal mat-
ters, proceedings, trials or examinations in such village, where
the subject-matter thereof arose in said village, except as herein
provided.

§ 3. When any person charged or complained against as a SS?52?''
disorderly person under any statute of this state, or as a dis- p^^eded
orderly person under the provisions of this act, shall be arrested
and brought before such police justice, he shall proceed forth-
with to hear and try and determine the complaint or 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

322

LAWS OF NEW YORK.

[Chap.

Penalties.

Disorderly

peraone

leaned.

ten days, and in the meantime shall commit the accused to jail
or take bail that the accused will appear on such adjourned
day; and upon conviction of any such offender, either upon con-
fession or competent testimony, the said police justice 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 imprisonment.

§ 4. All habitual drunkards in said village; all persons who
shall be intoxicated therein; 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 wilfully give or as-
sist in giving a false alarm of fire; all persons who shall use
vulgar, profane or obscene language or conduct in any street
or public place -in said village; all persons who shall sell intoxi-
cating liquors without license in said village; all persons who
shall neglect or refuse to report cases of contagious or pesti-
lential 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 village; all per-
sons who shall have incited or induced dogs to fight in any street
or public place in said village; or who shall permit any unmuz-
zled, ferocious dog to be at large in any street or public place;
all persons who shall be guilty of using or shall use any threat-
ening, abusive or insulting language, or behavior tending to pro-
voke a breach of the peace, or whereby a breach of the peace
may be occasioned; all persons who shall wilfully break, mar,
injure or deface any building, fence, awning, sign, sign-board,
tree, shrubbery or other thing, on any of the public property
of said village; all persons who shall remove from or pile up
before any door, or on any sidewalk or street, boxes, casks or
other things, for the purpose of annoyance or mischief, or who
shall wilfully tear down, destroy or mutilate any notice or hand-
bill lawfully posted up in said village; all persons who shall
wilfully rub or throw any liquid, ink or other substance, or any
paint, missile or other thing upon or against any building or
fence, or through any window in said village; all persons who
shall have abandoned or shall neglect to provide for their fam-
Jlies; all persons, who at the time of any fire In said village,

278.] ONE HUIS'DRED AND TWENTY-FIFTH SESSION. 823

shall be guilty of any insubordination or any disorderly con-
duct, or shall attempt to obstruct the operation of the fire de-
partment, or to excite insubordination in others, or shall wil-
fully neglect or refuse to obey, or attempt to prerent or obstruct
the execution of the orders of proper officers, or who shall suf-
fer or permit cattle, horses, sheep, swine, geese, or other animals
to run at large in said village, in violation of any ordinance or
regulation passed or adopted by the board of trustees, or who
shall violate any penal ordinance or by-law of the said village,
or any order or ordinance of the board of health thereof, shall
be deeme,d, and are hereby declared to be, disorderly persons in
said village, and shall be proceeded against and punished ac-
cordingly; and any person charged with any offense specified in oiiorderiy
this section, which is, by existing law, a crime or misdemeanor, pSSJ!!^6d
may be proceeded against under the present or existing pro- "**"
visions of law, or under thQ provisions of this act before said
police justice.

§ 5. All actions brought to recover any penalty or forfeiture ^SSuif^
incurred under this act, or under any ordinance or by-law made brought m

corporate

in pursuance thereof, shall be brought in the corporate name of JSJJJ^'"**
said village, and in such action it shall only be necessary to
allege in the complaint that the defendant is indebted in a sum,
stating the amount and referring to the section or sections of
this act, or of the by-law or ordinance under which the penalty
is claimed, and to give the special matter in evidence; and the
defendant may answer by denial, general or specific, and give amw^t.
the special matter in evidence. The president of the village, ItVmSi
by virtue of his office, is hereby clothed with the power to insti- toS«uuto
tute and conduct all such actions in the said corporate name
without having first obtained special direction of the board of
trustees. The first process under the provisions of this act, or ^nt

'^ ' proceM

any ordinance or by-law made in pursuance thereof may be by wJn-aSt^
warrant, and every such process shall contain an indorsement indor«>-
stating that the same is issued to recover a penalty and refer-
ring to the number of the sections of the law or ordinance or
by-law under which the penalty is claimed and no other indorse-
ment shall be necessary. All expenses incurred in proceedings J5K"ed iw
for the recovery of any fine, penalty or forfeiture under this act, ^£^'*"
or any ordinance passed in pursuance thereof, shall be defrayed
by the corporation, and all such fines, penalties, forfeitures and

824

LAWS OF NEW YORK.

[CnAP.

Fines, etc,
to be paid
to village
treasarer.

Execution,
what to
contain.

Complaint
without
probable
oauM.

Bnbpoena
to iMue on
raquit.

XMsobedN
ence there-
to, how
punlBhed.

Ralarjot

police

Joetloe.

Oofltetobe
paid to the
village
treasurer.

costs, when collected, shall be paid to the treasurer for the use
of the village, except as herein otherwise provided. When
judgment shall have been recovered for any such fine, penalty
or forfeiture, the execution issued thereon shall direct that if
the person or persons against whom the judgment shall have
been recovered have no property whereof the judgment can be
collected, such person or persons shall be imprisoned in close
custody in the jail of Orleans county for a term to be specified
in such execution not exceeding sixty days, and it shall be exe-
cuted accordingly.

§ 6. Whenever, in the opinion of the police justice, a com-
plaint shall have 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.

§ 7. It shall be the duty of the police justice, whenever re-
quested by the trustees or president of the village, to issue a
subpoena requiring any person to appear before him to give evi-
dence upon a complaint or charge for any offense committed,
or supposed to have been committed, in the village, and said
subpoena shall have the like effect, in all respects, and disobedi-
ence thereto shall be punished the same as if issued in an action
pending before him; upon the return of such subpoena, such
justice shall examine the witness or witnesses so subpoenaed
on oath in relation to the supposed offense, and if it shall ap-
pear that any offense has been committed, he shall , proceed
thereon in the same manner as though such witnesses had volun-
tarily made complaint before him.

§ 8. The police justice shall receive a salary of six hundred
dollars per annum, payable monthly upon his making his
monthly report as herein provided. He shall not receive or
retain any other fee whatever, except for taking affidavits and
acknowledgments. And such costs as shall be collected in civil
actions brought by the village to recover penalties for violations
of this charter and the ordinances of the village, shall be col-
lected and paid by him to the village treasurer. He shall reside
and keep an office in the village and shall not hold any other
Tillage office. The board of trustees is hereby authorized and
directed to raise the said sum of six hundred dollars for the
salary of said police justice, in addition to the amounts author-
ized to be raised by them by any provision of the charter of the

278.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 825

village of Medina, without a vote of the taxable inhabitants of
the village. The policemen shall be entitled to the same fees 5SRoti«l
for their services as constables in the towns and cities of this
state, together with such additional compensation for special or
extra services or for services for which no fees are provided
by law as the board of trustees shall deem proper.

§ 9. The trustees, the president of the said village and the ^SidSJt
policemen, and each and everyone of them respectively, shall have men'Sa!^
the power and are hereby authorized at any and all times, to £!J5lt8.
arrest or cause to be arrested, with or without process, any
person who may be found by 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 shall be taken Jjjjj*^ ^
forthwith before the police justice herein provided. In case ^^^^^
such police justice cannot be found, then the officer arresting JSlttoa,
such offender may detain him in custody or commit him to the
common jail of Orleans county, or any other convenient and
secure place, for safe keeping, not exceeding eighteen hours,
until such police justice can be found, when such officer shall
immediately bring such offender before such police justice, to
be dealt with according to law. The said officers, or any of them ^'■j^'J,^
shall have power to command assistance whenever it shall be •■»*»'^ce.
deemed necessary, the same as constables of towns and with
like effect.

§ 10. It shall be the duty of the board of trustees of said SSSr^kepu
village to provide a docket, which shall remain the property of
the village, for the use of the police justice, and the said police
justice is hereby required to make and keep therein a complete
record of all complaints and proceedings, civil and criminal,
before him, commenced either with or without process, the date
of such proceeding, the nature of the offense charged, what
action was had thereon, and what disposition was made thereof,
and all judgments, sentences and fines rendered or imposed by
him, and whether collected, and of all moneys and costs col-
lected or paid, together with a complete statement of the whole
proceeding, and the time when each proceeding was had, and as
to the final disposition made of the same. Said docket shall g^^J*j*J^
be subject to inspection at all times by any trustee or in- tto£'^*^
habitant of the village, or by any other person interested in the
matters therein contained. The said police justice shall collect

826

LAWS OF NEW YORK.

[Chap.

FliiM,eta
ooUeotlon,

Monthly
v«»rlrted
»tat<*ment
etc.. to be
made to
tioard of
trtutees.

Peea.

account,
how kept.

and receive all fines, fees and allowances that are by law collect-
able by justices of the peace or courts of special sessions in
towns, or that may be imposed by him to enforce the provisions
of this charter or any of the ordinances of this village. He shall
immediately pay over to the treasurer of the village of Medina,
all fines, penalties, costs and fees collected by him, except such
as he shall be entitled to as herein provided, for the use and
benefit of said village. He shall make to the board of trustees
once a month, on one of the first three days in each month,
under oath, a full and detailed tabular statement of all fines and
fees, and collections made by him during the preceding month,
and of all the convictions and complaints before him and what
disposition was made thereof. It shall be the special duty of
the president of the village to see that this report is made as
herein required.

§ 11. The same fees as are allowed by law to justices of the
peace of towns and courts of special sessions in this state in
criminal matters and proceedings, shall be allowed for the ser-
vices of said police justice and acting police justice and be
charged upon the county of Orleans, and the several towns in
said county in the same manner and to the same extent as the
fees of justices of the peace and courts of special sessions of
towns are now or may hereafter be allowed to those officers
and courts, respectively, for similar services, and paid to the
village of Medina. The said police justice and acting police
justice shall severally keep account of their fees for services
performed by them in all such criminal matters and proceedings
as are by law chargeable to the towns and counties of this state
when performed by justices of the peace and courts of special
sessions, in two classes, one of which shall comprise those fees
and expenses which are by law, county charges, and the other
such as by law are town charges; and it shall be their duty to
make out an account of such fees and charges, in the name of
the village, in'the manner required by law for audit by the board
of supervisors, by justices of the peace and courts of special
sessions, which accounts shall be verified by them in the same
manner and delivered to the board of supervisors of Orleans
county at each annual session. The said board of supervisors
shall audit the same and assess the amounts so audited upon
the county and the several towns to which the same shall be

278.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 827

chargeable, and the said amoants so audited and assessed, shall
be collected and paid by the proper oflBcers to the village of
Medina.

§ 12. The trustees shall have power to appoint not to exceed JSiSineu
three policemen, one of whom they shall appoint and designate appoiniej.
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 JJJJJH)*"''
same duties in all actions and proceedings, civil and criminal, po»«e«»eii.
arising in the bounds of said village and shall be subject to the
same liabilities as town constables in the towns of this state.
It shall also be ijie 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 ordi-
nances and by-laws of the village, with the names and residences
of witnesses; to preserve the public peace; to attend all pub-
lic assemblages in said village and preserve order, to be vigilant
for the prevention and discovery of crimes 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 gambling houses and all places
where idlers, tipplers, gamblers or other disorderly or suspic-
ious persons may frequent or congregate, or any violation of
this act; and to perform the duties of watchmen in said vil-
lage whenever directed so to do by the trustees, the president or
chief of police, and obey all rules and regulations which they
may prescribe and establish for their government and discip-
line; and to perform 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 Trwteet
lock-up, station or watch-house, for this purpose, to be under nSUSS
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.

828 LAWS OP NEW YORK. [Chap.

nSiw7o?' § ^^' ^^y police justice or acting police justice or policeman,
**"^' who shall be guilty of a willful violation of any of the provisions
of this chapter, or of a willful neglect of duty therein un-
posed, shall be guilty of a misdemeanor.
pow«n^ § 1^- The police justice shall possess such additional powers,
ju^t^ not inconsistent with this act as are or may be conferred upon
police justices of villages by any general statute of this state.
§ 3. Title eight of chapter thirty-nine of the laws of eighteen
hundred and seventy-four, is hereby amended by adding a new
section to be known as section thirteen-a, to read as follows:
SJ/^Ssa § 13-a. The board of trustees may cause a street or a part
iprhlued. thereof to be sprinkled, and may. assess the ezx>ense thereof,
in whole or in part, upon the owners or occupants of the ad-
joining land.
§ 4. This act shall take effect immediately.

«■

AN ACT to amend chapter two hundred and ninety-eight of the
laws of eighteen hundred and eighty-three, entitled '^An act
to provide for the government of the city of Albany/' and acts
amendatory thereof, in relation to sinking funds.

Accepted by the city.

Became a law» liarch 29, 1002, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New York^ represented in Senate and
Aesemblyy do enact as follows:

Charter Sectiou 1. Sectiou seveu of title eight of chapter two hundred

ameaded.

and ninety-eight of the laws of eighteen hundred and eighty-
three, entitled "An act to provide for the government of the city
of Albany,'' aB amended by section five of chapter two hundred
and forty-two of the laws of eighteen hundred and eighty-seven
is hereby amended so as to read as follows:
$85,000 to b« § 7. In addition to the interest on the city debt for the en-
foTBinkunf suing year, and such sums as are otherwise directed by law to
be raised and paid into the general debt sinking fund, there
shall be included in each city tax budget a sum to be fixed by
the board of estimate and apportionment of the city of Albany,

280.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 829

and included in their annual estimate of the several sums of
money which it deems necessary to be raised by tax to pay the
expense of conducting the business of the city, and the various
other purposes provided for by law, which sum shall not exceed
thirty-five thousand dollars, and the same shall be raised by tax '^^^^^
and shall be credited by the city comptroller on the first day **^
of April thereafter, in the account kept by him of the said
sinking fund and held and managed by said comptroller as pro-
vided for in section sixty-nine of chapter one hundred and
eighty-two of the laws of eighteen hundred and ninety-eight, en-
titled "An act for the government of cities of the second class.'*
§ 2. This act shall take effect immediately.

Chap. 280.

AN ACT to amend the village law, relating to the purchase of

road making machinery.

Became a law, March 29, 1002, with the approyal of the Governor. Passed,

three-fifths being present

The People of the State of New Tork^ represented in Senate and
Assembly y do enact as follows:

Section 1. Section one hundred and twenty-eight of chapter viiiweuw

*^ *^ '^ amended.

four hundred and fourteen of the laws of eighteen hundred and
ninety-seven, entitled **An act in relation to villages, consti-
tuting chapter twenty-one of the general laws," as amended by
chapter three hundred and seventy-three of the laws of nineteen
hundred, is hereby amended to read as follows:

§ 128. Borrowing money generally. — If authorized by an elec-
tion, money may be borrowed by a village upon its bonds or
other obligations, payable in future fiscal years for the purpose
of purchasing, constructing and maintaining the following vil-
lage improvements:

1. A village or town hall.

2. Fire engines and fire alarm system.

8. Laying out, grading or paving streets, and for the pur-
chase of a steam roller^ stone crusher and engine^ and other road
making machinery.

4. Sidewalks.

i. Bridges.

830 LAWS OF NEW YORK. [Chap.

6. Water works.

7. Lighting system.

8. Sewerage.

9. Parks.

10. Cemeteries.

Money may be borrowed in anticipation of taxes already
levied for the current fiscal year, but not in excess thereof, and
it must be payable within such year. No contract shall be made
involving an expenditure by the village, unless the money there-
for is on hand, or a proposition has been adopted authorizing
the board of trustees to raise such money. If a final judgment
against a village exceeds one thousand dollars, money may be
borrowed for the payment thereof on the adoption of a proposi-
tion therefor at a village election, and bonds or other obliga-
tions of the village may be issued for that purpose, payable in
installments or otherwise as prescribed in section one hundred
and twenty-nine of this chapter.

§ 2. This act shall take effect immediately.

Ctiap. 281.

AN ACT to authorize the city of Cohoes to borrow money for
the purpose of better equipping its fire department, and to
issue its bonds for the money so borrowed.

Accepted by the city.

Became a law, March 20, 1902, with the approval of the Governor. Passed,

three-fifths being present

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

Board of Scction 1. The board of fire commissioners of the city of

lire com-

JTuSotuJS Cohoes, is hereby authorized, immediately upon the passage of
mSmiiei'^ this act, to prepare and furnish an estimate or statement to
the common council of said city, of the amount which they deem
will be necessary for the better equipment of the fire depart-
ment of said city, and for the purchase of such necessary imple-
ments and machinery and other necessary equipments for the
purpose of enabling the fire department of said city to proi)erly

etc

281.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 831

discharge its duties. Such estimate or amount, however, shall
not exceed the sum of twenty thousand dollars.

§ 2. It shall be the duty of the common council of said city, SSSSuo
immediately upon the furnishing of the estimate and statement nKmSyand
mentioned in section one of this act, to borrow upon the faith
and credit of said city of Cohoes the sum of money specified in
said estimate and statement, and to issue the bonds of said city
therefor, bearing interest at a rate not exceeding four per inter^t.
centum per annum, payable semi-annually. Said bonds shall be ^'Jf^'j,,^
of the denomination of one thousand dollars each, and shall be
payable at such times not exceeding twenty-five years, as the
said common council shall determine. Said bonds shall be exe- Bonds, i^

whom

cuted by the mayor and city clerk under the corporate seal of «»•««*•*•
said city, and shall be negotiated by the chamberlain of said
city, by selling the same at his office, at public auction, at not
less than par value thereof. Said chamberlain shall give public
notice of the time and place of any sale of said bonds by publish- 5*ni«S?o?
ing a notice thereof at least fifteen days previous to such sale in VoShm.
such newspaper as shall be designated by the common council
of said city.

§ 3. The amount of money so borrowed shall be set apart by "^5,^^
the said chamberlain to the credit of the board of fire commis- •p*^^*®***
sioners of said city, who shall expend the same for the purpose
of equipping the fire department, as provided in section one of
this act.

§ 4. It shall be the duty of the common council of said city, Tuiery.
and they are hereby empowered, to cause to be raised yearly in
each fiscal year from the time this act shall take effect, by tax
upon the taxable property in said city, in the same manner as
other city taxes are levied, and in addition thereto, a sum suffi-
cient to pay the interest upon said bonds and the principal when
and as the same shall become due and payable.

§ 5. This act shall take effect immediately.

833 LAWS OF NEW YORK. [Chap.

AN ACT to amend the penal code in relation to the sentencing

of convicts to state prisons.

Became a law, March 29, 1902, with the approval of the Goyemor. Passed,

a majority being present.

The People of the State of New Torkf represented in Senate and
Assembly y do enact as follows:

p*^*! ««ie Section 1. Section six hundred and eighty-seven-a of the penal
code is hereby amended so as to read as follows:

§ 687-a. A person never before convicted of a crime punish-
able by imprisonment in the state prison, who is convicted in
any court in this state of a felony, the maximum penalty for
which, exclusive of fines, is imprisonment for five years or less,
and sentenced to a state prison, shall be sentenced thereto
under an indeterminate sentence, the minimum of which shall
not be less than one year, or in case a minimum is fixed by
law, not less than such minimum, and the maximum of which
shall not be more than the longest period fixed by law for
which the crime is punishable of which the offender is convicted.
The maximum limit of such sentence shall be so fixed as to
comply with the provisions of section six hundred and ninety-
seven of the penal code. In any other case whenever any per-
son, never before convicted of a felony, shall be convicted of
a felony, other than murder or arson, the maximum penalty
for which, exclusive of fines, exceeds five years' imprisonment
in a state prison, the court may either pronounce a definite sen-
tence for a fixed term as provided by law, or may in its discre-
tion impose upon such persoiu a sentence of imprisonment
therein for an indeterminate term the minimum of which shall
not be less than one year, or in case a minimum is fixed by law,
not less than such minimum, and the maximum of which shall
not be more than the longest period fixed by law for which the
crime is punishable of which the offender is convicted. The max*
imum limit of such sentence shall be so fixed as to comply with
the provisions of section six hundred and ninety-seven of the
penal code.

283.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 833

Ctiap. 283.

AN ACT to amend the tax law, to provide for and authorize the
appointment of a transfer tax clerk by the surrogate of the
county of Dutchess and to provide for his compensation.

Became a law, March 29, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New Yorky represented in Senate and
AssemUy, do enact as foUows:

Section 1. Section two hundred and thirty-four of *?hapter '^'vr.
nine hundred and eight of the laws of eighteen hundred and
ninety-six, entitled "An act in relation to taxation, constituting
chapter twenty-four of the general laws," as amended by chap-
ter three hundred and eighty-nine of the laws of eighteen hun-
dred and ninety-nine and chapter one hundred and seventy-three
of the laws of nineteen hundred and one, is hereby amended to
read as follows:

§ 234. Surrogates' assistants in Kings and certain other counties. —
The surrogates of the counties mentioned in this section may
appoint and at pleasure remove assistants as follows:

1. In the county of Kings, a transfer tax assistant at an
annual salary of four thousand dollars, and a transfer tax clerk,
at an annual salary of two thousand dollars; and shall be en-
titled to not more than five hundred dollars a year, for expenses
necessarily incurred in the assessment and collection of taxes
under this article.

2. In the county of Westchester, a transfer tax assistant, at
an annual salary to be fixed by the surrogate, of not more than
two thousand dollars.

3. In the county of Suffolk, a transfer tax clerk, at an annual
salary of seven hundred and twenty dollars.

4. In the county of Oneida, not more than two transfer tax
'clerks, at an annual compensation to be fixed by the surrogate,

of not more in the aggregate than twelve hundred dollars.

5. In the county of Ulster, a transfer tax clerk, at the annual
salary, to be fixed by the surrogate, of not more than seven
hundred and twenty dollars.

6. In the county of Onondaga, a transfer tax clerk, at an

834 LAWS OF NEW YOEIL [Chap.

annual salary, to be fixed by the surrogate, of not more than
twelve. hundred dollars.

7. In the county of Monroe, two transfer tax clerks, at an
annual salary of seven hundred and fifty dollars each; and shall
be entitled to not more than two bundfed dollars a year for
expenses necessarily incurred in the assessment and collection
of taxes under this article.

8. In the county of Erie, a transfer tax clerk, at an annual
salary of eighteen hundred dollars.

9. In the county of Albany, a transfer tax clerk, at an annual
salary to be fixed by the surrogate, of not more than one thou-
sand dollars.

10. In the county of Dutchess, a transfer tax clerk, at an
annual salary, to be fixed by the surrogate, of not more than
nine hundred dollars.

Such salaries and expenses shall be payable monthly by the
state comptroller on the certificate and requisition of the surro-
gate of each of such county, accompanied by proper vouchers,
out of any funds in his hands on account of taxes collected
under this article.

{ 2. This act shall take effect immediatelj*

AS ACT to amend chapter thirty-four of the laws of eighteen
hundred and fifty-eight, entitled '^An act to make school dis-
trict number nine, in the town of Pomf ret, a union free school
district," in relation to the powers of the board of education,
and the compensation of ofQcers.

Became a law, March 29, 1902, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New Tork^ represeniei {fi Beiwte and
AssemUyy do enact as follows:

Aet '^^ Section 1. Subdivision seven of section sixteen of chapter
thirty-four of the laws of eighteen hundred and fifty-eight, en-
titled '^An act to make school district number nine in the town
of Pomfret a union free school district," as amended by chapter
one hundred and eighty of the laws of eighteen hundred and

285.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 835

ejghty-one and chapter four hundred and seventy-nine of the
laws of eighteen hundred and ninety-seven is hereby amended
to read as follows:
7. Said board of education is hereby authorized to ap- Board of

•^ -^ education

point or elect at its annual meeting, one of its mem- JJJSJJTotirt
bers as secretary thereof, who shall hold said oflBce until me*mbH«
his successor is duly appointed or elected by a majority of all •<«•
the members constituting said board; also to make such rules
and regulations as it deems best, for the appointment of a libra- Libwrian.
rian and to define the duties thereof; also to appoint at any
time an assistant secretary of said board, who shall hold said AMistam
office during the pleasure of said board, and who shall perform
such duties as the board may designate and require in connec-
tion with the schools or the board of education or with the su-
perintendent of the schools. The salaries of said secretary and s^^^k*
assistant secretary, including the cost of making the annual
tax roll and duties of the librarian, shall not exceed in the ag-
gregate the sum of six hundred dollars, the sum to be deter-
mined by said board of education.
§ 2. This act shall take effect immediately.

AN ACT to amend section five of the general corporation law,
being chapter six hundred and eighty-seven of the laws of
eighteen hundred and ninety-two, with respect to filing and
recording certificates of incorporation, and to the corporate
names of corporations.

Became a law, March 29, 1002, with the approval of the Governor. Passed*

a majority being, present

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

Section 1. Section five of the general corporation law, being General

^ "^ 7 o corporation

chapter six hundred and eighty-seven of the laws of eighteen J;^^^.
hundred and ninety-two, is hereby amended so as to read as
follows:

§ 5. Filing and recording certificates of incorporation. — Every
certificate of incorporation including the corporate name or

836 LAWS OF NEW YORK. [Chap.

title and every amended or supplemental certificate, and every
certificate which alters the provisions of any certificate of incor-
poration or any amended or supplemental certificate, hereafter
executed shall be in the English language, and except of a re>
ligious, cemetery, moneyed, municipal or fire department corpo-
ration, shall be filed in the ofiice of the secretary of state, and
shall be by him duly recorded and indexed in books specially
provided therefor, and a certified copy of such certificate or
amended or supplemental certificate with a certificate of the
secretary of state of such filing and record, or a duplicate origi-
nal of such certificate or amended or supplemental certificate
shall be filed and similarly recorded and indexed in the office of
the clerk of the county in which the office of the corporation is
to be located, or, if it be a non-stock corporation, and such
county be not determined upon at the time of executing the cer-
tificate of incorporation, in such county clerk^s office as the
judge approving the certificate shall direct. All taxes required
by law to be paid before or upon incorporation and the fees for
filing and recording such certificate must be paid before filing.
No corporation shall exercise any corporate powers or privileges
until such taxes and fees have been paid.
§ 2. This act shall take effect immediately.

AN ACT to amend the stock corporation law, in relation to the
reduction of the capital stock of an insurance corporation.

Became a law, March 29, 1902, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Tork, represented in Senate and
Assembly, do enact as follotcs:

stock oor. Section 1. Section forty-six of chapter five hundred and sixty-
vontion ^^^^ ^^ ^^^ j^^^ ^^ eighteen hundred and ninety, entitled "An

act in relation to stock corporations, constituting chapter thirty-
eight of the general laws," as amended by chapter six hundred
and eighty-eight of the laws of eighteen hundred and ninety-two,
and chapter three hundred and fifty-four of the laws of nineteen
hundred and one, is hereby amended to read as follows:

286.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 837

§ 46. Conduct of such meeting; certificate of increase or re-
duction.—If, at the time and place specified in the notice, the
stockholders shall appear in person or by proxy in nombers
representing at least a majority of all the shares of stock, they
shall organize by choosing from their number a chairman and
secretary, and take a vote of those present in person or by
proxy, and if a snflttcient number of votes shall be given in favor
of such increase or reduction, or if the same shall have been
authorized by the unanimous consent of stockholders expressed
in writing signed by them or their duly authorized proxies, a
certificate of the proceedings showing a compliance with the
provisions of this chapter, the amount of capital theretofore
authorized, and the proportion thereof actually issued, and the
amount of the increased or reduced capital stock, and in case of
the reduction of capital stock the whole amount of the ascer-
tained debts and liabilities of the corporation shall be made,
signed, verified and acknowledged by the chairman and secre-
tary of the meeting, and filed in the office of the clerk of the
county where its principal place of business shall be located, and
a duplicate thereof in the office of the secretary of state. Tn
case of a reduction of the capital stock, except of a railroad cor-
poration or a moneyed corporation, such certificate shall have in-
dorsed thereon the approval of the comptroller, to the effect
that the reduced capital is sufficient for the proper purposes of
the corporation, and is in excess of its ascertained debts and
liabilities; and in case of the increase or reduction of the capi-
tal stock of a railroad corporation or a moneyed corporation,
the certificate shall have indorsed thereon the approval of the
board of railroad commissioners, if a railroad corporation; of
the superintendent of banks, if a corporation formed under or
subject to the banking law, and of the superintendent of insur-
ance, if an insurance corporation. When the certificate herein
provided for has been filed, the capital stock of such cori>oration
shall be increased or reduced, as the case may be, to the amount
specified in such certificate. The proceedings of the meeting at
which such increase or reduction is voted, or, if such increase
or reduction shall have been authorized by unanimous consent
without a meeting, then a copy of such consent shall be entered
upon the minutes of the corporation. If the capital stock is re-
duced, the amount of capital over and above the amount of the

S38

LAWS OF NEW YORK.

[Chap.

reduced capital shall, if the meeting or consents so determine or
provide, be returned to the stockholders pro rata, at such
times and in such manner as the directors shall determine, ex-
cept in the case of the reduction of the capital stock of an insur-
ance corporation, as an alternative to make good an existing im-
pairment.
I 2. This act shall take effect immediately.

Acts of
water com*
mlMlonen
IflCallMd.

ContraPts

declared

▼alio.

VUIagw
authorized
toiwue
bonds.

AN ACT to legalize and ratify the acts of the water commis-
sioners of the village of Voorheesville in the county of
Albany, in contracting indebtedness in the completion of its
water works in excess of ten per centum of its assessed valua-
tion for the year nineteen hundred; and to authorize said
village to issue its bonds or obligations in a sum not to exceed
four thousand dollars in liquidation of such indebtedness.

Became a law, March SI, 1902, with the approyal of the Governor. Passed,

three-fifths being present

The People of the State of New York, represented in Senate and
Asaemhlyy do enact ae follows:

Section 1. The acts and contracts of the board of water com-
missioners of the village of Voorheesville, county of Albany,
done and made during the year nineteen hundred and one in
the completion of the village water works in excess of the
amount for which bonds were authorized to be issued, by the
proposition adopted at the annual village election held March
nineteen, nineteen hundred and one, are hereby legalized, rati-
fied and confirmed, and such contracts are hereby declared to
be valid and legally binding obligations of said village. The
said village is hereby authorized and empowered to issue its
bonds or obligations in an additional sum not to exceed four
thousand dollars to liquidate such indebtedness, and to pur-
chase necessary apparatus and fixtures for fire protection in
such village.

§ 2. This act shall take effect immediately.

288.] OiJE HU^^DKED AND TWENTY-FIFTH SESSION. 839

AN ACT to amend the charter of the city of New Bochelle In

relation to the office of comptroller.

Accepted by tlie city.

Became a law, April 2; 1902, with the approTal of the Ooyemor. Passed

three-fifths being present

TTie People of the State of New Tork, repreeeniei in Senate and
Assembly J do enact as follows:

Section 1, Section ten of article two of cHapTer one Cnndre'd SSSSLt
and twenty-eight of the laws of eighteen hundred and ninety-
nine, entitled "An act to incorporate the city of New Bochelle "
is hereby amended to read as follows:

§ 10. City officers. — ^The officers of the city shall be a mayor,
a police justice, a comptroller, a city treasurer, a city clerk, a
receiver of taxes, three assessors, four supervisors, two justices
of the peace, a corporation counsel, a city engineer, a super-
intendent of streets, one commissioner of charities, one health
officer, five commissioners of health constituting the board of
health, so many commissioners of deeds as may be deemed neces*
sary by the common council, a superintendent of schools and
nine members of the board of education, a chief engineer and
a first and second assistant engineers of the fire department,
a chief or captain of police, a sergeant of i>olice, and not to
exceed ten patrolmen, three police commissioners, three fire
commissioners, three sewer commissioners, two aldermen from
each ward, two constables.

§ 2. Section eleven of article two of said act is hereby
amended so as to read as follows:

§ 11. Hanner of choosing city officers. — Except as herein
otherwise provided, the city officers shall be chosen as follows:
the mayor, police justice, comptroller, city treasurer, receiver
of taxes, three assessors, and two justices of the peace
shall be elected by ballot of the electors of the city
at large. Two aldermen shall be elected in each ward
by ballot of the electors in each ward. The corporation
counsel, city clerk, city engineer, superintendent of streets,
commissioner of charities, commissioners of health, police com-
missioners, fire commissioners, sewer commissioners, constables^

840 LAWS OF NEW YORK. [Chap.

and commissioners of deeds shall be appointed by the mayor,
subject to the aflfirmative vote of at least one-half of the num-
ber of aldermen in office. The members of the board of educa-
tion shall be appointed by the mayor without confirmation hj
the aldermen. The chief engineer and the first and second
assistant engineers of the fire department shall be appointed by
the board of fire commissioners. The superintendent of schools
shall be appointed by the board of education. The health officer
shall be appointed by the commissioners of health. The elec-
tion officers required by law shall, except as otherwise herein
provided, be chosen or appointed in the manner and for the
term, and to possess the powers and perform the duties, pre-
scribed by the provisions of existing general laws relating
thereto. The electors of each ward shall elect one supervisor.
All other officers and city employees shall be appointed or
elected as hereinafter provided.

§ 3. Section twelve of article two of said aot is hereby
amended so as to read as follows:

§ 12. Terms of office. — Except as herein otherwise provided,
the term of office of the mayor, police justice, comptroller, jus-
tices of the peace, receiver of taxes, assessors, supervisors,
aldermen, health officer, city treasurer, corporation counsel, city
clerk, city engineer, superintendent of streets, commissioners
of deed, commissioner of charities, commissioners of health, and
constables, shall be two years; of the chief engineer, first and
seoond assistant engineers of the fire department, and superin-
tendent of schools, one year; of the fire commissioners, police
commissioners, sewer commissioners, and the members of the
board of education, three years. All other appointees of the
common council, or any city board, except as herein otherwise
provided, shall be for one year or less than one year,

§ 4. Section seventeen of article two of said aot ia hereby
amended so as to read as follows:

§ 17. Compensation of city officers. — The mayor, aldermen,
police commissioners, fire commissioners, sewer commissioners,
and members of the city board of health shall receive no com-
pensation for their services. The annual salary of the police
justice shall be fifteen hundred dollars; the annual salary of the
city clerk shall be fixed each year by the common council at an
amount not exceeding two thousand dollars; the annual salary

288.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 841

of the city treasurer shall be fifteen hundred dollars; the annual
salary of the receiver of taxes shall be two thousand dollars;
the annual salary of the comptroller shall be fifteen hundred
dollars; the annual salary of the commissioner of charities shall
be seven hundred dollars; the annual salary of the corporation
counsel shall be fixed each year by the common council at an
amount not exceeding two thousand five hundred dollars; the
annual salary of each of the assessors shall be eight hundred
dollars; the annual salary of the city engineer shall be fixed
each year by the common council at an amount not exceeding
eighteen hundred dollars; the annual salary of the superintend-
ent of streets shall be fixed each year by the common council
at an amount not exceeding fifteen hundred dollars; the annual
salary of the health officer shall be fixed each year by the com«
missioners of health at an amount not exceeding one thousand
dollars; the chief or captain of police shall receive a monthly
salary of ninety dollars; the sergeant of police, a monthly sal-
ary of eighty dollars; the patrolmen, other than special police-
men, a monthly salary not exceeding seventy-five dollars, to
be fixed by the police commissioners; the commissioners of deeds
shall receive the compensation now provided by law to be re-
ceived by them. The supervisors, justices of the peace, city
sealer of weights and measures and keeper of the public pound,
respectively, shall be entitled to the same compensation for
their services as the corresponding officers in the towns are
entitled to receive for like services; the inspectors of election
and such other officers as are authorized to be appointed by
general law shall receive such compensation as is provided by
general law, unless otherwise herein provided. No other ap-
pointive officer of the city shall be entitled to receive from the
city any compensation for his services unless otherwise provided
by this act or by general law.

§ 5. Article two of said act is hereby amended by adding a
new section thereto to be known as section twenty-one, which
shall read as follows:

§ 21. Comptroller. — ^The common council of the city of New
Bochelle shall convene within two weeks after this act shall
have become a law, and shall, in the same manner as vacancies
are filled in elective offices other than by expiration of term,
proceed to elect a resident citizen of said city to serve as comp-

842 LAWS OF NEW YORK. [Chap.

troUer thereof until the first day of January, nineteen hundred
and four. The comptroller so elected, and his successors in
ofiQce, shall, before entering upon the discharge of his duties,
take and file the official oath in accordance with article thirteen
of the constitution, and section ten of the public officers' law,
and shall also execute and file a bond with two or more sureties
or some solvent surety company of this state in such penal sum
as may from time to time be fixed by the common council, not
less however than the sum of five thousand dollars, in accord-
ance with section sixteen of the statutory construction law,
and sections eleven, twelve and thirteen of the public officers'
law, and for omission so to do he shall be subject to the pen-
alties and liabilities prescribed by section forty-two of the penal
code, and sections twelve, fifteen and twenty of the public
officers' law; such bond shall be approved by the common council
and filed with the city clerk.

§ 6. Article three of said act is hereby amended by^ adding
thereto a new section to be known as section thirty-six-a, and
which shall read as follows:

§ 36-a. General powers and duties of the comptroller. — ^Tlie
comptroller shall keep a separate account with every depart-
ment of the city for which funds are especially raised by tax
or by assessment for local or other improvements. All bills
or claims that have been presented against the city to the
common council, or any department, or any officer thereof, shall
before action thereon be referred to the comptroller for exami-
nation and report. All warrants and drafts must be presented
to the comptroller to be countersigned by him before they are
paid from the city treasury. He may examine any person in-
terested in any bill or claim against the city, or such persons
as he may deem necessary, under oath or affirmation, to ascer-
tain the correctness of such bills or claims, and he is hereby
and for such purposes given the power to take oaths and affir-
mations within the said city to the same extent as commission-
ers of deeds in cities. He shall require all warrants or drafts
presented to him for approval to state particularly against
which funds said warrants or drafts are drawn, and he shall not
at any time permit any moneys to be drawn from one account
to pay the bills or warrants chargeable to any other account.
The comptroller shall keep in a book for that purpose an ac-

288.] ONE HUNDRED AND TWENTY-FIFTH SESSION- 843

count of each bill, draft or warrant countersigned or approved
by' him, stating to what specific fund the same is chargeable,
and no moneys shall at any time be paid out by the treasurer
unless the bill, draft or warrant therefor be first countersigned
by the comptroller, except principal and interest upon the
bonded debts and the revenue bonds of said city; and when any
bonds or coupons are paid by the treasurer he shall immedi-
ately present them to the comptroller for cancellation. The
comptroller shall on or before the tenth day of January in each
year make and file a report and accurate detailed statement
of the financial condition of the said city on the first day of
January next preceding, showing the amount of the receipts
and expenditures of the city during the previous fiscal year,
the sources from which the funds of the said city have been
derived, the persons by whom all moneys have been paid in
and the persons to whom, and the funds from which all expendi-
tures from the treasury during such yearwere paid; such account
to be accompanied by a statement in detail showing the several
funds belonging to the city, the amount drawn on each fund
and its then present condition, when the same are payable,
and the rate of interest on each. He shall also have power,
and upon the written request of the mayor, or any alderman,
or of any Hyg taxpayers, shall examine into the financial con-
dition of any department of the City government; and for such
purposes may issue a subpoena and compel the production of
any books or papers relating to said department, and examine
under oath any witness he may deem necessary in relation
thereto, as is heretofore provic'ed for the examination of
claimants. He shall also report the amounts that have been
drawn from the several specific funds of said city and the gen-
eral funds thereof and the balances remaining unpaid, if any,
which may be applicable to the expenses of the current year,
and such report of the comptroller shall be published in book
form for distribution on or before the first day of March in
each year. The comptroller shall also keep in a book for that
purpose a list of all bonds and certificates of indebtedness that
may be issued by the city, and said list shall at all times be
open to the inspection of any citizen of the said city.

§ 7. The committee of the common council on auditing ac-
counts and the office of clerk to said committee are abolished.

844 LAWS OF NEW YORK. {Cbxb.

and the said committee shall forthwith turn over to the comp-
troller all records, papers and documents of or belonging to
such committee, and all the powers and duties now possessed
by said committee on auditing accounts shall be vested in the
comptroller.

§ 8. All acts or parts of acts, general or special, inconsistent
with this act, are hereby repealed.

g 9. This act shall take effect immediatelj.

AN ACT to amend the domestic relations law, in relation to the

rights of married women.

Became a law, AprU 2, 1902, with the approval of the Oovoitor. iEused,

three-fifths being present

* The People of the State of New Torkj represented in Senate and
Assembly^ do enact as follows:

^jwjJJ Section 1. Chapter two hundred and seventy-two of the laws

l^emtod. of eighteen hundred and ninety-six, entitled "An act in relation

to the domestic relations, constituting chapter forty-eight of

the general laws,'' is hereby amended by adding the following

section to article three:

§ 30. Married woman's right of action for wages, et cetera. —
A married woman shall have a cause of action in her own sole
and sepai^ate right for all wages, salary, profits, compensation
or other remuneration for which she may render work, labor
or services, or which may be derived from any trade, business
or occupation carried on by her, and her husband shall have
no right or action therefor, unless she, or he, with her knowl-
edge or consent, has otherwise expressly agreed with the per-
son obligated to pay such wages, salary, profits, compensation
or other remuneration. In any action or proceeding in which
a married woman or her husband shall seek to recover wages,
salary, profits, compensation or other remuneration for which
such married woman has rendered work, labor, or services, or
which was derived from any trade, business or occupation car-
ried on by her or in which the loss of such wages, salary, profits,
compensation or other remuneration shall be an item of damage

290.3 ONE HUNDRED AND TWENTY-FIFTH SESSION. 845

claimed by a married woman or her husband, the presumption
of law in all such cases shall be that such married woman
is alone entitled thereto, unless the contrary expressly appears.

§ 2. The foregoing section shall not affect any right, cause
of action or defense existing before the date when this act shall
take effect.

§ 3. This act shall take effect immediately.

Chap. 290.

AN ACT to change the corporate name of the American deposit
and loan company to the equitable trust company of New
York.

Became a law, April 2, 1902, with the approval of the Goyemor. Passed,

a majority being present.

TTie People of the State of New 7<yrkf represented in Senate and
Assembly y do enact as follows:

Section 1. The name of the "American Deposit and Loan Com- SST***
pany," a corporation incorporated and doing business under ***"
chapter six hundred and four of the laws of eighteen hundred
and seventy-one, as amended by chapter five hundred and fifty-
seven of the laws of eighteen hundred and ninety-five and by
chapter eight hundred and thirty-nine of the laws of eighteen
hundred and ninety-six, is hereby changed to "The Equitable
Trust Company of New York."

§ 2. This act shall take effect on the first day of May, nine- SkSTeSirt
teen hundred and two.

Ctiap. 291.

AN ACT to amend the code of civil procedure, in relation to
the exemption from jury duty of telegraph operators.

Became a law, AprU 2, 1002, wi1:h the approval of the Governor. Passed*

three-fifths being present.

The People of the State of New Torkj represented in Senate and
Assemhltf, do enact as follows:

Section 1. Subdivision ten of section ten hundred and thirty
of the code of oiyil procedure is hereby amended to read as prwedur"
followis ""-^^

Code of

ClTll

846 LAWS OP NEW YORK. [Chap.

10. A superintendent, conductor, or engineer, employed by
a railroad company, other than a street railroad company; or
an operator or assistant operator, employed by a press associ-
ation or a telegraph company; who is actually doing duty in an
office, or along the railroad or telegraph line of the company
or association, by which he is employed.

§ 2. Subdivision eight of section ten hundred and eighty-one
of the code of civil procedure is hereby amended to read as
follows:

8. A superintendent, conductor, or engineer, employed by a
railroad company, other than a street railroad company; or a
telegraph operator employed by a press association or a tele-
graph company, who is actually doing duty in an office or along
the railroad or telegraph line of the company or association by
which he is employed.

§ 3. Subdivision seven of section eleven hundred and twenty-
seven of the code of civil procedure is hereby amended to read
as follows:

7. A superintendent, conductor, or engineer, employed by a
railroad company, other than a street railroad company; or a
telegraph operator, employed by a press association or a tele-
graph company, who is actually doing duty in an office, or along
the railroad or telegraph line, of the company or association,
by which he is employed.
IS^SisL § 4. This act shall take effect September first, nineteen hun-
dred and two.

AN AOT to amend the forest, fish and game law, relatlTe to
fishing through the ice in the waters of the town of North

East in Dutchess county.

Became a law, April 2, 1902, with the approval of the Oovemor. P^BSsed,

three-fifths being present

The People^ of the State of New Tork, represented in Senate and

Assembly, do enact as follows: •

onmeiaw Sectiou 1. Sectiou fifty-nine of chapter twenty of the laws of
nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws,'' is hereby amended to read as follows;

283.] ONE HUNDRED AND TWENTY-FIPTH SESSION. 847

§ 59. Exceptions to last section. — BullheadB, catfish, eels, perch
and snnfish, and except during the months of March and
April, pickerel may be taken through the ice with a hook and line
or tip-nps in the waters of the town of North East, Dutchess
county, not inhabited by trout. Lake Keuka, or Crooked lake,
Queechy lake, or the waters of Sullivan county not inhabited by
trout and in Lake Neatahwanta, Oswego county; in Owasco
lake from the head thereof to a line rxmning across the lake
from a ravine just south of the cottage now owned by E. G.
Pulver on the west shore to the ravine just north of the cot-
tage now owned by James Foster on the east shore thereof; and
in Honeoye lake, Oanadlce lake and Cone«>rs lake except in March
and April; and by set lines through the ice in the Susquehanna
river and in the Chenango and XTnadilla rivers and their tribu-
taries in Chenango county and in the Tioughnioga and Otselio
rivers in Broome county during the same time.

§ 2. This act shall take effect immediately.

AN ACT to amend subdivision three of section forty-six of the
legislative law relative to the distribution of session laws.

Became a law, April 2; 1902, with the approval of the Oovemor. Passed*

a majority being present

The People of the State of New York, represented in Senate and
AsBemUyy do enact as foUaws:

Section 1, Subdivision three of section forty-six of the legis- LetwatiTt
lative law is hereby amended so as to read as follows: •mended.

3, One copy to each of the following officers: Each town clerk, gJ*«J5^
for the use of the town; each district Attorney, the clerk of ■**''*»^
each board of supervisors, for the use of the board; each surro-
gate, except where the county judge acts as surrogate, for the
use of the surrogate's court; to the county treasurer of each
county; each jury commissioner, in counties in which the office
of jury commissioner has been created; to the mayor of each
city, for the use of the dty; and to each village clerk. Every
such officer shall deliver such copy of the session laws to bis
successor in office.

§ 2. This act shall take effect immediately.

848 LAWS OP NEW YORK. £Chap.

AN ACT to provide for the licensing of dogs in cities of the
second class, for the care and protection of lost, strayed and
homeless dogs, for securing and protecting the rights of the
owners thereof, and for the protection of the public.

Became a law, April 2, 1902, wilii the approval of the Ooyernor. Passed,

three^flfths being present

The People of the State of New York, represented in Senate and
Assemhly, do enact cm follows:

Section 1. License><fee«

2. Unlicensed dogs not to be owned or to run at large.

3. Licenses, by whom granted.

4. Description of dog.
B. Collar to be worn.

6. Record of license.

7. Term and renewal of license.

8. Seizure of unlicensed dogs.

9. Possession of dog, how resumed.

10. Person harboring dog deemed owner.

11. Mayor may prohibit dogs from running at large.

12. Interference with olBceir or other person.

13. Dog kennels.

14. Contracts for seizing and impounding dogi.

15. Violation of act, how punished.

16. Act not to apply to certain dogs.

17. Repeal.

18. When to take efFeet

Section 1. license fee. — Eyery person who owns or harbors
any dog within the corporate limits of any city of the second
class who desires to maintain or preserve any right of prop-
erty In such dog must procure yearly a license for the dog so
owned or harbored and shall pay therefor the sum of one dolK.r.

§ 2. ITnlieensed dogs not to be owned or to ran at large.—
It shall be unlawful hereafter for any dog to be owned, pos-
sessed* or harbored, or to run or be at large in any of the streets,
alleys, parks or public places within the corporate limits of any

294.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 849

city of the second class, without being duly licensed and wear*
ing the metal tag as herein provided.

§ 3. Licenfles; by whom granted. — The license shall be
granted upon application to the city clerk, shall be signed by the
mayor's clerk and shall continue in force until the first day of
May next ensuing after its issue. Every person receiving such
license shall pay the license fee hereinbefore mentioned to the
city clerk, who shall daily deposit the sums of money so re-
ceived with the treasurer of the city.

§ 4. Description of dog.— rin applying for such license, the
owner shall state in writing the mame, sex, breed, age, color
and marking of the dog for which a license is to be procured.

§ 5. Collar to be worn. — Every dog so licensed must wear
around its neck a collar to which shall be attached a metal
tag, distinctly marked with the year in which the same is
issued, and a number designated by the city clerk, which num-
ber shall be stated in the license granted. Such metal tag
shall be furnished by the city, and the use of any other tag as
a substitute therefor shall be a misdemeanor, and upon con-
viction shall be punished by a fine of not less than fifty dollars,
or by imprisonment for not less than fifty days, or by both
such fine and imprisonment.

§ 6. Becord of licenses. — ^The city clerk shall keep in a book
to be provided for that purpose a record of all dog licenses
granted, with the name and residence of the person to whom
issued, and the number designated upon the metal tag furnished
therewith,

§ 7. Term and renewal of license. — Licenses granted under
the provisions of this act shall date from the first day of May
in each year, and must be renewed on expiration by the payment
of one dollar for each renewal. The certificate of license or
renewal shall be granted upon a similar application to that
made in applying for the original license, and shall state the
name and address of the owner of the dog and also the number
of such license or renewal. No license shall be transferred
without the consent of the city clerk endorsed thereon.

§ 8. Seizure of unlicensed dogs. — It shall be lawful for any
peace officer or any person duly authorized in writing by the
m^yor or for the poundmaster or any of his duly authorized

850 LAWS OP NEW YORK. [Chap.

assistants, or for the dulj authorized representatives of a person
or corporation under contract with the city, to capture, seize and
deliver to the public pound or any suitable place^to be approved
by the mayor any dog found running at large in any of the
streets, alleys, parks or public places within any city of the
second class, not licensed, and not wearing the metal tag as pro-
vided by this act.

§ 9. Possession of dog, how resumed. — ^Any dog so seized and
impounded may be redeemed . by any person producing the
license thereof, and proving ownership of such dog within sev-
enty-two hours after such seizure and impoundage. If it shall
be shown that the license so produced was issued prior to the
time when such dog was so seized or impounded, no payment
shall be exacted for the return of the dog; otherwise, before
the owner shall be permitted to resume possession of the said
dog, he shall pay the sum of two dollars to the city clerk who
shall thereupon issue an order directing the return of such dog
to the owner. All sums of money so received shall be depos-
ited with the city treasurer in like manner as the license fees
hereinbefore provided for. If the owner of a dog seized or im-
pounded under the provisions of this act does not resume its
possession by compliance with the foregoing provisions within
seventy-two hours after the seizure and impounding thereof he
shall forfeit, all right of property in such dog.

§ 10. Person harboring dog deemed owner. — Any person own-
ing or harboring a dog for three consecutive days shall be
deemed to be the owner thereof.

§ 11. Mayor may prohibit dogs from running at large. —
Whenever the mayor of any city of the second class shall deem
it necessary for the protection of the public, he shall issue an
order prohibiting for a certain time therein specified, any or
all dogs from running at large in any public street or place
within such city, unless such dogs be securely muzzled or led
by a line or chain, so as to effectually prevent them from biting
any person or animal. Such order shall be published in the
official newspapers of the city for such time as suoh mayor shall
deem necessary.

§ 12. Interference with officer or other person. — ^No person
shall molest or interfere in any way with any peaoe officeri
poundmaster or any of his duly authorized assistants, or with

294.] ONE HUNDRED AND TWENTY-FIFTH SESSION, 851

the duly authorized agents of any person or corporation under
a contract with a city while engaged in performing work under
the provisions of this act. A violation of the provisions of this
section shall be a misdemeanor and upon conviction thereof
shall be punished by a flue of not less than twenty-five dollars,
or by imprisonment for not less than twenty-five days, or by
both such fine and imprisonment. .

§ 13. Dog kennels. — ^The poundmaster, under the direction of

the mayor of any city of the second class shall have power to

construct a suitable building for a dog pound and shelter for

lost, strayed or homeless dogs, the cost of which shall be paid

from the license fees collected under the provisions of this aot«

§ 14. Contracts for seizing and impounding dogs. — ^The mayor

of any city of the second class instead of authorizing the con-

struction of a building as provided in the last section may, in

his discretion, contract with an incorporated society for the

prevention of cruelty to animals having jurisdiction in such

city, for the capture and impoundage of all unlicensed dogs, and

for the maintenance of a shelter for lost, strayed or homeless

dogs therein, provided, however, that the compensation to be

paid to such person or corporation by such contract shall not

exceed in any one year the amount collected by the city from the

payment of license fees during the current year for which such

contract is made. The mayor may prescribe in the contract the

manner in which the work is to be done and in which payments

are to be made by the city thereunder and may also direct the

disposition to be made of any and all dogs seized pursuant to the

provisions of this act. The mayor shall also have power to order

the destruction of any dog which he may deem dangerous or

vicious, whether licensed or not, after three days written notice

to and an opportunity to be heard by the owner of such dog.

§ 15. Violation of act, how punished. — Any person violating
any of the provisions of this act, for which no other penalty
is provided, shall be guilty of a misdemeanor, and upon convic-
tion shall be punished by a fine of not less than five nor more
than ten dollare, or by imprisonment for not less than five nor
more than ten days, or by both such fine and imprisonment.

§ 16. Act not to apply to certain dogs. — ^The provisions of this
act shall not apply to dogs owned by non-residents passing

852 LAWS OP NEW YORK. [Chap.

through anj city of the second class, nor to dogs brooght to any
such citj and entered for exhibition at any dog show.

§ 17. Bepeal. — All laws and the city ordinances of any city
of the second class inconsistent with the provisions of this act
are hereby repealed.
ZSS^t. § 18. When to take effect.— This act shall take effect on the
first day of April, nineteen hundred and two.

AN ACT to amend the personal property law, relatiye to Inyest-

ment of trust funds.

Became a law, April 2, 1902, with the approyal of the Qoyemor. Passed,

three-fifths being present

The People of the State of New Tork, represented in Senate and
Aaseniblyf do enact as follows:

Section 1, Section nine of chapter four hundred and seyenteen

propanj

iSTtadti. o' ^^^ l^^s of eighteen hundred and ninety-seyen, entitled '^An
act in relation to personal property, constituting chapter forty-
seyen of the general laws'' is hereby amended to read as
follows :

§ 9. Inyestment of trust funds. — ^An executor, administrator,
guardian, trustee or other person holding trust funds for inyest-
ment may inyest the same in the same kind of securities as
those in which sayings banks of this state are by law author-
ized to inyest the money deposited therein, and the income
deriyed therefrom, and in bonds and mortgages on unincum-
bered real property in this state worth fifty per centum more
than the amount loaned thereon.

§ 2. This aot shall take effect immediate!;*

296.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 853

AN ACT to amend the Indian law, in relation to the erection of
poles and wires on the Tonawanda reservation.

Became a law, April 2, 1002, with the approval of the Goyemor. Passed,

three-fifths being present.

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

Section 1. Section six hnndred and seventy-nine of the laws mdiMiaw

*' amended.

of eighteen hnndred and ninety-two, entitled "An act in rela-
tion to Indians, constituting chapter five of the general laws,"
is hereby amended by adding at the end of article five a new
section to be section eighty-nine thereof and to read as follows:
§ 89. Poles and wires on reservation. — Any company may
erect poles and wires, and other necessary fixtures thereto,
across the lands of the Seneca Indians on the Tonawanda
reservation, provided the company shall pay to the Indians to
whom allotments have been made, and on whose premises tele-
phone or telegraph poles for the purpose of supporting wires,
have been or may hereafter be erected, damages therefor, in case
of inability to agree thereon, to be ascertained in the manner
provided in the condemnation law by commissioners to be ap-
pointed by the supreme court in the manner provided by said
condemnation law. And in case the poles are erected on
lands that have not been allotted to any Indian, then
the said company shall pay a like sum to the district
attorney of Genesee county, who shall distribute the same
in accordance with the provisions of section eighty-five
of article five of the Indian law. And in case any com-
pany may have already erected poles, or in case any com-
pany may hereafter erect poles without paying therefor in
accordance therewith, then the said Indians are authorized to
maintain actions of ejectment against 'the company therefor,
in the same manner as citizens of this state, and as if they were
owners in severalty of the lands so allotted to them. In case
the lands are not allotted, then such an action may be
prosecuted in the name of the Tonawanda band of
Seneca Indians. The provisions of this act shall not apply to the
existing lines of any such company which has heretofore

854 LAWS OF NEW YORK, [Chap.

obtained the oonsent of said Beneca Indians to the erection of
such existing lines and shall have paid a valuable consideratioD
for the same, so far as such existing lines have been erected upon
lands that have not been allotted.
§ 2. This aot shall take effect immediatelj*

AN ACT to amend the insurance law, in relation to partner-
ships or associations known as Lloyds or as individual under-
writers.

Became a law, April 2, 1002, with the approval of the Qovemor. Passed,

a majority being present.

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

insnnuiM Sectiou 1. Soctiou fiftj-seveu of chapter six hundred and
amende<L ninety of the laws of eighteen hundred and ninety-two, en-
titled ^^An act in relation to insurance corporations, consti-
tuting chapter thirty-eight of the general laws," is hereby
amended so as to read as follows:

§ 57. Application of article limited. — The provisions of this
article shall not apply to the corporations specified in nr tides
seven and nine of this chapter, or to any town or county co-
operative insurance corporation incorporated under any special
act of the legislature, for purposes similar to those for which
corporations may be formed under article nine, nor to any
corporation, subject to the supervision of or required by or in
pursuance of law and to report to the superintendent of the
banking department, nor to any individual- or partnership or
association of underwriters known as Lloyds or as individual
underwriters which, on the first day of October, eighteen hun-
dred and ninety-two, was lawfully engaged in the business of
insurance within this state and not required by law to report
to the superintendent of insurance or the insurance depart-
ment or subject to their supervision or examination, nor to
any such association, notwithstanding any change hereafter
made therein by the death, retirement or withdrawal of any of
such underwriters or by the admission of others to such asso-

298.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 855

ciation. Every partnership or association pt underwriters
known as Lloyds or as indlyidual underwriters which, on the
first day of April, nineteen hundred and two, is lawfully en-
gaged in the business of insurance in this state, or which may
be lawfully entitled to engage in the business of insurance in
this state, shall file with the superintendent of insurance, on
or before the first day of September, nineteen hundred and
two, a copy of its original articles of association or copart-
nership agreement, together with any amendments thereto, ver-
ified by the affidavit of one of the members of such association
or copartnership, to the effect that the same is a true copy of
such original articles of association ot copartnership agree-
ment and of such amendments; and stating where the prin-
cipal office of such copartnership or association is located; and
also stating the kind or kinds of business in which it is en-
gaged, and the name or names under which it is or has been
doing business. It shall not be lawful for any such association
or copartnership to engage in or transact the business of in-
surance, after September first, nineteen hundred and two^ un*
less it has complied with the foregoing provision.
§ 2. This act shall take effect immediately*

AN ACT to amend subsection nine of section one of ohapten
five hundred and ninety-one, relating to the division of the
state into congressional districts.

Became a law, Aprtt 2, 1002, with the approval of the Governor. Passed,

three-fifths being present

The People of the State of New York^ represented in Senate and
A88emUi/, do enact as follows:

Ninth district. — ^That portion of the second assembly district Bmindariea

■^ •'of ninth

of the county of New York, bounded on the north by Division foiaid*^
street from Catherine street to Market street; on the south by ^"^^
Monroe street from Catherine street to Market street; on the
east by Market street from Division street to Monroe street;
on the west by Catherine street from Division street to Monroe
street; that jwrtion of the fourth assembly district of the

856 LAWS OF NEW YORK. [Chap.

county of New York, bounded on the north by Division street
from Market street to Montgomery street; on the south by the
East river, from Market slip to Clinton street; on the east by
Montgomery street from Division street to Henry street, to the
southwest corner of Henry street and Montgomery street, run-
ning diagonally through the middle of said block, to the north-
east corner of Madison street and Clinton street, south to Clin-
ton street and the East river, on the west by Market street
from Division street to Monroe street, east to Mechanic alley
west to Market slip and south to the East river; that portion of
the eighth assembly district of the county of New York bounded
as follows : on the north by Stanton street from Chrystie street
to Ludlow street; on the south by Division street from
Chrystie street to Norfolk street; on the east by Ludlow street
from Stanton street to Broome street, east to Norfolk street,
Norfolk street from Broome street to Division street; on the
west by Chrystie street from Stanton street to Division street;
that portion of the tenth assembly district of the county of
New York, bounded on the north by Stanton street, from Lud-
low street to Clinton street; on the south by Broome street
from Ludlow street to Norfolk street, north to Bivington street,
east to Clinton street, on the east by Clinton street, from
Stanton street to Bivington street, west to Norfolk street, south
to Broome street; on the west by Ludlow street from Stanton
street to Broome street; that portion of the twelfth assembly
district of the county of New York, bounded on the north by
Bivington street, from Norfolk street to Cannon street, on the
south by Division street, from Norfolk street to Pitt street,
north to Grand street, east to Sheriff street, north to Broome
street, east to Cannon street; on the east by Cannon street,
from Bivington street to Broome street; on the west by Norfolk
street, from Bivington street to Division street; that portion
of the sixteenth assembly district of the county of New York,
bounded on the north by Stanton street, from Clinton street to
Cannon street; on the south by Bivington street, from Clinton
street to Cannon street; on the east by Cannon street, from
Stanton street to Bi^rington street; on the west by Clinton
street, from Stanton street to Bivington street, shall compose
the ninth district. The boundaries of said ninth district are as
follows: Beginning at the East river and Market slip, north to

299.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 857

Cherry street, east to Mechanic alley, north to Monroe street,
west to Catherine street, north to Division street, east to
Chrystie street, north to Stanton street, east to Cannon street,
south to Broome street, west to Sheriff street, south to Grand
street, west to Pitt street, south to Division street, to Mont-
gomery street, south to southwest corner of Henry and Mont-
gomery street, diagonally through the middle of said block to
the northeast corner of Madison street and Clinton street, south
to South street at East river, thence along the East river to
the point or place of beginning.

AN ACT to amend the forest, fish and game law relative to
fines and penalties for violation of article three of the forest,
fish and game law.

Became a law, AprU 2, 1902, with the approval of the Oovernor. Pasfled*

three-fifths being present.

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

Section 1. Section sixty-nine of chapter twenty of the laws SSlSUdST
of nineteen hundred, entitled ''An act for the protection of the
forest fish and game of the state, constituting chapter thirty-
one of the general laws,'' is hereby amended to read as follows:

§ 69. Penalties. — A person who violates any of the provisions
of this article is guilty of a misdemeanor and in addition thereto
is liable as follows: For each violation of section forty-three
in relation to waters inhabited by trout, of section fifty-two
and fifty-three in relation to polluting streams, section fifty-four
relating to drawing off water, section fifty-six in relation to
explosives, section sixty in relation to transportation of fish,
section sixty-three in relation to the use of nets and angling and
section sixty-six in relation to thumping, a penalty of sixty dol-
lars for all other violations of said article a penalty of twenty-
five dollars and an additional penalty of ten dollars for eaoh
flsh taken or possessed in violation thereof.

§ 2. This act shall take effect immediately.

858

LAWS OP NEW YORK.

[Ohap.

Firecom-

mlasIODer

authorised

to grant a

future

penaloB.

Chap. 300.

AN ACT to permit and empower the trustee of the relief fond
of the fire department of the city of New York to grant a
future pension to Mary Bowen, the foster mother of Pet^r F.
Bowen, a deceased fireman.

Accepted by the city.

Became a law, April 2, 1902, with the approval of the QoTemor. Paswd,

three-flftbs being present

The People of the State of New Torkj represented in B0naie and

Assembly y do enact as follows:

Section 1. The fire commissioner of the city of New York as
trustee of the relief fund of the said fire department is hereby
empowered and authorized, if in his discretion he deems the
same proper, to grant a future pension to Mary Bowen, the
foster mother of Peter F. Bdwen, a member of the fire depart-
ment of the city of New York of the first grade, who lost his
life while actually engaged in the performance of his duty at
a fire on the twenty-ninth of March, nineteen hundred, the same
as if the said Peter F. Bowen, deceased, had been the ohiM of
the said Mary Bowen.

§ 2. This act shall take effect immediately*

ActB

amended.

Chap. 301.

AN ACT to amend chapter two hundred and slxty^iilne ^ tht
laws of eighteen hundred and ninety-seven, entitled ''An act
to provide for the construction and maintenance of bridges
over the waters between cities and towns or incorporated
villages in said towns,'' as amended by chapter five hundred
and ninety-one of the laws of eighteen hundred and ninety-
eight and by chapter two hundred and thirty-two of the laws
of eighteen hundred and ninety-nine, relating to city and town
bridge bonds.

Became a law, April 2, 1902, with the approTVl el Ite Governor. Fassedi

a majority being present.

The People of the State of Neip York, represented in Senate and
Assembly, do enact as foUows:

Section 1. Section four of chapter two hundred and sirty-nine
of the laws of eighteen hundred and ninety-seven, entitled "An

302.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 859

act to provide for the construction and maintenance of bridges
over the waters between cities and towns or incorporated villages
in said towns," as amended by chapter five hundred and ninety-
one of the laws of eighteen hundred and ninety-eight and by
chapter two hundred and thirty-two of the laws of eighteen bun-
dled and ninety-nine, is further amended as follows:

§ 4. In order to pay for the said bridges the city and town J2J*f°*
shall each have power to issue bonds to be known as bridge bonds ^Si
of the said city and town, respectively, by the oflScers thereof,
and in the manner provided by law for the issue of other bonds
of said city and of said town, to an amount necessary to pay
their respective proportions of the said bridges, which shall be
borne by said city and town in the proportion of their equalized
asseaoed valuation of taxable property, at the time of the final
resolution of said city and town authorizing the construction of
the said bridges. The total amount of such bonds to be issued
by the city shall not exceed seventy-five thousand dollars,
or by a towii twenty thousand dollars. Said bonds shall not
be sold for less than the par value thereof, and accrued interest, if
any; shall mature and be payable at a time not over thirty years
from date; be of such denomination and bear such interest, not to
exceed five per centum per annum, as the common council of the
city, in case of a city; or the town board, in case of a town, shall
determine. The proceeds of said bonds shall be paid to the ofSUSSS
proper officer for receiving funds of each municipality, and
credited to a fund which shall be known as the bridge fund, and
shall only be paid out by warrants as other funds of said dtj
or town are paid out.
§ 2. Thia act shall take effect immediately.

Chap, 302.

AN ACT to amend the code of criminal procedure, relative to

commitment of prisoners.

Became a law, April 2, 1002, with the approval of the Qovemor. Passed,

three-flftbs being present

Tlie People of the State of New York, represented in Benate and
Assembly, do enact as follows:

Section 1. Section nine hundred and three of the code of crim- SrtJJiSli
iual procedure is hereby amended so as to read as follows: S^wdSST

860 LAWS OF NEW YORK. [Chap.

§ 903. Certificate to constitute record of oonTiotion, and to
be filed; oonunitment tbereon. — ^The magistrate must immedi-
ately cause the certificate, which constitutes the record of con-
viction, to be filed in the oflSce of the clerk of the county, and
must, by a warrant signed by him with his name of office, com-
mit the defendant to the county jail, or in the city of New York,
to the city prison or penitentiary of that city, or in the county
of Kings, to the penitentiary of that county, or in the county of
Monroe, to the penitentiary of that county, for not exceeding
six months at hard labor, or until he gives the security pre-
scribed in section nine hundred and one.

§ 2. This act shall take effect inmiediately.

Chap. 303.

AN ACST to amend the forest, fish and game law, relative to

spearing fish in the Niagara river.

Became a law» AprU 2, 1902, with the approval of the Qovemor. PasseU,

three-fifths being present

The People of the State of New Torkj represented in Senate and
Assembly y do enact as follows:

oameiAw Scction 1. Sectiou seventy-one of chapter twenty of the laws
of nineteen hundred, entitled ^'An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws," as amended by chapter six hundred
and fifty-two of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 71. Fishing in Niagara river. — When licensed by the com-
mission, seines may be used in the Niagara river in November,
December, January and March to take fish, except black bass
and muskallonge. Fish except black bass, yellow pike, lake
trout, white fish, pickerel and muskallonge may be taken by
seine, machine or trap by citizens of the state in that part of
the Niagara river in the town of Lewiston, Niagara county,
during the time when Canadians may lawfully fish with such
devices in said river on the Canada side opposite the town of
Lewiston, provided a license therefor has been granted by the
commission. The commission shall, on the execution of a satis
factory bond, conditioned for the payment to the people of the

304.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 861

state of the sum of one hundred dollars, if the holder of the
license shall violate any of the provisions of this chapter as to
Niagara river, while the license is in force, and upon the pay-
ment of five dollars for each seine, machine or trap license,
grant such a license, unless the applicant has been convicted of
violating a provision of this act, or his bond adjudged forfeited.
Fish which may not be lawfully taken under the provisions of
this section, shall, if unintentionally taken, be immediately re-
turned to the water alive and without unnecessary injury.
Pish which may be lawfully taken with nets may be speared
between the falls of Niagara and the north line of the village of
Lewiston.
§ 2. This act shall take effect immediately*

Chap. 3(M.

AN ACT to amend the forest, fish and game law In relation to
use of nets to catch fish in certain waters of Jefferson
county.

Became a law, April 2, 1002, with the approval of the Gfovernor. PaBsed,

three-fifths being present

The People of the State of Neto Yorky represented in Senate and
Assembly, do enact as follows:

Section 1. Section seventy-three of chapter twenty, of theo»mei«f»
laws of nineteen hundred, the title to which is "An act for the
protection of the forests, fish and game of the state, constituting
chapter thirty-one of the general laws *' as amended by chapter
six hundred and fourteen of the laws of nineteen hundred and
one, is hereby amended so as to read as follows:

§ 73. Ifetfl in Lakes Ontario and Erie. — ^Fish may be taken
with nets, in the waters of Lake Erie except within one-half
mile of the shores or islands thereof, and within five miles of
the mouth of Cattaraugus creek; and in Lake Ontario except
within one mile of the shores or islands thereof and within
three miles of the mouth of the Niagara river; but in the
county of Erie pound nets, trap nets or fyke nets shall not be
used. Sturgeon, less than three feet long taken under this sec-
tion, shall be at once returned to the waters where taken, alive

862 LAWS OF NEW YORK. [Chap.

and withont unnecessary injury. Black bass must not be
taken with nets in the waters of Jefferson county. Fishermen
licensed to fish in said lakes may hang or reel licensed nets on
the shores thereof to clean and dry the same.

§ 2. Section seventy-four of said chapter twenty of the laws
of nineteen hundred is hereby amended so as to read as follows:

§ 74. Nets in ClLauniont bay and adjacent waters. — The
waters and bays of Lake Ontario, in the county of Jefferson,
within one mile of the shore, between Horse island, in the town
of Hounsfield, and the town line between the towns of Lyme
and Cape Vincent, except the waters within one mile of Stony
island. Calf island or of the Galloup islands, are so far excepted
from the provision of this act as to permit the taking of fish by
nets therein from October first to April thirtieth, provided that
a net shall not be set until license therefor has been granted by
the commission. The commission shall on the execution of a
satisfactory bond, conditioned for the payment to the people
of the state of the sum of one hundred dollars if the holder
of the license shall violate any of the provisions of this section
as to black bass or muskallonge while the license is in force,
grant such a license and may license the use of sturgeon nets
of not less than five inch bar at any time or of hoop or fyke and
trap nets during the month of May unless the applicant has
been convicted of violating this section or his bond adjudged
forfeited. The license fee shall be one dollar for a net, and a
single license may be for five nets. All black bass and muskal-
longe caught in nets set pursuant to this section shall be im-
mediately returned to the water alive, and without unnecessary
Injury.

§ 3. This act shall take effect immediately.

30il ONE HUNDRED AND TWENTY-FIFTH SESSION. 863

Chap. 305.

AN ACT to amend chapter one hundred and fifty-two of the
laws of eighteen hundred and ninety-nine, entitled "An act
in relation to the use of bicycles on side-paths, for licensing
bicycles, for the appointment of side-path commissioners, and
to provide for the construction, maintenance, regulation,
preservation and shading of side-paths," relative to the
powers of deputy sheriffs.

Became a law, April 2, 1902, with the approval of the Governor. Passed*

three-fifths being present

The People of the Siate of New York, represented in Senate and
A88emUyy do enact as follows:

Section 1. Section eleven of chapter one hundred and fifty-two amended.
of the laws of eighteen hundred and ninety-nine, entitled "An
act in relation to the use of bicycles on sidepatbs, for licensing
bicycles, for the appointment of sidepath commissioners, and
to provide for the construction, maintenance, regulation, preser-
vation and shading of sidepatbs,'' as amended by chapter six
hundred and forty of the laws of nineteen hundred, is hereby
amended to read as follows:

§ 11. Any person who rides a bicycle on any sidepath in this S^t**"
state in violation of any of the sections of this act, or does any
of the acts by the provisions of this law forbidden, is guilty of a
misdemeanor, and shall be punishable by a fine of not less than
five nor more than twenty-five dollars, and in case of failure to
pay any fine that may be imposed, such person may be com-
mitted to jail not exceeding one day for each dollar of such fine.
The sheriff of any county, and all deputy sheriffs appointed dStiefot
by him, are authorized to do all the acts and perform all the
duties with respect to violations of this act, that constables may
do or perform; and shall be entitled to receive the same fees
that constables receive for such services, to be audited and paid
in the same manner that constables' fees for such services are
audited and paid.

§ 2. This act shall take effect immediatelj.

864 LAWS OF NEW YORK. [Chap.

Ctiap, 306.

AN AOT to amend chapter one hundred and seventeen of the
laws of eighteen hundred and eighty-three, entitled "An act
to amend, consolidate and revise the charter Of the village of
Peekskill and the several acts amendatory thereof,'* relative
to village elections.

Became a law, April 2» 1902, wltii the approyfd of the Governor. Passed,

three-fifths being present.

r/w People of the State of New Yorky represented in Senate and
Assembly y do enact as follows:

S1!?S Section 1. Section four of title two of chapter one hundred

amenttod. ^^^ seventeen of the laws of eighteen hundred and eighty-threo,
entitled "An act to amend, consolidate and revise the charter
of the village of Peekskill and the several acts amendatory
thereof, *' is hereby amended to read as follows:

5ffl<SS£" *' § ^« ^^ election of the elective officers of said village shall
be held annually, on the first Tuesday of March, at one o'clock
in the afternoon and continue until seven o'clock of the same
day, at such places, in each of said wards and in such districts

S?S!!SS?o? tlierein, as shall be designated by said board of trustees; notice
of which election shall be published for two consecutive weeks
immediately preceding said election in two or more of the village
newspapers.
§ 2. This act shall take effect immediatelj.

eleotlon.

Chap, 307.

5&2J AOT to amend the charter of the village of Norwich in

relation to street sprinkling.

Became a law, April 2, 1902, with the approval of the Governor. Passed,

three-fifths being present

Tlie People of the State of Neto York, represented in Senate and
Assembly y do enact as follows:

Charter Scction 1. Chapter three hundred and seventy-four of the laws

of eighteen hundred and ninety-five, entitled "An act to revise,
amend and consolidate the several acts relating to the village of
Norwich, and to repeal certain acts or parts of acts " is hereby

amended.

307.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 865

amended by adding a new section to title nine of said charter
as follows:

§ 10. Whenever a petition shall be presented to the board of pJuaoS'S
trustees signed by a majority of the persona whose names 'p'"*"^*®"
appear on the last preceding assessment roll of said village,
as having been assessed for taxes on snch roll, on account of
land which in fact constitutes in the aggregate a majority of
the linear frontage of a paved or macadamized street, or of the
portion of such street involved in said petition, exclusive of
land occupied by street intersections or owned by any munici-
pality or school district; or in case of the death of any such
assessed person by his legal representative or in case of the
sale of any such property, after such assessment, signed by
the then owner of such property; praying that the board of
trustees shall cause said street or a specified portion thereof
to be sprinkled, the said board of trustees shall be authorized
to' pass a resolution providing for the sprinkling of said street
or specified portion thereof; and they shall be authorized to
enter into a contract for the sprinkling thereof and to provide contract

*^ ^ ■^ forsprlnk-

for the payment of the expense thereby incurred, which shall ""«•
be apportioned in the same manner as the expense of pavement
is apportioned under title twelve of this charter, and said trus-
tees are authorized to provide by general taxation for the pay- '^"•
ment of such proportion as shall be determined to be a
village charge; and the amount which shall be determined
to be. a frontage charge shall be assessed against the
owners of the property adjacent to such paved or macadamized
street, and until paid shall be a lien and charge against such
adjacent property and shall be levied and collected from such
adjacent landowners in the same manner as other general vil-
lage taxes are collected by law. Whenever a paved or
macadamized street shall have been sprinkled under and pur-
suant to such a resolution theretofore duly passed by the said
board of trustees they shall, on or before the first publication of
the notice of the annual corporation election, by resolution
apportion the expense of said sprinkling in the manner herein
provided, and shall cause the amounts so determined to be
assessed, levied and collected as herein provided.
§ 2. This act shall take effect immediately.

866

LAWS OF NEW YORK*

[CUAIV

Election
districts,
IncreaMoL

ElM^tlon
offlcers,
duties of.

Election

law

applicable.

Chap. 308.

AN ACT anthopizing the town board of the town of Wilna,
county of Jefferson, to divide such town into election districts.

Became a law, April 2, 1902, with the approval of the Qoyernor. Passed,

three-fifths being present

3'ft6 People of the State of Neto Tork, represented in Senate an J
Assemhli/j do enact as follows:

Section 1. The town board of the town of Wilna, county of
Jefferson, shall, on or before the first day of July in the year
nineteen hundred and two, increase the number of election dis-
tricts in such town from four to five, and so alter or prescribe

the boundaries of such election districts, as to most conven-

•

iently accommodate the electors residing therein. The inspec-
tors of election and other election officers in the election dis-
tricts in such town, the boundaries of which are unchanged br
such town board, appointed pursuant to the election law, shall
continue in office until the expiration of their respective terms.
In those election districts whose boundaries are altered by the
town board of such town as provided in this act, the inspectors
of election and other election officers already appointed as pro-
vided in the election law shall perform the duties of their re-
spective offices in the election district of which they are qualified
electors, and the vacancies occurring in any of such offices be-
cause of the increase in the number of election districts in such
town, or the alteration of the boundaries thereof, shall be filled
as provided by section thirteen of the election law. The pro-
visions of section eight of the election law, relating to the
creation, division and alteration of election districts apply to
such town, except so far as they are inconsistent herewith.
§ 2. This act shall take effect immediately.

309. J ONE HUNDRED AND TWENTY-FIFTH SESSION. 867

Chap. 309.

AN ACT to provide a purchasing agent for the county of Monroe
and to repeal certain existing provisions of law relative
thereto.

Became a law, April 2, 1002, with the approval of the Governor. Passed,

three-fifths being present

Tfte People of the State of Neto York, represented in Senato iin:l
Assembly, do enact as follows:

Section 1. There shall be elected at the general election, to ^^J^/°|!
be held in the county of Monroe in November, nineteen hundred "°°'^^-
and two, and in each second year thereafter, a purchasing agent
who shall take office on the first day of January next succeeding
his election, and shall hold office for two years. He shall re- JJjJJ^**'
ceive an annual salary of two thousand five hundred dollars salary.
payable as other county salaries are paid, and may employ a
stenographer at the expense of the county at a salary of not to
exceed five hundred dollars per year. On or before the first day Appoint-

*^ •^ " mentor

of May, nineteen hundred and two, the county judge, the county SSStf""^
treasurer and the chairman of the board of supervisors of said
county shall appoint by a certificate in writing under their hands
to be filed in the office of the clerk of said county, a purchasing
agent, to serve until the first day of January, nineteen hundred
and three, to be paid at the rate and to perform the duties
herein provided. The county of Monroe shall provide an office ontet.
for the purchasing agent and the necessary books and stationery
therefor.

§ 2. The purchasing agent shall make all purchases, and all dquac
contracts for supplies, of every nature, for the county or for any
county department, office, official, building or institution, or for
which the county in any event may be liable. In case any such
purchase or contract shall involve an expense exceeding fifty
dollars, it shall be made from or let to the lowest bidder, who
in case of a contract must give adequate security, if required,
after public notice for at least three consecutive days in the
official newspaper of the county.

§ 3. All supplies furnished at the county's expense, except sappiiM.
such as are delivered to the purchasing agent, shall be receipted
for by the official, or the head of the department or office to
whiith they are delivered, and such receipt shall accompany the

868

LAWS OF NEW YORK.

[Chai-.

Rcqntal-
tlonK for

Monthlj
•latei

R^qolrf.

4l<)aa,

^ iier« filed.

sworn statement and bill when presented to the purchasing
agent. No supplies shall be delivered except as specifically
ordered by the purchasing agent. No supplies shall be deliv-
ered by the purchasing agent to any person, oflScial, department,
or institution, except on a requisition in writing from the county
official desiring the same, or in charge of the department or in
stitution for which the same are required,

§ 4. The purchasing agent shall, upon the first day of each
month, furnish to the board of supervisors a detailed statement,
showing, up to a certain day of the preceding month, all pur-
chases or contracts made by him, the quantity, price and total
charge for each, and all supplies delivered and to what official,
department or institution delivered. The board of supervisors
shall not audit nor pay any bill for supplies unless it shall fully
appear that said supplies were ordered by the purchasing agent,
and a bill therefor duly sworn to be presented to the board by
the purchasing agent endorsed with his approval. All requisi-
tions received by the purchasing agent shall be filed in his office,
and shall be open to the public under reasonable regulations
for their safety and preservation.

§ 5. Section seven of chapter six hundred and thirty-nine of
the laws of nineteen hundred is hereby repealed.

§ 6. This act shall take effect immediately.

Chap. 310.

AN ACT to authorize the trustees of the village of Honeoye
Falls to raise money by tax for lighting the streets of said
village.

Became a law, April 2, 1902, with the approval of the Qovernor. Passed,

three-fifths beiog present

The People of the ^tate cf Xeic York, represented in SIcnatc un'f
AssemUi/j do enact as folloics:

Section 1. The trustees of the village of Honeoye Falls shall
annually for five years from the date of passage of this act,
have power to raise, levy and collect by tax upon the taxable
inhabitants and property in said village for tin* ]uirposo of
lighting the streets of said village by gas, a sum not to exceed
six hundred dollars, in any one year.

§ 2. This act shall take effect immediately.

312.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 869

Chap. 311.

AN ACT to amend section one hnndred and forty-five of the

code of civil procedure.

Became a law, April 2, 1902, with the approval of the Governor. Passed*

three-fifths being present

The People of the Slate of Neto Yorky represented in Senate and
Assembly, do enact as follows:

Section 1. Section one hundred and forty-five of the code of
civil procedure is hereby amended to read as follows:

§ 145. Jail liberties in certain counties. — ^The following are
the liberties of the jail for each of the rounties specified, to wit:
For the city and county of New York the whole of that city and
county; for the county of Onondaga, the whole of the city of
Syracuse; for the county of Monroe, the whole of the city of
Rochester; for the county of Erie, the whole of the city of
Buffalo; for the county of Dutchess, the whole of the city of
Poughkeepsie; for the county of Kings, the whole of that
county; for the county of Albany, the whole of the city of Al-
bany; for the county of Jefferson, the whole of the city of Water-
town; for the county of Herkimer, the whole of the village of
Herkimer; for the county of Rensselaer, the whole of the city of
Troy; for the county of Niagara, the whole of the city of Lock-
port; for the county of Steuben, the whole of the village of
Bath; for the county of Nassau, the whole of the town of Hemp-
stead.

§ 2. This act shall take effect immediately.

Chap. 312.

AN ACT in relation to Beach avenue, Oak avenue and Woodbine
avenue in the village of Larchmont, Westchester county, state
of New York.

Became a law, April 2, 1902, with the approval of the Governor. Passed,

a majority being present,

Tlie People of the State of Neto York, represented in Senate and
Assemhly, do enact as follows:

Section 1. None of the provisions of existing law nor any pro- Raiiwayi,
ceedings thereunder shall authorize the construction or opera- prohfiwd,

except, etc

870 LAWS OF NEW YORK. [Chap.

tion of a railway of any kind or nature, or any of the appliances
or appurtenances of any railway upon Beach avenue, or upon
Oak avenue, or upon Woodbine avenue in the village of Larch-
mont, Westchester county, New York, or upon any portion of
either of said avenues, except upon the written consent of a
majority of the owners of property in numbers and values
w£!?fli'ed. thereof on said avenues respectively; which consents shall be
duly signed and acknowledged as a deed entitled to be recorded,

and filed in the office of the clerk of Westchester county.
Nothing herein shall affect consents heretofore obtained or pro-
ceedings now pending.
^*^^^ § 2. All acts or parts of acts, general or special, inconsistent

with this act are hereby repealed.
§ 3. This act shall take effect immediately.

Chap. 313.

AN ACT to amend chapter two hundred and ninety-two of the
laws of eighteen hundred and ninety-four, entitled ^^An act
to consolidate the 'the Mohawk and Hudson river humane
society ' and ' the Mohawk and Hudson river humane society
for the prevention of cruelty to animals,' '' by consolidating
therewith " the Rensselaer county society for the prevention
of cruelty to children" and defining the powers of the con-
solidated corporation.

Became a law, April 2, 1902, with the approval of the Qovemor. Passed,

three-fifths being present

The People of the State of New Torkf represented in Senate and
Aasetnhly, do enact as follows:

wnwided. Section 1. Bection one of chapter two hundred and ninety-two
of the laws of eighteen hundred and ninety-four, entitled ''An
act to consolidate the ' the Mohawk and Hudson river humane
society ' and ' the Mohawk and Hudson river humane society for
the prevention of cruelty to animals,' " is hereby amended to
read as follows:

SSlSi?* 8 1. The "Mohawk and Hudson river humane society," hereto-
fore duly incorporated under and pursuant to chapter one hun-
dred and thirty of the laws of eighteen hundred and seventy-five.

dated.

313.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 871

for the prevention of cruelty to children, and "the Mohawk and
Hudson river humane society for the prevention of cruelty to
animals/' heretofore incorporated under and pursuant to chap-
ter four hundred and ninety of the laws of eighteen hundred and
eighty-eight, and the Rensselaer county society for the preven-
tion of cruelty to children, heretofore incorporated under and
pursuant to chapter one hundred and thirty of the laws of eight-
een hundred and seventy-five, for the prevention of cruelty to
children, are hereby consolidated and made one corporation
under the name of " the Mohawk and Hudson river humane Name of

DOW cor-

society." p"''"*'"-

§ 2. Secjtion two of chapter two hundred and ninety-two of
the laws of eighteen hundred and ninety-four is hereby amended
to read as follows:

§ 2. All powers, rights, assets or liabilities belonging to or f^^'
existing against either of said societies hereby consolidated at
the time of the taking effect of this act shall remain in or con-
tinue against "the Mohawk and Hudson river humane society,"
and all existing contracts heretofore entered into by either of
said societies, shall be carried out according to their terms by
" the Mohawk and Hudson river humane society," which
shall be liable for any breach thereof, and shall have
the power of enforcing such contracts to the same
extent as said consolidated societies or either of them
might have done. "The Mohawk and Hudson river
humane society" shall have the same power to act within the
county of Rensselaer as if it had been incorporated under and
pursuant to article five of the membership corporation law,
chapter five hundred and fifty-nine of the laws of eighteen hun-
dred and ninety-five, as the same has been amended, and its cer-
tificate of incorporation had been filed and the principal place
for the transaction of its business had been located in the
county of Rensselaer.
§ 3. This act shall take effect immediately.

872 LAWS OF NEW YORK. [Chai^

Ctiap- 314.

AN ACT to authorize the trustees of the village of Phoenix,
county of Oswego, to prevent further burials in the cemetery
belonging to such village and providing for the removal of
bodies therefrom.

Became a law, AprU 2, 1002, with the approval of the Qovemor. Passed,

three-fifths being present

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

SShir^* Section 1. The board of trustees of the village of Phoenix,
SoSbiSd. county of Oswego, are hereby authorized to adopt a resolution
preventing further burials in the cemetery situated in and
tion*tob<» belonging to such village. A proposition may be submitted to
10 elector., the electors of such village by such trustees, at an annual vil-
lage election, or a special village election duly called for that
purpose as provided by law, authorizing the raising by tax in
such village of a sum of money to be stated therein to be
expended in removing the bodies now buried in such village
cemetery and in providing another suitable place for the burial
of the bodies so removed. Such proposition shall be submitted
and voted for in the same manner as other village propositions.
If such proposition is adopted, such trustees shall cause the
BodiM.to bodies of deceased persons in such cemetery to be removed to

beremoTed. ,

another cemetery in or near such village, and the expense

thereof shall be a charge upon such village, unless the relatives

of such deceased persons shall themselves provide for the

Publication removal of such bodies. Before such removal is made a notice

of notice,

r^morax. shall bc published once a week for three successive weeks in
a newspaper published in such village to the eflfect that after
a date specified therein such bodies will be removed from such
cemetery and reinterred in another cemetery to be specifie.l
therein, unless prior to that date the relatives of the deceased
persons whose bodies are to be so removed shall themselves
provide for such removal and reinterment. After the removal
of such bodies the land now occupied as a village cemetery
shall be used for general village purposes, and may be con-
veyed or otherwise disposed of in the same manner as other
village property.

315.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 873

§ 2. The deeds made on the fifteenth day of August, ^S^d.
eighteen hundred and ninety, by Charles E. Candee, New-
ton A. Hughes, Fred A. Cartter, 0. E. Hutchinson and
Charles F. Loomis, as trustees of the first Congrega-
tional church of Phoenix, New York, to Elmer A. Patchim,
William H. Warner, A. P. Merrion and C. Kinslow, as trustees
of the village of Phoenix, New York, and F. K. Avery, as presi-
dent of said village, and a further deed made by the same
grantors on the same date to Qouverneur M. Sweet, of the vil-
lage of Phoenix, New York, are hereby legalized, ratified and
confirmed, and shall be of the same force and effect as though'
the trustees of such church were fully authorized to execute
such deeds.

§ 3. This act shall take effect immediately.

Chap* 315,

AN ACT to lay out, establish and regulate a publio driveway in

the city of Troy.

Accepted by the city.

Became a law, April 2, 1902, with the approval of the Governor. Passed*

three-fifths being present.

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

Section 1. The city of Troy shall have the power to lay out JSveway,
and establish a public driveway in the city of Troy, and to take, SSbuIS.
hold and maintain the land and property necessary to lay out
and establish said driveway, which said land and property shall
be selected in the manner hereinafter provided,

§ 2. The mayor of said city shall appoint five residents of the ^t?l
city of Troy, who when so appointed shall constitute a board of how**'*'

appointed,

commissioners for the selection and purchase of a site for a
public driveway in said city. Vacancies in the said board of Vftc"c«e»-
commissioners may be filled by the mayor. A majority of such
commissioners shall be sufficient for action. The said board
shall have power to employ a stenographer, and the remunera- ^SmJ®'
tion of such stenographer shall be a charge upon said city, and
all bills for services rendered by such stenographer to the said
board shall be audited by said board and certified by the chair-

874 LAWS OF NEW YOUK. [Chap.

man of said board to the comptroller of the city of Troy, who
after examination thereof shall countersign the same for pay-
ment in the same manner as other claims against the city. The
said commissioners shall receive no pay, compensation or remu-
neration for services rendered as such commissioners.
eoK^neer § 3. The city engineer of the city of Troy shall under and by
estimates, the dlrectiou of the said board make such estimates, maps, plans

maps, etc.

or profiles of the said driveway as the said board shall from time
to time request, showing the location, width, course, windings
and grade of such driveway, which maps, plans and profiles shall
be certified by the chairman of the said board of commissioners,
and shall be filed, one to remain in the office of the commissioner
of public works of the city of Troy, and one in the office of the
comptroller of the said city. After the filing of said maps, plans

whweluid. and profiles the said board shall determine as to the time and
place of the first hearing, and shall give at least five days notice
of the first hearing by publishing the same in the official news-

pubiilSSion papers of the city of Troy, at which hearing all citizens and per-

of notice

for. SOBS interested in the laying out and establishing of said drive-

way and the lands to be taken therefor shall be heard by said
boaFd, and the said board may adjourn such hearings from time
to time, as the public interests may require.

ISSti^ite. § ^' The said board shall select a site for a public driveway
in the city of Troy which shall be of such dimensions and loca-
tion as it may deem proper, and shall make in writing and file

Report. in the office of the mayor of the city of Troy a report of its find-
ings and conclusions, which shall describe the location, width,
course, windings and grade of said driveway, and all real estate
to be acquired, taken and condemned for such public use.

Proceed. § 5. Within ten days after the making and filing of such re-

uS^!^ port with the mayor, it shall be the duty of said board forthwith
to negotiate in behalf of the said city for the purchase of the
lands and premises described in said report to be used in laying
out and establishing said driveway. And the said commission-
ers may accept and receive from the owners of the lands re-
quired for the establishment of said driveway deeds of the lands
and property rights, and may upon proper terms purchase all
other lands and premises described in the said report as a site

cmiiiJdtS for said driveway, but no deed or conveyance of any land shall

non c^n^ be received by said board until said deed or conveyance shall
■(•I.

315.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 875

have been certified to by the corporation counsel that the same
conveys a good and safiicient title to the land therein described.

§ 6. If the said board cannot make satisfactory terms with the u^^'
owners of the said property, or for any other reason do not con- tuie. when

* *^ *' ' "^ board can-

clude the purchase thereof within sixty days after the report of '^iMtcu^ry
the said board has been filed in the office of the mayor, it shall ^wnerToV

property.

be the duty of the corporation counsel of the city of Troy, upon
the written request from said board, to take the necessary
means and proceedings to acquire title on behalf of the city of
Troy in and to all such real estate not owned by the city, or any
right, title or interest therein not extinguishable by public au-
thority which shall be embraced within the lines of the driveway
as laid out and established by the said board, and except as pro-
vided in this act, all provisions of law relating to the taking of
private property for public streets or places in said city are
hereby made applicable so far as the same may be necessary for
the acquiring of any land, property rights, terms, easements and
privileges which it shall be necessary to acquire for the purposes
of this act.

§ 7. After the title to such real estate described in the pre- S?£j?Si
ceding sections has been acquired, the board of contract and ^"^ ^^
supply of the city of Troy shall forthwith proceed to let con-
tracts for laying out, establishing, opening and grading said
driveway, upon the plans and specifications therefor as shall
have been prepared by the city engineer under and by the direc-
tion of the said board of commissioners, and all work necessary
to be done shall be let by contract and awarded in the same man-
ner that contracts are awarded for other public works in said
city. When the necessary work shall have been completed and
the said driveway laid out and established, it shall be the duty
of the city of Troy by its proper officers to keep and maintain JI'^^J*^
said driveway in as good a condition as the purposes of said ^'^''^^^'
driveway may require.

§ 8. For the purpose of purchasing and paying for the real aithoriEed
estate referred to in this act and the awards and compensation money?^
which may be made, and the expenses of the proceedings of des-
ignating, selecting and acquiring possession thereof as herein
authorized, and the expense of laying out, grading, draining and
establishing said driveway, and to meet such other expenses as
may be necessary to be incurred in carrying out the purposes of

876

LAWS OF NEW YORK.

[Chap.

luue of.

Bon<1i,
by whom
■Igned.

Interest,
rate, and
when pay-
able.

Tax leTj.

Annnal
provision
for main-
tenance.

RestrlO"
Uona.

this act, the city of Troy is hereby authorized and directed to
borrow the necessary moneys therefor, not exceeding the sum
of fifty thousand dollars, and to issue its bonds for the pur-
pose of borrowing such moneys and of repaying the amount so
borrowed to the lender or lenders thereof. Such bonds shall be
issued at such times and in such amounts, not exceeding in the
aggregate the sum of fifty thousand dollars, as the common
council of said city may direct, and the proceeds thereof and of
any premiums received thereon shall be used for the purposes
authorized by this act and with respect to such public driveway.
Such bonds shall be signed by the major and the city treasurer
and countersigned by the comptroller, and the corporate seal of
said city shall be attached thereto. They shall bear interest not
exceeding four per centum per annum, which shall be paid semi-
annually; and the times of payment of the respective bonds
shall be so arranged that an equal number thereof shall be pay-
able in each year so far as the same may be practicable, com-
mencing in the second year after their issue, so that the whole
amount thereof shall be paid at the expiration of twenty years
from the date of their issue. Such bonds shall be known as the
public driveway bonds of the city of Troy. There shall be in-
serted in the city tax budget each year and raised by tax upon
the real and personal property within said city liable to taxa-
tion such sums as may be necessary to pay the bonds maturing
each year, as well as the interest upon all bonds authorized to be
issued by this act.

§ 9. The board of estimate and apportionment and the com-
mon council of the city of Troy shall annually provide all reason-
able sums which may be necessary for the maintenance of said
public driveway, and the same shall be raised by tax in the same
manner as other expenses of the city government are levied and
raised.

§ 10. No portion of the said driveway shall be used for any
other purpose than for riding by equestrians and driving of car-
riages, and all trucks, carts, and vehicles of all kinds for the
transportation of merchandise or freight of any description, or
the carrying of passengers, shall be excluded therefrom. No
street surface or other railway shall be laid down on said drive-
way or any portion thereof. In addition to the restrictions
herein contained, the common council of the city of Troy may by

316.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 877

ordinance make such other rules and regulations as it may deem ?^guJ,fion.,
advisable for the use of said driveway, and as to the speed of ®*°"
riders and drivers thereon, and as to the exclusion therefrom of
any kind of vehicles, the use of which may injure such driveway
or render the same unfit or inconvenient for the purposes
thereof.

§ 11. All acts or parts of acts inconsistent with or repugnant ^•'•^
to the provisions of this act are to that extent hereby repealed|
so far as the same relate to the city of Troy.

§ 12. This act shall take effect immediately*

Ctiap. 316.

AN ACT to amend the consolidated school law, relating to the

apportionment of the free school fund.

Became a law, April 2, 1902, with the approval of the Governor. Passed,

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 five of article one of title two of chapter JJf/^"-
five hundred and fifty-six of the laws of eighteen hundred and SSSendidT
ninety-four entitled "An act to revise, amend and consolidate
the general acts relating to public instruction" is hereby
amended to read as follows:

§ 5. He tfhall apportion and set apart from the free school jXSrcSL
fund appropriated therefor the amounts required to pay the "»****<>»*"
annual salaries of the school commissioners elected or elective
under this act, to be drawn out of the treasury and
paid to the several commissioners as hereinafter provided.
Said superintendent shall make no allotment to any city
or district for the expense of a superintendent unless satisfied
that such city, village or district, employs a competent person pj^jj^;jj}
as superintendent whose time is exclusively devoted to the gen- ^mpiMyinR
eral supervision of the public schools of said city, village orSeSu!""''"
district; nor shall he make any allotment to any district in the
first instance without first causing an enumeration of the in- Enumera-
habitants thereof to be made, which shall show the pooulation inhlibimnfi.

' If i^ **'■ " in th» llrut

thereof to be at least five thousand, the expense of which enum- *'"^»"^«
oration, as certified by said state superintendent, shall be paid

878 LA\yS OF NEW YORK. [Chap.

m?iS ''^y *^® district in whose interest it is made. He shall then set
apart, from the income of the United States deposit fund, for
and as library moneys, such sums as the legislature shall appro-
?emai2de/ priate for that purpose. After deducting the said amounts he
shall divide and apportion the remainder of the state school
moneys as hereinafter specified. To each city, eight hundred
dollars. To each village which has a population of five thousand
as shown by the last state census, or federal or village enumera-
tion, and which employs a superintendent of schools, eight hun-
dred dollars. To each union school district which has a popu-
lation of five thousand, and which employs a superintendent of
schools, eight hundred dollars. An appropriation under either
of the first three subdivisions hereof is known as a supervision
fJndl"*^* quota. He shall set apart for a contingent fund not more than
ten thousand dollars.

§ 2. Section six of article one of title two of chapter five hun-
dred and fifty-six of the laws of eighteen hundred and ninety-
four is hereby amended to read as follows:
§ 6. From the remainder he shall apportion;
nu^^t*^' ^* ^^ ^^^^ district having an assessed valuation of
quotJ^' forty thousand dollars or less, as appears by the report
of the trustees upon which such apportionment is based,
one hundred and fifty dollars; and to each of the remaining
districts, and to each of the cities in the state, one hundred and
twenty-five dollars. The apportionment provided for by thi»
subdivision shall be known as a district quota.
filr^^Jch 2. To each such district or city for each additional
?JlSi2? qualified teacher and his successors by whom the com-
mon school has been taught, during the period of time
required by the school law, and to each Indian reserva-
tion for each teacher employed therein for a like period^
one hundred dollars; but pupils employed as monitors or other-
wise, shall not be deemed teachers. The apportionment pro-
vided for by this subdivision shall be known as a teacher'^
quota.
nJl^TuT^' ^' "^^^ remainder to the several counties according to their ro-
cuuuiie*. gpective population by a ratio to be ascertained by dividing such
remainder by the population of the state as shown by the last
federal census or state enumeration; except that for the pur-
pose of this apportionment the city of New York shall be con-

3170 ONE HUNDRED AND TWENTY-FIFTH SESSION. 879

sidered one county. But as to counties in which are situated
cities whose boundary lines are coterminous with the school
district lines comprising said city, he shall apportion to such
city the part to which it shall so appear entitled, and to the
residue of the county the part to which it shall appear to be so
entitled.

To entitle a district to a district quota, a qualified teacher
or successive qualified teachers must have actually taught
the common school of the district for at least one hun-
dred and sixty days of school, inclusive of legal holidays that J^J^
may occur during the term of said schools and exclusive of
Saturdays. No Saturday shall be counted as part of said one
hundred and sixty days of school and no school shall be in ses-
sion on a legal holiday, except Washington's birthday and Lin-
coln's birthday. A deficiency not exceeding three weeks during JgJ^^TJ'g.
any school year caused by a teacher's attendance upon a teach- 2:i5Iid."**
ers' institute within a county, shall be excused by the superin*
tendent of public instruction.

§ 3. This act shall take effect immediately.

Ctiap. 317.

AN AOT to amend the forest, fish and game law, relative to

close season, for woodcock and grouse.

Became a law, April 2, 1002, with the approval of the Governor. Passed,

a majority being present

The People of the State of New Torhf represented in Senate and
Assembly^ do enact a% follows:

Section 1. Section twenty-three, chapter twenty, of the laws of oame law
nineteen hundred, entitled "An act for the protection of the
forests, fish and game of the state, constituting chapter thirty-
one of the general laws ", as amended by chapter six hundred
and one of the laws of nineteen hundred, is hereby amended so
as to read as follows:

§ 23. Woodcock; close season. — ^Woodcock shall not be taken
from December first to September fifteenth, both inclusive. No
person shall take more than thirty-six woodcock in open season*

880 LAWS OF NEW YORK. [Chap.

§ 2. Section twenty-five, of said act, as amended by chapter
six hundred and one of the laws of nineteen hundred, is hereby
amended so as to read as follows:

§ 25. Grouse; close season. — The close season for grouse shall
be from December first to September fifteenth, both inclusive.
No person shall take more than thirty-six grouse in an open
season.

§ 3. Section twenty-eight of said act is hereby amended so as
to read as follows:

§ 28. Woodcock, grouse and quail, not to be possessed. — ^W'ood-
cock, grouse and quail, shall not be sold or possessed during the
close season, except in the month of December, and possession
or sale thereof during December, shall be presumptive evidence
that they were unlawfully taken by the possessor.

§ 4. This act shall take effect immediately.

aineuded.

Chap. 318.

. AN ACT to amend section twelve hundred and fifty-one of the
code of civil procedure, relative to the lien or charge of a
judgment upon real property.

Became a- law, April 2, 1902, with the approval of the Qovemor. Passed,

three-fifths being present

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

Code of Section 1. Section twelve hundred and fifty-<ine of the code of

oeiure' civil procedurc is hereby amended to read as follows:

§ 1251. Eeal property bound for ten years by a judgment thus
docketed; judgments against persons sued by a fictitious name. —
Except as otherwise specially prescribed by law, a judgment,
hereafter rendered, which is docketed in a county clerk's office,
as prescribed in this article, binds, and is a charge upon, for ten
years after filing the judgment roll, and no longer, the real prop-
erty and chattels real, in that county, which the judgment debtor
has, at the time of so docketing it, or which he acquires at any
time afterwards, and within the ten years, except that any
judgment rendered having the name or any part of the name of

319.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 881

the judgment debtor designated as fictitious, ahall not bind or be
a charge upon the real property or chattels real of any person.
A judgment having the name or any part of the name of a judg-
ment debtor designated as fictitious may be amended at any time
within ten years after the docketing thereof, by inserting the
true name of said judgment debtor, upon such notice to him as
the court may direct; and such judgment shall thereafter be a lien
upon the real property and chattels real which the judgment
debtor then has or may thereafter acquire, but not for a longer
period than ten years after the original docketing of such judg-
ment.

§ 2. This act shall take effect September first, nineteen hun-
dred and two.

Chap. 319.

AN ACT in relation to interpreters for the seyeral courts in the

county of Queens.

Became a law, April 2, 1802, with the approval of the Qoyemor. Passedy

a majority being present.

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

Section 1. Within sixty days after the passage of this act interpr©.
it shall be the duty of a justice of the supreme court resident *»«^«n*to*
in Queens county and the county judge of said county to meet
at the court house in said county of Queens and designate two
interpreters who shall act and be the court interpreters for
said county of Queens. Each of the interpreters shall receive soiaiy.
a salary of twelve hundred dollars per year, which shall be a
charge upon the county of Queens, to be paid monthly, in the
same manner that other county officials are paid. Each inter- 2S£**
preter so appointed shall, before entering upon his duties, file
in the office of the clerk of the county of Queens the eonstitu-
t^onal oath of office.

^ 2. This act shall take effect immediately.

882 LAWS OP NEW YORK. [Chap.

Ctiap. 320.

▲N ACT to amend the town law in relation to the compensatioii

of town officers.

Became a law, April 2, 1902, with the approyal of the Goyemor. Passed,

three-fifths being present

The People of the State of Hew Yorhj represented in Senate and
Assembly, do enact as follows:

lilSfiSr Section 1. Section one hundred and seventy-eight of chapter
five hundred and sixty-nine of the laws of eighteen hundred and
ninety, entitled "An act in relation to towns, constituting chap-
ter twenty of the general laws," as amended by chapter two
hundred and fifty-two of the laws of eighteen hundred and
ninety-seven, and as amended by chapter two hundred and
ninety-two of the laws of nineteen hundred, is hereby amended
to read as follows:

§ 178. Compensation of town officers. — ^Town officers shall be
entitled to compensation at the following rates for each day
actually and necessarily devoted by them to the service of the
town in the duties of their respective offices, when no fee is
allowed by law for the service, ab follows:

1. The supervisor, except when attending the board of super-
visors, town clerks, assessors, commissioners of highways, jus-
tices of the peace and overseers of the poor, each, two dollars
per day, except that in any town where the assessed valuation
of real estate is over twenty million dollars, the town board of
such town may determine by resolution that the assessors shall
receive each year a salary of not exceeding one thousand
dollars in lieu of the per diem compensation hereinbefore pro-
vided for, except that in the county of Monroe, assessors shall
be entitled to three dollars per day, and also, except that in the
county of Nassau assessors and commissioners of highways
shall be entitled to three dollars per day, and the town boards
of the towns of and in said county of Nassau, having a popula-
tion, as appears by the last federal census, of seventeen thou-
sand inhabitants, or more, are hereby authorized and empow-
ered to fix an annual compensation for the assessors and com-
mi' sioners of highways of said towns, not to exceed twelve hun-

321.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 883

dred dollars per annum each, and to provide for the payment
of said compensation, in quarterly installments.

2. If a different rate is not otherwise established as herein
provided, each inspector of election, ballot clerk and poll clerk
is entitled to two dollars per day; but the board of supervisors
may establish in their county a higher rate, not exceeding six
dollars per day.

§ 2. This act shall take effect immediately.

Chap. 321.

AN ACT to amend the highway law relating to bridgea.

Became a law, April 2, 1902, with the approval of the Governor. Passed,

three-fifths being present.

The People of the Mate of Neic Torky represented in Senate and
Assemlly, do enact a8 follows:

Section 1. Section one hundred thirty of chapter five hundred Highway
sixty-eight of the laws of eighteen hundred and ninety, entitled "o^^^^ed.
"An act in relation to highways, constituting chapter nineteen
of the general laws," as amended by chapter four hundred and
sixteen of the laws of eighteen hundred and ninety-five" is
hereby amended to read as follows:

8 130. The towns of this state, except as otherwise herein Liability of

" towns for

provided, shall be liable to pay the expenses for the construe- JJJJfi^Jd"
tion and repair of its public free bridges constructed over M^gL
streams or other water within their bounds, and their just and
equitable share of such expenses when so constructed over
streams or other waters upon their boundaries, except between
the counties of Westchester and New York; and when such
bridges are constructed over streams or other waters forming
the boundary line of towns, either in the same or adjoining
•counties, such towns shall be jointly liable to pay such expenses.
When such bridges are constructed over streams or other
waters forming the boundary line between a city of the third
class and a town, such city and town shall be liable each to
pay its just and equitable share of the expenses for the con-
struction, maintenance and repair of such bridges. Except as
otherwise provided by law, a city of the third class shall be
deemed a town for the purposes of this article. Each of the "5^""?.°'

884 LAWS OF NEW YORK. [Cuap.

counties of this state shall also be liable to pay for the con-
struction, care, maintenance, preservation and repair of public
bridges, lawfully constructed over streams or other waters
forming its boundary line, not less than one-sixth part of the
expenses of such construction, care, maintenance, preservation
and repair.
§ 2. This act shall take effect immediately.

AN ACT to legalize the bonds of union free school district
number nine, of the town of Hempstead, in the county of
Nassau.

Became a law, April 2, 1802, with the approval of the Qovemor. Passed,

three-fifths being present

The People of the Sfate of Nc*jo York, represented in Senate and
Assembly y do enact as follotos:

Section 1. The proceedings of the special district meeting held

ingi of

duSct pursuant to the provisions of section ten of title eight of the
r^^ued. consolidated school law, in union free school district number
nine, of the town of Hempstead in the county of Nassau, on
February fourteenth, nineteen hundred and two, whereat a
majority of the qualified voters of said district present and
voting, did authorize the levying of a tax of twenty-five thou-
sand dollars by installments upon the taxable property of said
district, for the purpose of paying for an addition to the school
building of said district, and the proceedings of the board of
education in advertising for bids and issuing the bonds of said
district in pursuance of said vote, are hereby legalized, ratified
and confirmed, notwithstanding any defect or irregularity in
the language, or the manner of taking the vote on the passage
of the resolution directing said tax to be levied and collected
by installments, advertising for the sale of said bonds or other-
wise; and the bonds of said district issued by the board of edu-

dec I H red

▼aiid. cation thereof in pursuance of said special district meeting and
the proceedings of said board, amounting to the sum of twenty-
five thousand dollars being twenty-five In number for one thou-
sand dollars each, to be dated April first, nineteen hundred and

323.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 88?

two, one bond to mature on January first, nineteen hundred
and ten, and two bonds to mature on the first of January in
each year succeeding the year nineteen hundred and ten, until
the whole amount has been paid, with interest at the rate of
four per centum per annum, payable semi-annually, are hereby
declared to be valid and subsisting obligations of said school
district.

§ 2. The board of education of said union free school district Tax lery
number nine, in the manner provided in article seven of title
seven of the consolidated school law, shall cause such taxes '
to be levied and collected as may be necessary to pay the in-
stallments and interest of said bonds as they shall become due^
until said bonds and the interest thereon are fully paid«

§ 3. This act shall take effect immediately.

Ctiap. 323.

AN ACT to amend the highway law, compelling the opening of

obstructed highways.

Became a law, April 2, 1902, with the approval of the Gk>Temor. Passed,

three-fifths being present

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

Section 1. Section twenty-one of chapter five hundred and f^^^"^^
sixty-eight of the laws of eighteen hundred and ninety, entitled »°»«°<*«<*^
"An act in relation to highways, constituting chapter nineteen
of the general laws," is hereby amended to read as follows:

§ 21. Opening obstructed highways. — Whenever the labor in
any district has been worked out, commuted for, or returned to
the supervisor, or in those towns that have adopted the money
system of taxation for working the highway the money received
has been entirely expended, and the highways are obstructed
by snow, and notice has been given to the overseer or highway
commissioner, in writing, by any two or more inhabitants of the
town, liable to payment of highway tax, requesting the removal
of such obstruction, the overseer of highways in such district or
the highway commissioner of the town shall immediately call
upon all persons and corporations liable to highway tax
therein, or in the locality where such obstruction exists,

gye LAWS OF NEW YORK. [Chap.

to assist in removing such obstructions and snch labor so
called for by the overseer or highway commissioner shall be
assessed upon those liable to perform the same, or in the lo-
cality where such obstruction exists, in proportion to their
original assessments. And all persons so called out and failing
to appear at the place designated by the overseer or the com-
missioner of highways, or to commute at a dollar a day, within
twenty-four hours after due notice, shall be liable to a fine
at the rate of one dollar and fifty cents a day for each day's
labor they may be required to perform, which fine shall be col-
lectible by the overseer, or highway commissioner, as such, by
action in justice's court, and shall be applied to the purposes
specified in this section. The overseer and highway commis-
sioner shall be liable to a penalty of five dollars per day, for
every day he neglects, without good and sufficient reasons,
to have such highway opened without delay after receiving such
written notice, the penalty to be collected in justice's court to
the person first suing for the same, and the penalty shall bv
paid over to the commissioner of highways for the use of the
town.
§ 2. This act shall take effect immediately.

Chap. 32^.

AN ACT to amend the tax law, in relation to the time of making

assessment.

Became a law, April 2, 1902, with the approval of the Gk>vemor. Passed,

three-fifths being present

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

Tax law Section 1. Section twenty of chapter nine hundred and eight

amonded.

of the laws of eighteen hundred and ninety-six, entitled "An
act in relation to taxation, constituting chapter twenty-four of
the general laws," as amended by chapter five hundred and
twelve of the laws of nineteen hundred, is hereby amended to
i-ead as follows:

§ 20. Ascertaining facts for assessment. — ^The assessors in
each tax district may, by mutual agreement, divide it into con-
venient assessment districts not exceeding the number of such

325.] ONE HUNDRED AND TWENTY-FIFTH SESSION. 887

assessors. The assessors in each tax district shall annually
between May first and July first, ascertain by diligent inquiry
all the property and the names of all the persons taxable there-
in, except that in towns containing an incorporated village hav-
ing a population of more than ten thousand inhabitants accord-
ing to the last state census the assessors may have from April
fifteenth until July first to ascertain the taxable property and
names of persons taxable in such town, and except that in
towns containing an incorporated city having a population of
more than ten thousand inhabitants according to the last state
census the assessors may have from March first to July first
to ascertain the taxable property and names of persons taxable
in such towns.

§ 2. This act shall take effect immediately.

AN ACT to amend the consolidated school law, in relation to
an academy as the academic department of a union free school
district-
Became a law, April 2, 1002, with the approval of the Goremor. Passed,

three-fifths being present.

The People of the State of New Torhy represented in Senate and
AssenMy, do enact as follows:

Section 1. Chapter five hundred and fifty-six of the laws of sonooi law

amended.

eighteen hundred and ninety-four, entitled "An act to revise,
amend and consolidate the general acts relating to public in-
struction," is hereby amended by inserting in title eight, article
four, after section twenty-seven thereof, a new section to be
numbered twenty-seven-a, to read as follows:
8 27-a. The board of education of a union free school district, Adoption of

'^ ftcademlafl.

with the approval of the superintendent of public instruction,
and the regents of the university, may adopt an academy as
the academic department thereof, and contract for the instruc-
tion therein of pupils of academic grade, residing in the dis-
trict. The academy thereupon becomes the academic depart-
ment of such union free school, and the district is entitled to
the 'same rights and privileges, is subject to the same duties.

666

LAWS OP NEW YORK.

and the apportionment and distribution of state school money
shall be made to it, as if an academic department had been
established in such school.
§ 2. This act shall take effect immediately.

Act
amended.

Board of

trustees

authorized

TO invest

funds in

certain

securitiei.

AN ACT to amend chapter one hundred and twenty-eight of the
laws of eighteen hundred and eighty-eight, entitled "An act
to extend and define the powers of the trustees of Hamilton
college in regard to the investment of its funds."

Became a law, April 2, 1902, with the approval of the Qovemor. Pasaed,

three-fifths being present.

The People of the State of New Torky represented in Senate cmd
Assembly, do enact as follows:

Section 1. Section one of chapter one hundred and twenty-
eight of the laws of eighteen hundred and eighty-eight, entitled
"An act to extend and define the powers of the trustees of
Hamilton college in regard to the investment of its funds " is
hereby amended so as to read as follows:

§ 1. The board of trustees of Hamilton college is hereby au-
thorized, in addition to any mode of investment now authorized
by law, to invest the funds of said college in its discretion in
any of the securities hereinafter named, namely: In the stocks
and bonds or other interest-bearing obligations, of any state
in the union that has not, within ten years previous to making
such investment, defaulted in the payment of any part of either
principal or interest of any debt authorized by any legislation
of such state to be contracted; in the stocks and bonds of any
city of this state, issued pursuant to the authority of any law
of this state; in bonds and mortgages on unincumbered real
estate situate in any of the following named states, namely:
New Jersey, Pennsylvania, Ohio, Michigan, Wisconsin, Minne-
sota, Iowa, Indiana, Illinois, Missouri, Kansas, Nebraska and
worth at least twice the amount loaned thereon; and in the
same securities and investments in which trust companies in
the state of New York are authorized to invest the moneys
received by them in trust.

§ 2. This act shall take effect immediately.

TABLE

GENERAL LAWS AND SECTIONS OF THE CODES
AMENDED OR REPEALED BY THE

LAWS OF 1901.

I. Gbniebal Laws Amvsded.
Mevised Statutes.

Part.

Chap-
ter.

TlUe.

Seotion.

suBjEcrr OF section.

Chap-
ter.

Page.

8. ..

8
8
8

16
2

8,10-11

74,75-76

107

Draining wet lands, assessmentB, etc.. . .
Parole of Drisoners.

528
260
418

1285

708

4.. .

Board of prison clasBification

1107

Laws.

Lawi

Chap-

ter.

1887..

800

1862..

865

1866..

466

1868..

855

1880..

186

1888..

878

1889..

880

1889..

882

1890..

228

1890..

568

1890..

568

1890..

568

1880. .

568

1890..

568

1890..

568

1890..

564

1890. .

564

Section.

1
1
8
8

1
2
1

SUBJECT OF SECTION.

20
22
29
82
89

IJnolaimed trunks and baggage *. . .

Discharge of mortgages

Normal schools, compensation of officers. . . .

Settlement of taxes

American Jersey Cattle Club

Fees of receivers

Record of Judgments

See R. S. pt. 4, ch. 8, tit. 2

Money for memorial day

General corporation law:

Certificate of authority of foreign corporation.

Qualification of voter

Challenges

Powers of directors

Extension of corporate existence

Acts of directors

Stock Corporation Law:

Power to borrow money

Reorganization

Chap-
ter.

Page.

818

827

287

745

492

1824

515

1272

197

467

506

1245

486

1218

218

j 96

|538

267

1326

355

975

355

975

214

507

855

975

855

975

854

961

854

961

TABLE OF LAWS AMENDED OR REPEALED.

General Laws Amended — ( Continued).

Laws
of.

1890. .
1890..
1890. .
1890. .
1890..
1890..
1890. .
1890..
1890..
1890..
1890. .
1890..
1890..
1890. .
1890..
1890..
1890..
1890. .

1890..
1890. .
1890..
1890..
1890. .
1890..
1890..
1890. .

1890..

1890. .

1890..

1860.

1890..

1890.

1890..

1890..
1890..

664
564
564
664
564
564
564

664
564
564
564
564
564
564
564
564
564
564

565
565
565
565
565
565
565
565

566

567

568

568
568
568
5i8
568
568
668

569
569

Soction.

4
6
8) added.
20
28
29
80
82
88
42
44
45
46
47
48
54
56
62

21
88
88
91
98
96
100

10
8, 8

SUBJECT OF SECTION.

20, Bubd. 5

155, 162,

163, am.

and 166,

167, 168,

169, 169a,

169b,

added.

10
12

13
14

Stock corporation law — (Continued):

Plan of agreement

Assent of municipalities

Presumption as to recorded mortgages . . . ,

Directors

Liability of directors

Books to be kept •

Annual report

Alteration or extension of business

Sale of franchise

Issue of stock

Increase or reduction of stock <

Notice of meeting . . .

Meeting to increase stock

Kinds of stock

Prohibited transfers

Liability of stockholders

Vote to increase or reduce stock

Partly paid-up stock. <....,

Railroad Law:

Corporate power, when to cease

Electric linit and power corporations

Sign boards at crossings

Ticket scalpers

Certificate of extension

Street railroad consents and percentages . .

Extension of route

Motive power

Transportation corporations law:
Corporations to navigate canals ,

Bxisineas corporations law:
Incorporation and consolidation ..•••.

Highway law:

Inspection of highways •..•••• <

Report of commissioners

Removal of stones

Change of system when to take effect. ....

County engineers

Assessments for labor

Decision of commissioners. ,

Highways between towns

Automobiles, use of highway by

Town law:
Biennial town meetings

Election of officers ,

Term of office of collectors ,

Justice of peace

Chap-
ter.

T&ge.

854

961

854

961

854

961

854

961

864

961

354

061

854

961

854

961

180

314

854

961

854

961

854

961

854

961

854

961

854

961

854

961

854

961

854

961

508

1261

781

1789

801

804

639

1581

688

1529

494

1229

419

1108

558

1856

488

1218

620

1279

(129

818

^126

810

487

1182

j 85
487

1182

165

150

850

239

680

437

1182

441

1150

162

864

581

1818

891

1068

349

951

586

1828

191

891

1068

488

1219

TABLE OF LAWS AMENDED OR IlEPEALED.

General Laws Amended — {Continued).

Laws
of.

Chap-
ter.

1890..

1890. .
1890. .
1890. .
1890..
1890..
1890..
1890..
1890..

1891..
1892..

1892..

1892..
1892. .
1892..
1892..

1892. .
1893..

1892..
1892..

1892..
1892..
1892..

1892..

569
569
669
569
569
569
569
669
569

4
290

878

678

682
682
682
682

688
688

685
685

686
686

686
686
686

686

Section.

1892..

689

1892..

689

1892..

689

118

1892..

689

156

1892..

689

161

1892..

689

176

1892..

689

179

1892..

689

182

1892..

689

192

1892..

690

Ib92..

690

1892..

690

1892..

690

1892. .

690

1892..

690

1892..

690

121

1892..

690

188

1892..

690

170, 179

1892. .

690

288

190

195

196, 197

89,55
1

28 added.

128-186

added.

147

203

222

SUBJECT OF SECTrON.

ToiDn law — (Continued):

Gomraiasioners of highways

Vote to expend over $500 CO

Canvass of votes

Added when woman may vote. . . .
Justices* oaths before whom taken

Town clerk

Town house

Care of abandoned cemeteries

Added burial grounds

Rapid transit, property and claims

Foresters of America

University law :
Property holding «

State law :
Arms of State and State flag

Legislative law :

Officers an<i employees of senate

Officers and employees of assembly

Compensation

Bill drafters

Executive law :

Deputy comptroller

Notaries acting in more than one county

General municipal law :

Funded and bonded debts

Peddling farm produce

County law :
Sheriff's office in Chautauqua county. . . .

Registration of dogs ...

Delivery of books by county treasurer

Assistant district attorneys

Salary of county judge and surrogate, Fulton

county

Salary of county judge and surrogate, Orange

county

Banking laio :
Expenses of banking department, how paid . .

Powers of superintendent

Loaning money

Trust companies ...

Directors of trust companies

Withdrawal of free shares

Security for loans

Purchase at foreclosure sales

Laws repealed . .

Insurance law:

Reorganization and certificates

Incorporation

When receiver not to be appointed

Valuation of policies

Impairment of capital

Valuation of polici s

Standard fire insurance policy

Taxes to fire departments

Title and credit guaranty corporations

Notice of assessments in fraternal societies. . .

Chap-
ter.

583
598
891
609
398
488
598
886
320

587
476

592

229

467
467

467
88

40
657

888

889

255

455

112

161

505

Page.

1420
1454
1068
126:^
1079
1219
1454
1058
856

1423

1208

1446

669

1185

214

1678

887
1061

700

1166
290
162

868

1244

472

1202

253

697

406

1092

660

1680

510

1263

328

871

828

871

828

871

828

871

722

1779

634

1523

514

1269

346

944

514

1269

635

1526

513

1267

726

1782

677

1711

897

1078

TABLE OF LAWS AMENDED OR REPEALED.

General Laws Amended — (Continued).

Laws
of.

Chap-
ter.

Bection.

1892..

690

280

1898..

887

1898. .

838

1898..

338

1893..

838

1898..

888

1898..

838

60-70d

1893..

888

1898..

888

1898..

838

142

1893. .

888

146

1898. .

661

1-12. Art. I.

1898..

661

18 added.

1893..

661

145

1898..

661

146

1898..

661

160-169d
added.

1898..

661

171

1898..

661

194, sub. 4

1898..

661

199

1898..

701

1894..

817

1894..

888

16 added.

1894..

556

9* 1

1894. .

677

1895..

166

1, 2, 8, 5

1895..

220

1895..

841

1895..

869

1895..

559

1859..

559

1895..

559

1895..

559

98, added

1895..

700

1895..

728

1895..

770

1.8

1895..

1026

1.4,8

1898..

112

1896. .

112

11, sub. 6a
added . .

1896. .

112

1896..

112

1896 . •

112

SUBJECT OF SECTION.

Insurance law — (Continued):
Extension of corporate existence . <

Powers of trust companies

Agricultural law:

Tests for fats in milk

Use of marked milk cans

Penalties

Vinegar, adulteration of

Diseases of domestic animals

Nursery stock

Money for fairs

State fair

Local fairs not to be held at same time as sti^te
fair

Public health law :

State department of health •

Tenement houses

Examination

Questions

Dentistry

Veterinary medicine.

Pharmacy

Power of supreme court over gifts

Public lands law :
Mines

Canal law :
Canal bureau, chief clerk

Consolidated school law:
Lands for schools

Raising sunken boats in Lake George .

Scenic society charter

Veterans, rights on Memorial Day . . . . ,

Money by regents to academic schools.

Jurors, exemption of in Erie county. . ,

Membership corporation law:

Certificate of incorporation

Directors

Family cemetery corporations

Christian associations

Extension of time to complete railroads.

Religious corporation law:
Sale of unconsecrated property ,

Pasteur institute

Prison commission

Liquor tax law:
Duty of State Commissioner.

Sale of wine

Local option

Posting liquor tax certificate.
Cancellation of certificate . . ,

*T1U«.

Chap-
ter.

143
443

429

875
656
808
821
417
144
224

224

29
283
646
646

215
281
648
648

291

416

418

480

424
885
26
498
280

486

415
890
469

617

222

482
12

640

640
640
640
640

829

1152

1118

10.S8

1677

818

857

1106

886

580

742

1654

508

871

1658

1656

751

1104

1100

1211

1115

1056

1288

670

1181
1102
1062
1190

1482

627

1212
15

1582

1532
15S3
1532
1582

TABLE OF LAWS AMENDED OK REPEAXED.

Gekebal Laws Auekded — (Continued).

Laws
of

Chap-
ter.

Section.

1896..

113

81, sub. j

1890..

112

81a, added.

1896..

225

80, added.

1896..

S26

67, added.

1896..

272

10, 11, 16,
16, 17, 19

1896..

890

1896..

546

1896. .

646

1896..

647

94, added.

1896..

647

249a, added.

18tf6..

647

260

1896..

542

290a, added.

1896..

908

2, sub. 4,
added.

1896..

908

4, sub. 14

1896..

908

21, sub. 7,
added.

1896..

908

1896..

908

1896..

908

1896..

908

1896..

908

1896..

908

1896..

908

189

1896..

908

150

1896..

908

180

1896..

908

181

1896..

908

182

1896. .

908

188

1896..

908

187

1896..

908

187a

1896..

908

187b

1896..

908

189, subs.
6, 7, 8.

1896..

908

194

1896..

908

202

1896..

908

221

1896..

908

222

1896..

908

224

1896. .

908

226

1896..

908

228

1896..

908

229

1896..

908

280

1896..

908

280a9 added.

1896..

908

281

1896..

908

282

SUBJECT OP SECTION.

Liquor tax law — (Continued):

Sale of liquor by fruit grower

Statement to commissioner

Poor law :

Medical treatment of poor

Actions for support •

Domestic relations law :

Marriages

Supreme Court justices' compensation

Insanity law:

Commissioners* terms

Support of indigent insane

Real Property law:

Investments by trustees i . .

Aclmowledgments of conveyances

Acknowledgments and proofs in foreign

countries

Descent of real property

Tax law :

Special franchises defined

Property exempt from tax

Tax roll, additional columns ,,

Report by banks to aBsessors

Bank stock, how assessed

Filing tax roll, notice thereof

Tax roll and collector's warrant

Collection of taxes

Return b^ collector of unpaid taxes

Redemption from tax sales

Sales for unpaid taxes in Rockland county. . . .

Organization tax reduced

License tax on foreign corporations

Amount of tax

Exemption from tax on capital stock

Franchise tax on insurance corporations

Taxation of trust companies

Franchise tax on savings banks

Savings banks and trust companies

Penalty for failure to pay tax

Exemptions

Exceptions and limitations

Lien of taxes and payment

Collection of tax by executors, etc

Refund of tax erroneously paid

Liabilty of certain corporations

Jurisdiction of surrogate

Appointment of appraisers, etc

Transfer tax on certain estates

Proceedings by appraiser

Determination by surrogate

Chap-
ter.

Pagre.

640

1532

640

1582

103

277

664

1685

389

988

468

1189

187

826

546

1842

166

867

209

611

1476

481

1212

490

1228

618

1482

159

860

550

1849

560

1849

858

982

(158
' 550

859

1849

159

860

517

1276

605

1470

261

709

448

1161

558

1364

558

1864

558

1864

118

297

jl32
]535

316

1319

117

296

U17
^132

S96

816

(118

297

^558

1364

(132

317

132

817

458

1172

178

380

173

880

178

380

173

880

173

880

(173
■j493

880

1226

173

380

173

880

178

880

TABLE OF LAWS AMENDED OR REPEALED.

General Laws Amended — (Continued).

Laws
of

1896. .
1896.
1896. .
1896. .
1896. .
1896. .
1896. .
1896..
1896. .
1896..

1896..

1896. .

1896..
1896. .
1896..

1896. .

1896..
1896..
1896..
1896..
1896..
1896..
1896..
1896..
1896. .
1896. .
1896..
1896. .
1896. .
1896. .
1896..
1896..
1896..
1896..
1896..
1896..

1896. .

1896..

189:5..

1896. .

1886..

1896. .

1896..

1896.

1896..

lb»6..

1897..
1897. .

1897..

908
908
908
908
908
908
908
908
9(8
908

909

909
909
909

909

909
909
909
909
909
909
909
909
909
909
909
909
909
909
909
909
909
909
909
909

909

909
909
909
909
909
909
909
909
909
909
909
909
909

320
220

8i6

Section.

388
234
286
286
287
289
240
240a, added.
241
242

8
10

12
18
18
19
80
82, Bub. 1
82, sub. 8

84, 8ub. 6
84, sub. 10

85, sub. 2

86, sub. 1

56
57
58
59
60
61
64
66
82

108
110
118, sub. 2
130
137
138
161
162
168
168
178
179
182

SUBJECT OF SECTION.

28, added.

Tax law — (Continued):
Surrogate's assistants in New York county. . .

Surrogate's assistants in Kings county

Proceedings for collection of tax

Receipt of comptroller and county clerk

Fees of county treasurer

Report of surrogate and county clerk

Reports of county treasurer

Report of comptroller

Application of taxes

Definitions

Election law:
Opening and closing polls

Notice of election

Notice of <j[ueBtions submitted

Election districts

PJaces of registration and voting

Election officers

Election officers in cities

Election officers in towns

Payment of election expenses

Delivery of election laws

Meetings for registration

Registration of naturalized citizens

Arrangement of register

Challenge for registration

Persons excluded

Placing names on register

Delivery of books

Emblems

Independent nominations

Place of filing nominations

Time of filing nominations

Certificates of nomination by secretary of state.

Publication of nominations

Declination of nomination

Filling vacancies in nominations .

Form of ballot

Officers providing ballots

Challenge for voters

Rule 9 void ballots

Statement of canvass.

County board of canvassers

Transmission of statements

Boards of canvassers in N. Y. city

Examination of voting machines

Requirements

Adoption

Sample ballots

Opening polls

Record

Number of voters in diRtrict

Adirondack Park:

Lands how taken r

Supplemental to

Fees for summoning jurors

Chap-
ter.

Page.

178

880

173

880

173

880

178

880

178

880

178

880

178

880

178

880

178

880

178

880

654

1668

( 95
283

382

678

238

232

282

j 95
]586

232

1320

282

686

1320

282

292

800

802

118

291

282

544

1884

654

1669

282

232

654

1669

654

1678

282

283

598

1455

( 95
{615

282

1479

544

1884

654

1675

282

208

500

282

580

1808

630

1808

580

1808

530

1808

580

1808

580

1808

680

1808

652

1668

ft77

280

TABLE OF lAWS AMENDED OR EEPEAJLED.

General Laws Ahbkdsd — {Continued).

Laws
of

Chap-
ter.

Section.

1897..

418

1897..

418

1897..

418

1897..

418

1897. .

414

1897..

414

1897..

414

1897..

414

88, Bub. 28,
added . . .

1897..

414

88, sub. 24,
added . . .

1897..

414

159

1897:

414

827

1897..

416

1897..

415

1897..

416

1897..

416

106

1897..

415
418

1897..

. * •

95, sub. 2.

1897..

692

1897..

592

1898..

116

1898..

179

4, sab. 2

1898..

179

9, sub. 1

1898..

182

1898..

182

1898..

182

898

1898..

182

442

1898. .

182

483

1898..

212

1898..

212

1898. .

212

1898..

212

1898..

212

1898. .

212

1898. .

212

1898. .

212

1898..

212

48 added.

1898..

212

1898..

212

1898..

212

1898..

212

1898..

212

1898..

212

1898..

212

1898..

212

1898..

212

1898. .

212

103

1898..

212

106

BUBJEOT OF SECTION.

State Finance Law:

Deposit of state money

Monthlj accounts

Deposit of state moneys

Monthly payments to state treasurer.

Village Law:

Qualification of voters

Officers

Number of trustees

Dumping grounds.

Fire protection

Streets

Dissolution of villages

Labor Law:
Wash rooms & closets in factories. •

Renumbered 92 . . .

Laundries

Posting law in factories

Many sections amended in effect by

Lien Law:

Chattel mortgages

Where filed

Navigation law :

Floating logs in Lake George

Application of article

Acceptance of highway. . . .

Ftimary election law:

Additional primary day. . . .

Filling vacancies

Cities of second class :

Salaries of aldermen

Streets

Police court attendants

Sealer of weights and measures
Saving clause

Military code :
Audit and payment of claims . .

Regiments

Battalions

Companies of infantry

Field music

Added staff officers

Naval militia

Divisions

Retirement of officers

Commissioned officers

Examination

Appointed officers

Brevet commissions

Resignations

Retirement and discharge

Non-commissioned officers....

War service

Courts

Fines

Collection of fines .

Chap-
ter.

Page.

678

1716

482

1122

457

1171

457

1171

609

1262

166

856

162

698

1447

180

164

806

811

478

1210

477

1209

475

1207

219

524

219

624

878

1048

688

1528

jl09

285

1183

(167
^860

869

985

167

869

584

1319

552

1855

604

1469

479

1210

525

1293

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

814

829

TABLE OF LAWS AMENDED OR REPEAUED.

General Laws Amended — { Cbnc/wdW).

Laws
of

1898.

Ib98..

1898..

1898. .

1898..

1899..

1900..

1900. .

1900..

1900.

1900..

1900. .

1900..

1900..
1900..
1900..
1900. .
1900..
1900..
1900..
1900. .
1900..
1900. .
1900..
1900..
.900. .
1900..
1900. .
1900..
1900.,
3900..
1900..
1901 . .

Chap-
ter.

212
212
212
212
212
212
212
212
212
212
212
809
422
441
451

20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20

284

848

869

369

451

884

Section.

160,

1,2

182

184

151

104

156

157

159

161, 172

178

179

184

1.2

,8,4,5,

8, 9, 11

9
11
12a
18
15
16

20a, added

81,84

87a, Bub. 7,

added.

101

108

104

105

108

140, Bub. 8

154

156

159

203

224a, added.

227

280

281

4, sub. 8

4,7

1,4

4,75

SUBJECT OF SECTION.

Military code — (Continued):

Local armories

Armories in New York city

Duty pay

Delinquency courts ; expenses

Allowances for officers

Allowances for organizations

Allowances for headquarters

Office of adjutant-general ; right of way ....

Separate companies

Added repeal

By-laws

Compensation of certain justices

Private detectives

Filing list of jurors

Banks recovering money where certificate of

deposit lost

Ckime law :

Fawns , ,

Hounding deer

Wild moose .

Squirrels

Rabbits

Mink, skunk, muskrat and foxes

Elk, penalties for killing

Wildfowl

Jefferson Co. . wild fowl

Manner of killing wild fowl

Quail

Grouse.

Plover

Pheasants

Wild birds, certain, protected

Salt water striped bass

Nets in lakes Erie and Ontario.

Nets in Hudson and Delaware rivers

Otsego lake

Nets in Dutchess county

Whaleys pond

Deer dogs

Wild fowl

Manner of hunting.

Meadow hens

Plover and other birds

Definitions

Office and clerical force •

Closing streams ...

Shellfish in Westchester county

Private parks

Chief fire warden

Pay of fire wardens

Forest fires

Penalties, how used

Lease of building for justices

Eastern reformatory

Hospital for crippled children

Water districts in towns

Construction of tenement houses

Chap'
ter.

814
814
814
814
814
814
814
814
814
814
814
597
802
172
(171
1 608

866
546
147
606
606
669
147

91
252

91
896
606

91
616

91
606
614
192
121
561

451

148

608

826

662

100

548

896

519

619

491

256

888

421

471

665

829
829
839
829
829
829
829
889
829
829
829
1462

inos

879

876

1248

1008

1841

847

1472

1889

847

224

697

224

1077

1478

224

1481

224

1474

1479

484

801

1870

1138

849

224

224
1468

669
1682

274
1888

869
1277
1277
1228

701
1060
1112
60
1201
1869

TABLE OF LAWS AMENDED OK REPEALED.

n. Sections op Code of Civil Pkocbdurb Amended.

Seetioiis.

369

281

447

463

818

1058

1097

1099

1100

1101

1137, sub. 14,
added ....

1132

1151

1180

1316

1891

Art. X, add-
ed. §§ 1688a-
16881

1688a, added
1688b, added
1688c, added
168Sd, added
1688e, added
1688f, added
1688g, added
1688h, added
16881, added

3411

3418

2414

2600

3601

3606

2633

2648

3670

3675

3711

3737

3739, sub. 8.

3733, sub. 16,

added. ...

8351, sub. 8.

SUBJECT OF SECTION.

Salaries of court criers in Erie county . . . . .

Judgments in court of claims <

Interpleader, consolidation and new parties

Pi^ty defendants

Bringing in additional parties

Bonds and undertakings

Deposition to be used on motion

Jurors in Albany county

Jurors in New York county ,

Drawing jurors in New York county ....••,

Notice of drawing

Proceedings when officers do not appear. . .

Persons exempt from jury duty

Commissioner of jurors in Kings county to select trial jurors .
Ck)mpensation of judges for attending drawing of jurors . . .

Challenges of jurors, how tried

Proceedmgs on judgment by default

Judgment in case of service by publication

Exemption from execution .' . . .

Chap-
ter.

Evidence in actions or proceedings involving a title to real

property

when testimony may be received —

Documentary evidence. .

Mode of introducing testimony

Application to take deposition

Petition contents

Referee

Referee to take deposition

Examination..

Deposition as evidence

Petition by corporation to change name

Notice of presentation of petition

Order of court

Sureties, when may apply for release.

Release of old sureties

Accounting by executor, etc

Records of certain wills as evidence

Letters of administration to whom issued

Temporary administration

Temporary administrator as to real property

Appointment of appraisers ,

Citation and order to account.

Payment of funeral expenses

Order of distribution,
Taxation of costs . . . .

887
440
386
609
613
634
636
157
600
600
600
600

341
600
399
348
511
611
116

808
808
808
808
808
808
808
808
808
808
874
874
874
534
634
409
640
141
30
31
195
408
398

410
537

1069
1148

744
1475
1367
1390
1394

867
1458
1458
1458
1458

684
1458

801

686
1365
1366

396

806

1086

1085

1390

1096

1880

838

486

1094

765

1097
1395

TABLE OF LAWS AMENDED OE EEPEALED.

in. Sectioks of Code of Criminal Procedure Amended.

Sections.

11a, added.

5d, sub. 26.

483

487

906

941

942

948

916

SUBJECT OF SECTION.

Probation ofiScers

Driving on bicycle paths, etc ...

When court may suspend sentence.

Duty of probate officer

Prosecution of undertaking given by Indian .
Criminal statistics, statement to county clerk

Statement to secretary of state

Statement by county clerk

Secretary of state to furnish forms

Chap-
ter.

872
560
872
872
165
872
872
872
872

PBfi^

10d9
1889
1029
1029
867
1029
1029
1029
1029

IV. Sections of Penal Code Amended.

Sec lions.

41, sub. 10.

41a

41d

411

41m»

41nt

41ot

41p§

41qi|.

41zz

267

844a, 844b,
844c, added.

851

3S5, sub. 8..
477e, added.
618, sub. 2 ..
640d. 610e,
added. ...

644

652a

687a, added!

SUBJECT OF SECTION.

Permitting fraudulent voting

Fraudulent registration

Failure of house-dweller to answer inquiries. .

Illegal voting

False returns ....

Furnishing money for entertainment.

Buying votes

Receiving money for votes

Witnesses % . . . .

Sections 4 Is to 41x renumbered.

Sections 41n to 41 w

Punishment of person convicted

Sale of uncooked meats prohibited on Sunday

Policy playing

Pool selling and book making. . . .

Obstructing water

Contamination of salt wells

Misconduct at corporate elections.

Loans upon real property . .

Divulging telegraph or telephone messages

Riding bicycle on sidewalks

Indeterminate sentences

Chap-
ter.

Fftce.

871

1028

871

1023

871

1023

871

1028

871

1028

871

1023

871

1028

871

1028

871

1023

871

1028

871

1028

892

1066

190

481

636

1526

867

1008

528

1296

588

1425

128

812

661

1681

660

1869

425

1115

* Changed from 41]i. t Changed from 41o. i Changed from 41p. {Changed from 41f. {Changed

from 41r.

TABLE OF LAWS AMENDED OK REPEALED.

v. GBi!rBRA.L La.W3 Bbpealbd.
Revised Statutes,

Part.

Chap-
ter.

% —
Title.

Section.

SUBJECT OF SECTION.

Chap-
ter.

Page.

All

Lewiston school fund

210

Laws

Chap-

ter.

1868..

152

1888..

855

1890..

568

1892. .

152

1892..

878

1892..

682

1892..

688

1898. .

661

1894..

674

1895..

861

1895..

985

1895. .

1018

1896..

112

1896..

890

1896..

878

1896..

952

1896..

958

1897. .

876

1899..

269

1899..

270

1899..

406

1900..

1966!!

• • ■ ■ •

879

Section.

All

All amends

70-77, 79.

Art. 4, all.
All amends

^^A£. . . . .

All

All amends

26a

2-8

All

All amends

All

281, 232,
288, 289. .
All

SUBJECT OF ACT.

Dental societies

Publication of paleontology

Actions aerainst commissioners. . . . .

R. S. pU 1, ch. 15, art. 5

Partly rep^ed

Legislative printing ,

Public printing, etc

Tuberculosis and glanders

Public health

Tax clerk in Westchester county. . .

Ramapo water company . . . .

Public health law ,

Refund of excessive tax in villages,

Supreme court

Special jury commiEeioner

Tax law

Tax clerk in Onondaga county. . . .

Tax clerk in Oneida county

Tax clerk in Ulster county

Tax clerk in Erie county

Tax clerk in Queens county

Black lake, fishing in

Game law.

Transfer tax on certain estates.

• • • • ■

Chap-
ter.

Page.

215

518

815

850

536

1824

210

507

1260

507

1260

507

1260

821

864

821

864

178

898

123

802

821

864

640

1544

468

1189

601

1461

178

898

178

398

173

898

178

898

178

898

178

898

120

801

826

870

178

898

VI. Sections of Penal Code Repealed.

Section.

SUBJECT OF SECTION.

Chap-
ter.

Page.

411

Votinur after conviction for infamous crime

871

688
588

1028

594, sub. 6, 7.
618, sub. 1..

Misconduct of directors of stock corporations

Misconduct of officers of pipe line corporation

1425
1425

TABLE

LOCAL AND SPECIAL LAWS AMENDED OR
REPEALED BY LAWS OF 1901.

I. Local Laws Amended.

Subject.

Albany hospital

Albany county

Albany.

Amsterdam

Auburn

Binghampton

Binghampton.

Binghampton

Bradish- Johnson . . . .

Black river

Brooklyn

Brooklyn...

Brooklyn.... . ....

Buffalo

Buffalo .

Buffalo

Cattaraugus county.
Cayuga county

Laws

Chap-

of.

ter.

1849

481

1883

1884

218

1888

298

1885

181

1885

181

1885

181

1879

1894

1888

214

1888

214

1888

214

1888

214

1895

1900

100

1900

428

1888

588

1897

499

1900

784

1891

105

1891

105

1891

105

1891

105

1891

105

1891

105

1891

105

1891

105

1891

105

1897

240

1891

281

1882

183

Board of governors, § 6.

Meeting of supervisors § 1

Salary of sheriff and deputy, g 1. ..
Charter, tit. 20, S 1, fire limits ....

Charter, ^ 1, 2, fcoundaries ,

Charter, §^

Charter, §§8, 59, 105 ,

Charter,S72

Charter, g 57, city court

Charter , § 86

Charter, g 87, highways

Water supply, § 18

Charter, tit. 8, g 5, sub. 11

Charter, tit. 4, gS 18, 18, 19

Charter, tit. 7, § 28

Charter, tit. 10, § 8

Borrowing money, § 4

Settlement of estate, § 1

Pay forwater diverted by state, §§ 1, 8

Charter, tit. 16, § 14

Atlantic avenue, §18

Bedford avenue, ^ 4, 6, 7

Charter, g§45,47, 48

Charter, gg 121, 186, 188, 140

Charter, § 211, sub. 2

Charter, & 281, 271, 272, 278, 274, 276,
277, 279, 280, 281, 282, 288, 284, 285,
286, 287, 288, 289, 290, 292, 293, 294,
296,297,298.299 ..

Charter, § 884

Charter, 384b, 884c. added

Charter, §§ 897, 402, 410, 416

Charter,§445

Charter,§480

g§ 2-4 added, grade crossings

§ 7, bond of county clerk

§6, taxes

[12]

246

844

4i0

809

811

311

631

237

jl76

(681

175

169

198

678

198

679

297

590

228

876

564

228
127
627
228
199
228
86
2
665

689
175
942

1110
814
823
823

1512
678
408

1512
401
878
468
468

1708

468

1717

790

1427
650

1089

1878

650

811

1503

650

478

650

1676

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws Amended — {Continued).

Subject.

Chautauqua county.

Church charity
foundation

Church insurance
association

Clifton Springs
Sanitarium Co. . . .

Cohoes

Laws
of.

Cohoes

Columbia county
Coopenjtown . . . .

Coming

Corning

Coming

Cortland

Dutchess county

Elmira

Elmira reformatory.

Erie county

Essex county . . ^

Fredonia Normal

school

Geneva

German society

Hebrew Benevolent

Society

Homellsville

Hudson

Ithaca •

1884

1852

1891

1896
1892
1892
1892
1892
1892
1892
1892

1892
1898
1898
1889
1890
1890

1890

1890
1890
1862
1900

1860

1881
1894
1894
1894
1894
1900
1884
1895
1895
1877

1901
1897

1882

1896
1888
1899
1878
1895
18»8

Chap-
tir.

SEOTIONS AMENDED.

889

269

184

17
671
671
671
671
671
671
671

671

227

511

58
58

240

160

257

561
615
615
615
615
878
135
178
816
297

55
860

282

740
40
645
886
751
212

§§ 2, 5, 9, 10, 11, 17, 18, 19. 20, 21, 22,
24, 26, 27, 81, 48, navigation on
Chautauqua lake

2, B, charter.

§§ 1, 4, 7, 9. 12, charter

§ 1, issue of bonds

Charter, tit 3, § 2

Charter, tit. 4, 1 1

Charter, Ut. 4, § 7, sub. 40

Charter, tit 4, § 10

Charter, tit 5, g§ 15, 88, 58

Charter, tit 5, § 58

Charter, tit. 6, §§ 1, 2, 8, 4, 5, added,

§§6,7,9,10.11, 12

Charter, tit 7, § 17; tit 8, 8 18

Public Improvement Co., §g 5, 12, 14. .

County clerk's office, §8

Charter, § 19, sub. 17

Charter, tit 2, §§ 1, 2, 11, 18

5, 9, 16 .

il,5 ....
14

Charter, tit. 8,
Charter, tit. 4,

Charter, tit 5,

Charter, tit 8,

Fire department, g§ 8, 4

Charter, §§ 10, 18. 46, 52, 69, 70, 72, 77.
79, 80, 81, 91, 110, 111, 112, 118, 114,
151, 158, 170, 172, 185, 200, 201, 218,
240. 254, 258, 261, 268, 265 ...

Hyde Park fire department, §§ 2, 7. . .

Charter, §2. sewers

Charter, §^ 42, 48, 52, 58

Charter, §54

Charter, §153

Charter, § 188

Name and location, §§ 1, 4

Tax sales, § 14

Pay of county officers, § 4

Officers and assessments, §§6, 30

Lake Champlain Ferry, §§1-5

Lands for school, § 8

Charter, §§ 18, 82. 34, 35, 87, 57, 58.

subs. 2, 8, 7, §§ 62, 68, 108, 109, 124;

§§ 157-161 added

Charter, §1

May act as guardian, § 1

Charter, tit. 7, §§ 14, 15

Water department, §§ 1-80

Schools, §§ 1, 2, 4

Charter, g§ 79, sub. 2

Charter, tit 2, gg 5, 6. 8; §g 9, 10, 11
added

Chap-
ter.

529

554

170
298
625
569
625
625
566

298
625
682
463
431
628
622
j622
(628
622
628
484

196
401
626
226

43
226

43
193
205

61
668
442

450

296
111

676

459

439

895

Pasre.

1297

1357

874
791
1494
1382
1494
1494
1876

791
1494
1514
1183
1121
1504
1487
1487
1504
1487
1504
1214

438

1085

1502

641

122

641

122

435

498

174

1683

1150

1162

783
289

1710

1174

1185

168

1075

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws Ambndbd — {Continued).

Subject.

Ithaca

Jamestown . . .
Jamestown . . .
Jamestown . . .
Johnstown . . .
Kings county.
Kings county.
Lancaster ....
Lancaster ....

Lancaster
Lancaster

Lancaster .
Little Falls.

Lockport

Lyons

Manhattan M o r t -

gage Co

Mayville

McGrawville

Mechanic ville

Mechanicville

Montgomery county

Montgomery

Mount Morris

Mount Vernon

Mount Vernon , . . .

Mount Vernon

Mount Vernon . . . .

Mount Vernon

Mount Vernon .....

Na-sau county

Nassau county

New Rochelle .
Newburgh . . . .
New York city
New York city
New York city
New York city
New York city
New York city
New York city
\ew York city
New York city

1897
1897

1897
1895

1840
1886
1854

1874
1867
1869
1891
1891
1893

1889
1892
1892
1892
1892
1892
1892
1892
1893
1892
1892
1895
1897
1898

1899

1865
1869
1881
1892
1894
« . . •
1897
1897
1897
1897

Laws

Chap-

of.

ter.

1888

212

1888

212

1888

212

1888

295

1900

788

1886

1897

429

1895

568

1896

772

1897

499

1897

870

1897

870

SECTIONS AMENDED.

870
870

870
565

226
120
888

596
451
486
106
106
42

B • • •

518
182
182
182
182
182
182
182
182
182
182
710
888
588

128
541
227
546
541
147

I • • ■

878
878
878

878

Chap-
ter.

Charter, tit. 8, § 2

Charter, tit. 8, § 10 added

Charter, tit. 4, § 14

Schools, § 3

Schools, tit. of act amended

Charter, tit. 4, § 3

Charter, tit. 7, § 20

Money for Memorial day, § 1

Charter, §§ 58, 84

District attorney's office, § 8

Atlantic avenue, § 13

Charter, tit. 8, §§ 1 , 2, 4

Charter, tit. 4, § 1, 8, sub. a, § 15,

added

Charter, tit 6, §§ 1, 8. 5, 9, 10. added
Charter, tit. 9, ^ 2, 8, 15, 16, 84, 51,

adde<i

Charter, tit 10, § 12

Charter, §§ 2, 11, 15, 87, 88, 67, 68, 69,

80,99.140,163

Cemetery, § 3

Charter, g§ 48, 281, 251, 256

Charter, §11, police justice

Increase of capital, §8

Charter, § 20

Charter, ?§ 2, 21

Charter, tit 5, § 8, sub. 55, added. . . .

Charter, g 1 1. water

Sheriffs office, §§ 1 . 2, 10

Village charter levised

Charter, §§ 86b and 86c, added

Charter, tit 1, §§ 2, 8

Charter, tit 2. §§ 5, 8, 11, 12, 18

Charter, tit 2, § 22

Charter, tit 2, §§ 28, 25

Charter, tit 8, §§49, 68.

Charter, tit 6, § 158

Charter, tit. 6, § 166. sub. 59

Charter, § 97

Charter, § 229j

Charter, § 229k

Comptroller's office, ?§ 1, 2

Clams and oysters, §§ 1, 2, 8, 5, 6, 7. . .
Salary of district attorney and county

clerk, § 8 . .

Charter, § 52, sub. 6

Charter, tit 8, § 11

Lease of Fulton market, §3

Home for men, § 2

Libraries, §§ 1, 2. 3

Bridge over Harlem river, § 8

Charter amended and revised

Cliarter, § 276

Charter, § 472

Charter, § 720

Charter, § 612

895
675
895
894
894
567
446
480
812
556
297

870

1075
1709
1075
1074
1074
1878
1155
11:^0

824
1808

790

1015

470

1191

145

840

268

438

1184

460

1178

485

1126

257

702

238

674

841

987

864

1006

829

877

202

478

829

877

202

478

202

478

829

877

202

478

474

1206

285

748

478

1208

182

400

1082

887

980

725

1781

284

748

827

870

594

1448

607

1473

466

1184

780

681

228

456

1170

728

076

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws Amended — (Continued).

Subject.

New
New
New
New
New
New
New
New
New
New
New

York
York
York
York
York
York
York
York
York
York
York

city .
city .
city .
city .
city .
city .
city .
city .
city .
city .
city..

New York city.,
Niagara county.
Niagara Falls. : . ,

Niagara Falls. .

Norwich

Nunda

Ogdensburg.. . .
Glean

Oneida county
Oneida county.

Oneida county.
Oneida

Laws
of

1897
1897
1897
1897
1897
1897
1897
1897
1897
1897
1898

1900
1880
1893

Oneonta

Onondaga county. . .
Onondaga county. . .
Pasteur Institute. . .

Peekskill

Plattsburgh

Pom fret school,
Port Chester —
Poughkeepsie . ,

1892

1892
1895
1897
1893
1893

1897
1897

1898

Pythian Home.
Queens county
Rensselaer ....

Rensselaer county . .
Rochester

1885

1851
1867
1895
lb'87
1890

1858
1868
1896

1893
1872
1897

Etochester ..I 1880

1899
1861

Chap-
ter.

878
878
878
878
878
878
378
878
378
878
469

717
286
143

143

143
874

481

478

2r2

202
821

32
858
770
857
322

34
818
425

249
889
859

594

143

SECTIONS AMENDED.

Charter, § 733

Charter, § 812

Charter, ^ 816a

Charter, § 816, 831, 827, (825a, added.).

Charter, § 1083

Charter, § 1089

Charter, § 1152

Charter, § 1361

Charter, gg 1 473, 1 474

Charter, § 1526

Protection of navigable waters, g§ 1,
6. 7

Kingsley Lloyd claim, § 1

Town of Somerset, taxes, §§ 7, 8

Charter, 8§ 3, 6, 7, 8, 10, lUa, 14, 15, 17,
19, 30, 83, 41, 55. 55a, 67, 93, 95, 96
97, 98, 99, 101, 108, 104, 107. 108, 109,
110,111, 112, 114,149

Charter, § 154

Charter, g§ 177a. 180, 219. 230

Charter, title 12, §§ 1 , 2, 3, 6

Charter, §§ 45, 46

Charter, § 2, boundaries

Charter, §§ 6, 7, 24, 80, 41, 46, 80, 82,
sub. 9 and 46, 101, 101a, added

Board of equalization, g§ 5, 9, 10, 11 , 12

Board of equalization, §^ 17-18 renum-
bered 13-14

SheriflE's office, g§ 1-4.

City charter

Ch arter , § 60

Penitentiary, § 5 ...

Tax sales, ^§ 8, 9

Pay for treatment, etc., §§1,2.......

Taxes, §§ 2, 12

Charter, tit. 1, § 1; tit 6, § 13; tit. 11,
added, g§ 1-11

Schools, § 8

Charter, tit. 1, § 5; tit. 4, § 1

Charter, §§ 2, 3, 8, 11, 13, 14, 16, 26.28,
57, 72, 81, lOU 102, 120, 132, 161, 162,
163, sub. 8; §§ 166, 167, 111, 172, 184,
185, 192, 197, -.^00

Charter, § 10

Receiver of taxes, g§ 3, 4, 7, 8

Charter, g§ 2, 3, 10, 11, 17, 50, 51, 6?;
71, 86 renumbered §§ 87. 88; added,
§§ 96, 102, 103, 168, lb9, 170, 173, 174,
175, 176, subs. 5, 12; §§ 177, 178, 179,
187, 188, 198, 225, 255, 256, 258, 259,
260, 261, 26?, 263

Roads, § 3, bonds

Schools, ?§ 123, 127, sub. 2; ^g 138, 189
Charter, §§ 2, 4

Chap,
ter.

720
182
713
724
186
718
714
140
412
715

209
187
23 i

(565

863

340

\ ^^
(672

259

259
666
225

( 74

(380

207

381

482

353

110

204
629
177

294
168
727
106
572

Page.

675
415
670
677
421
672
668
827
1099
669

502
424
675

183

183
1374

133

1C04

985

1697

704

704
1687

531

189
1046

600

1048

1212

955
286
201

484

1508

404

756
371

1784
281

1386

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws Amended — {Continued).

Subject.

Rochester
Rochester
Rochester
Rochester
Rochester

Rochester

Rome

Saratoga Springs . . .
Saratoga Springs . . .

Saratoga Springs . . .

Saratoga Springs . . .
Saratoga Springs . . .
Saratoga Springs . . .
Saratoga Springs . . .
Saratoga Springs . . .

Saratoga county. . . .
Schenectady

Schenectady ...
Schenectady ...
Schenectady ...
Schenectady ...

Schenectady ...

Schenectady . .
Schenectady ...
Schenectady ...

SiDg Sing

Sullivan county
Sylvan Beach . .

Sylvan Beach

Syracuse

Troy

United States Mort-
gage and Trust Go
Udca

Utica

Utica ,

Utica

Watertown.
Watertown,
Water vliet .

Watkins

Westchester county.

Laws

Chap-

of.

ter.

1880

1887

614

1806

1018

1870

1866

330

1866

320

1866

330

1866

220

1866

220

1866

220

1866

220

1866

220

1887

214

1898

1863

885

1862

886

1863

885

1863

885

1863

885

1863

885

1883

880

1888

485

1899

588

1896

1897

440

1896

812

1896

813

1899

861

1900

259

1871

924

1863

1874

814

1874

546

1891

1897

788

1900

189

1850

822

1897

760

1896

905

1888

888

1861

125

1874

610

SECTIONS AMENDED.

Charter, § 1 28

Charter, § 198

Charter, g§ 198, 199

Charter, §§ 242, 243, 244

Police pension fund, g§ 1, 3, sub. 4,

added

Water supply §§1,4

Charter, tit. 2, § 2

Charter, S§ li 5

Charter, §18

Charter, §26

Charter, § 29

Charter, 8§ 81, 32, 84, 36, 36, 37, 38. . . .

Charter, § 64. sub. 8

Charter, §§ 79, 80, 81 , 82, 83, 84

Charter. § 85, added

Police, g§ 1, 2, 3, 4, 6, 6, 7, 8, 11, 12,

15,16

SherifiTs office, § 11

Charter, tit. 1, § 2; tit. 3, §§ 1, 3, 6,

35,26

Charter, tit. 8, § 14

Charter, tit. 4, § 4

onarxer, lit. o, ^^^ i. ...................

Charter, tit. 5, § 21

Charter, tit. 7, §§ 59, 60, 61, 62

Water act , § 6

Bonds, § 1

Fire commissioners, §§ 6, 7, 11

Name changed to Ossming

County clerk's office. § 2

Charter, §§ 3, 8, 4, 5. 6, 7, 8, 9, 10, 11,
g 10 renumbered 13, § 12 renumbered
13

Charter, §§ 14, 16, 16, 17, 18, 19, 20, 21,
22, 33, 24, 36, 36

Charter, §§ 4, 6, boundaries

City court, §§ 18, 33, 36, 37, 38, 29 . .

Charter, § 5

Charter, § 47, 53, 54, 66, 56, 67, 58, 69,

60, 61, 63, 99, sub. 7. 140

Police grade and pay, § 6

Raising money, § 3

Mohawk river, money to improve, § 13

Assessments, § 1 1, sub. 5

Money for bridges

Fire department, §§ 3, 3, 5, 9, 13, 16, 17
Charter, § 115, board of public works.
Charter, tit. 4, §§ 11, 30; tit. 7, §§ 3, 3,

4; tit. 8, §§ 2. 3. 4

Water bonds, § 10 ...

Charter, tit. 3, § 1; tit 4, § 2

Sale of lands for taxes, § 7

727

200

719

574

j433

{721

249

434

178

179

(178

^547

jl78

<647

178

647

250

603

869
582

398

575

882

383

( 143

^670

576

311

323

188

119

361
899
674

613

577
78
411
579
384
668
680
203

641
379
268
838 I

Page.

1784
474

1774

1892

1138

1778
692

1124
407
412
407

1843
407

1348
407

1348
694

1224

1010
1418

1067

179

1393

1053

1068

830

1693

1894

605

628

416

800

986

1080
1704

1477

1895
199
1098
1407
1064
1691
1609
488

1645

1044

708

TABLE OF LAWS AMENDED OR REPEALED.

L LooAL Laws Amended — ( Concluded).

Sabject*

Westchester county.

Westchester coun^.

Westfield Cemetcfy

Corporation ....

White Plains

Woodhaven fire de-
partment

Yonkers

Laws
of.

1804
1901

1848
1900

1896

1898

1895
1898

Chap-
ter.

687
684

15
497

674

416

685
696

SECTIONS AMENDED.

Sheriff's fees, § 1

Salary of county Judge. . . •

Amount of land, § 3

Streets, §6

Charter. §§ 2. 6, 6, 7, 18, 14, 15, 19, 20,

21.22,24,26, 81

Charter, tit 4, § 8

Charter, tit. 8, § 5, 9, 185, 821

Charter, tit. 2, §§ 7, 8

Police salaries, § 4

Chap-
ter.

537

584

453
810

882
805
181
185
316
92

Page.

1324
1421

1164

821

883
810
315
821
851
226

n. Local Laws Bepealed.

Subject.

Binghamton

Cohoes •

Cold Spring

Coming

Cortiand

Crossing on Cayuga

Dutchess county. . . .

Ceneva

Homellsville

HomellsTille

Lockport

Montgomery

Nassau county

New York city

Glean

Oneida

Oneida county

Oneonta

Oswego county

Oswego county.

Oyster Bay

Queens county

Rensselaer county. . •

Laws

Chap-

ter.

1890

1892

842

1899

188

1892

671

1900

750

1890

1880

109

1889

842

1896

816

1856

112

1897

860

1888

1889

125

1900

422

1810

1817

198

1842

102

1869

784

1881

665

1897

838

1897

878

1898

478

1894

620

1897

202

1885

1865

458

1883

179

1886

189

1876

284

1872

389

1884

168

SECTIONS REPEALED.

Charter, g 2

Amends charter

Gku*bage act

Charter, tit. 6, § 16; tit. 6, §§ 4, 5. . . .

Licenses

Charter, tit. 4, § 10

Charter

All

Town auditor's act

Charter, §§ 86, 88, sub. 8

Charter, §§ 11, 12

All, amends charter, §§ 11, 12

All, city hospitaL

Charter

Protection of oysters and clams, §9..

Charter, ^S 358-371

Charter, g§ 18, 19, 35

Charter of village

Board of equalization, g§ 13, 14, 15 .

Charter, ^ 53, 54, 55

Phoenix free school act :

Phoenix free school act

Taxes

Receiver of taxes, §§ 9-25

Chap-
ter.

Page.

198

468

198

468

273

298

791

628

1506

196

466

194

436

156

357

296

784

247

690

247

690

568

1379

120

4(0

1085

245

225

641

259

707

196

286

677

2;jrt

677

236

677

178

406

124

809

TABLE OF LAWS AMENDKD OK REPEALEU

IL Local Laws Repkaled — {Concluded).

Subject.

Rochester

Saratoga Springs. . .
Schenectady county.
Schenectady county.
Schenectady county.
St. Lawrence county
Sylvan Beach. . . .
Watkins. ,

Laws

Chap-

of.

ter.

1861

143

1875

517

1869

812

1873

246

1893

1866

394

1896

812

1861

125

SECTIONS REPEALED.

Title 6, § 128, schools

All, auditors

All, poorhouse farm

Ail, poorhouse farm

All, additional justice

Charter, §§ 5. 7, 18

Charter, tit. 2, § 7

Chap-
ter.

Page.

106

281

180

418

127

. 44

127

426

1116

861

1008

258

708

TABLE

GENERAL LAWS AND SECTIONS OF THE CODES
AMENDED OR REPEALED BY THE

LAWS OF 1902.

I. Gbnebal Laws Amended.
Hevised Statutes.

Part.

Chap-
ter.

Title.

Section.

SUBJECT OF SECTION.

Chap-
ter.

Page.

s • • • •

74, 76, 79,
80,82

Parole of prisoners

500

1186

Laws,

Laws
of

Chap-
ter.

Section.

1884..

285

1889..

882

563

1890.,

1890..

563

1890..

564

1890..

564

1890..

564

1690..

564

1890..

565

4, sub. 10

1890..

565

1890..

565

1890. .

565

59a

18^0. .

565

1890..

565

67a

1890.,

565

1890..

665

161

SUBJECT OF SECTION.

Transfer of securities by Superintendent of

Insurance

See R. S. pt. 4, ch. 3, tit. 2, §§ 74, 76, 79, 80, ^2

General corporation law:

Filing and recording certificates

Corporate names

Stock corporations law:

Reorganization

Guaranty of stock and bonds, etc

Rt'duction of capital of insurance corporation
Merger

Railroad lata:

Borrowing money

Railroads in foreign countries

Baggage checks regulated

Street surface roads

Maintenance of bridges over road

Borrowing money by iuunicipaliti''3

Within what time road to be built

Elevated railroad stations

162

444

285

835

310

601

1751

286

836

344

504

11F3

225

eo9

388

990

226

610

140

407

198

501

209

C64

873

961

TABLE OF LAWS AMENDED OR REPEALED.

General Laws Amended ~( Continued).

Laws
of

1890..

1890. .
1890. .

1890. .
la90..
1890..
1890..
1890. .
1890..
1890..
1890. .
1890..
1890..
1890..
1890..
1890..

1890..

1890..
1890..

1891..
1891..
1891..
1891..

1892..

1892.,

1892..

1893..
1893..

Chap-
ter.

566

667
567

568
568
568
568
568
568
568
568
568
568
668
668
568

568

569

4
4
4
4

878

677

679
679

681

682
682

Section.

1892..

686

1892..

686

1893..

686

1892.

686

1892..

686

1892..

686

1893..

686

1893..

686

1892..

686

1892..

686

1893..

686

1892.,

686

61, sub, 1

0
11

4, sub. 1
7

19, sub. 2

20, sub. 6

180

157

Art VIII,

180-189

added.

161

178

6
82
84
44

84
89 added.

46, sub. 8
48

87
114
117
118
121
122
128
124
126
127
128
129

SUBJECT OF SECTION.

Transportation corporations law:
Powers of gas companies

Business corporations law:

Stock of shareholders on consolidation

Transfer of property on consolidation

Highway law:

Report of com mission er

Purchase of road rollers •

Report of commissioner

Penalty for throwing rubbish on highway . . .

Opening obstructed highways

State aid

County engineer

Commutations

Penalty for failure to pay tax

Assessments for unperformed labor

Bridges

Law of the road

County supervision

Article 8 renumbered art 9 gg 180, 181, 182,
188 renumbered §§ 200, 201, 202, 203

Tonm law:

Reports as to money • -

Compensation of town officers . .*

Rapid transit law :

Plans, etc •

Tunnel railroads

Construction

Commissioners of appraisal

University law :
Libraries •

Statutory constrtustion law :
Performance of contracts on holidays

Indian law:

Sale of gypsum, sand and gravel

Poles and wires, Tonawanda reservation

• Public officers law :
Removal of coroner by governor

Legislative law :

Session Laws to jury commissioner

Constitutional amendments, how printed

County law :

Fire districts in towns

Proceeds of dog tax

Liability of owner of dog •

Duty of fenceviewers

Orders to pay for sheep and goats

When owner to refund

When dog may be killed

Owner to kill dog . . •

Who deemed owner of dog

Penalties

Adoption of dog registration law

Dog defined

Chap-
ter.

596

Pai?e.

1744

488

1071

457

1105

200

129

880

258

680

166

451

823

886

166

486

103

106

858

242

645

209

821

883

880

896

1008

896

10C8

269

680

820

882

642

1208

584

1610

644

1209

688

1269

ia5

478

829

801

296

858

820

298

847

182

475

142

408

168

489

168

489

TABLE OF LAWS AMENDED OR REPEALED.

Obstbral Laws Ambndbd — ( Continued).

18d3..
1802..
1892..

1892..
1892..
1892. .

1892. .
1892. .
1892..
1892..

1892..
1892..

1893..
1898..

1898. .

1893..
1893..

1893..
1893..
1893..
1893..
1898..

1898. .

1893. .

1893..
1893. .

1893.
1893..
1898. .
1898..

1894..

1894..
1894..
1894..

1896..
1895..

CbAp-
ter.

689

680
686

686
686
686

689
689
689
689

690
690

227
227

887

888
338

838
838
888
838
838

838

888

838
838

661
661
681
661

166
817
888

Beetkm.

188
165

203

322, Bub. 44

222. sub. 49

280, Bub. 4

II69 sub* ^
116, sub. 6

66
57

8, Bub. 2
8

70e,70f,70K

added

80a added

80b

88a added
142

146, Bub. 4

166, sub. 4

190 Bubs.

2
80
26

SUBJECT OF SECTION.

666 tit 2. § 3

666

556

220

tit. 2, §§5,6
title 8, 27a
added.

County law — Continued:

Seizure of dog not retristered

SherifiTtt office, New York and Kings, hours. .
Assistant district attorneys in Onondaga

county

Salary of surrogate, Schenectady county . . . .

Salary of county judge. Suffolk county

Salary of court criers, Queens county

Banking law :

Deputies •

Annual meetings of directors

Investment by savings banks

Securities that may be held

Insurance law:

Insurance of minors

Lloyds associations

Public buildings law:

Property in State offices

Duties of state architect. •

Powers of trust companies

Agricultural law:
Sale of imitation butter prohibited,

Bob veal ,

Bounty money for beet sugar. . . . . ,
Prevention of disease among bees.

Iloney defined .

Sale of imitation honey

Duty of commissioner • . • ,

Disease of fruit trees

Duty of commissioner

Money to fairs

State fair

Public health law :
Term of office, members of local boards

Aidmission to examination ,,..,

Practice of dentistry

Pharmacy state board.

It 2, 8, 4, 5

Senic society charter ,

Public lands law :
State mines •

Canai law :
Street railroads crossing canals

Consolidated school law :
Withholding money by Ck)mptroller.
Apportionment of free school fund .

Adoption of academies

Memorial Day, rights of veterans,

Pawnbrokers

Chap-
ter.

158
401

148
255
234

507

54
145
598
440

487
297

277
212

860

885

80
240
214
214
214
214
27
519
j 27
J 519
521
263

339
243
210

218

501

503

840

b03
816

825

Page.

439
1020

413

676

634

1218

105

416
1746
1074

10*; 0
854

617
579

946

986

642

580

1237

1243

684

902
646
565

587
1188
1192

908

1001
877

887

312

803

TABLE OF LAWS AMIilNDED OR EEPEALED.

General Laws Amended — {CofUinued).

1895..
1895..
Ib95..

1895..

1895..
1895..

1895..
1895..
1895..
1895..
l';9o..
1895..

1895..

1896. .

1896..
1896..

1896. .

1896..
1896..

1896..

1896..
1896. .
1896..
1896..
1898..
1896..
1896..
1896. .
1896..
1896..

1896..

1896..
1896..
1896. .

650
559
559
559

670

611
700

723
728

728
728
723
723
723
723

754

225

272
272

876
376

877

877
877

440

545
545
5^5
645
545
545
545
545
545
645

646

546
645
545

Section.

SUBJECT OF SECTION.

140

1.4

1
1

» • • •

62, added.
61
62
66
80

148, added.

11, Bub. 1.
80, added.

9
29

2, Bub. 12,
added.

7
9

6a, added
9
10
11
15
81
82
83
84
85

87
88
89

Membership corporatioris law:

Amending certificate

Consolidation

Power of humane corporation

Agricultural society may take land by con
deuination

Racing law:
Racing associations powers •

Highways in certain towns, etc

Time to complete railroads extended

Religious corporation law:

Sale and mortgage of property

Art. 8 made art. 4, art. 4 made art. 6, and title
amended; art. 6 made art. 6; art 6 made
art 7: arts. 7, 8, 9 made arts. 8, 9, 10

Art. 8, §§ 87-47 inserted

Division of Roman Catholic parish

Lutheran churches

Reformed churches

Trustees »

Application of article . .

Payments by municipalities to hospitals out of

state

Poor law :

Power of supervisor ,

Domestic relatione law :

Who may perform marriages

Rights of married woman • • . ,

Domestic commerce law :

Size of apple, pear, etc., barrel

Detention of milk cans

Benevolent orders law:

Knights of Columbus

Knights of Columbus inserted •

Joint corporations, powers of

Identification of criminals

Insanity law:

Power of commission

Annual report

State hospital districts

Change of districts

Duty of commission ,

Local boards abolished

Boards of visitation

Expenses of boards

OfiicerB

Superintendent

Manhattan and Long Island hospital. ... • . <j

Meetings of superintendents

Salaries

Estimate of expenses ••..•.,

Page.

841
439
169

582

267

881

487

208

905

1078

454

1607

678

893
1142

562

881

865

952

381

831

881

156

485

117

875

622

1243

289

844

887

899

482

1185

890

995

890

995

258

674

244

647

699

1747

TABLE OF LAWS AMENDED OK KEPEALED.

General Laws Auendbd — (Contintted).

Laws

Chap-

ter.

1896..

645

1896..

616

1896..

546

1896..

546

1896..

5i5

1896..

545

1896..

645

1896..

546

1896..

545

1896..

545

1896..

645

1896. .

545

1896..

545

1896..

546

1896..

546

1896. .

647

1896..

908

1896..

908

1896..

908

1896..

908

1896..

908

1896. .

908

1896..

908

1896..

908

1896..

908

1896. .

908

1896..

908

1896..

908

1P96. .

908

1896..

908

1896..

908

1896..

908

1896..

908

1896. .

908

1896..

909

1896..

909

1896..

909

1896..

909

1896..

9G9

1896..

909

1896. .

909

1897..

109

1897,.

269

1897. .

846

Section.

42
48
44
45
46
51
58
54
69
74
78, added

Art. Ill,

40-58

115

100

101

181

184

150

189, sub. 7

added . .

i02

228

280

284

84, sub. 11

59
64

4
10, 18, 14

SUBJECT OF SECTION.

Insanity law — (Ck>ntinued):
Superintendent as treasurer. ......;•

Monthly statements

Actions for support, etc

General duties of steward

Purchases and contracts

Official oath

Action against state commission

Removal of dead

Repairs. .

Streets through hospital lands

Admission of patients

Discharge of patients ; • . .

Sale of unclaimed property of patients

State charities law :

Office of fiscal supervisor

Oraig Colony, maintenance of inmates

Heal property law:
Compensation of trustees . . . ■

Tax law:

Real property where taxed

Where property in more than one district. . . .

Time of making assessment

Taxation of bank shares

Assessment of franchises

Correction of assessment-rolL

Reassessment

Payment of State tax

Return of unpaid taxes

Rejection of taxes

Comptroller's deed

Notice to occupants

Sale for taxes

Trust companies

Exemptions

Taxable transfers

Tax appraisers Dutchess Co

Transfer tax clerk Dutchess Co - . . .

Election law:

Boundaries of election dis.ricts

Ballot boxes

Registration for town meetings

Place of filing nominations

Time of filing nominations ...••..•«

Declination of nomination ,

Ballots and stationery

Time to complete Davenport, Middleburgh and

Durham Railroad

Bridges between municipalities

Salary of jury conunissioner, etc

Page.

26
130
26
130
26
26
26
26
26
26
26
26
26
26
891

252
856

151

171
200
324
126
112
171
171
878
171
171
844
171
171

172
172
101
496
283

405

i241

^405

405

jl76

M05

141
801

408

80
890
80
890
80
30
80
80
80
80
80
80
80
80
999

665
942

424

457
504
886
884
367
457
457
970
457
457
908
457
457

461
461
351
1169
833

317
1024
1024

643
1024
1024
1024

468
1024

408

856

1032

TABLE OF LAWS AMEKDED OR REPEALED.

General Laws Ambkdbd ^ {OonHnued).

Laws
of

1897..
1897..
1897..
1897..

1897..
1897..
1897..

1897..
1897..

1897..

1897..
1897..
1897..
1897..
1897..

1897..

1898..
1898..
1898..

1898..
1898..
1898..
1898. .
1898..

1898..

1899. .

1899..
1899..
1899..

1900..
1900..
1900..
1900..
liiOO. .
1900..
1900..

ism..

1900..
1900..

19(J0..
1900..

Chap-
ter.

418
418
418
418

414
414
414

415

416

417
417

418
418
418
418
418
418

592

115
116
115

183
182
182
182
182

182

152

870
870
870

20
20
20
20
20
20
20
20
20
20

20
20

Section.

7
14
89

128
280
829

18
16

8
9

12
17
20
60
98

12
19, added

282, 288

240

241-247,

added

442

20,21

12a

20a

80
88

SUBJECT OF SECTION.

Sta te finanee law:

Education fund

Temporary loans, etc

Acceptance of trusts by Comptroller. . . .
(General fund

Village law:

Purchase of road machinery

Assessment for fire protection ....

Consolidation of villages

Labor law:

Employments on public works

Labels, use of

Peraonal property knp:

Compensation of trustees

Investment of trust funds

Lien law:

Liens under public contracts • . . .

Notice of lien

Duration of lien

Discharge of lien ,

Lien for service of stallion ,

Filing chattel mor^ees

Navigation law :

Condemnation of rivers and streams

Oood roads law:
Acceptance of highways: Maintenance. <

Street surface rauroads

Section 19 renumbered § 20

Cities of second class :

Aldermen

Ordinances and appropriation of money ,

Fire marshal

Schools in Albany and Troy

Chap-
ter.

Board of education in Albany and Troy

City sealer.

Side path law:

Powers of depuj^ sheriils

Civil service law:

Classification of grades of service

Provisional appointments •

Veterans and exempt firemen •

Chime law :

Deer, close season, special

Traps and lights for taking deer. .••••.•

Black and gray squirrels

Black and gray squirrels^ special

Close season for certain biros, Jefferson county

Woodcock, close season

Woodcock, close season, special

Grouse, close season

Grouse, close season in Westchester county. . .
Woodcock, grouse and quail not to be pos-

Plover, close season. .

Taking wild birds, regulated

28
866

59
866

280
591
520

454
88

150
295

87
87
87
87
851
64

618

58
879
879

221
177
402
560

560
828

806

270
865

270

205
71
161
161
874
817
125
817
886

817

111

j869

^617

58
958
11«
953

829
162S
1242

1098
816

428
852

74
74
74
74
919
245

1789

104
972
972

596

470

1031

1841

1841
890

868

804
941
804

546

JBVO

444

962

879
888
879

879

866

946

1286

TABLE OF LAWS AMENDED OR REI^EALED.

Qekeral Laws Amended — {Concluded).

Laws
of

1900..
1900..

1900..

1900..
1900..
1900..
1900..
1900..
1900..
1900..
1900..

1900..

1900..
1900..
1900..
1900..
1900..
1900..

1900..
1900..

1900..
1901..
1901 . .

1901..

1901..
1901..
1901..

Chap-
ter.

20
20
20
20
20
20
20
20

20
20
20
20
20
20

827

416
182
240

884

884
534
591

Section.

50a, added.
58

59a added.

78,74

80a added.

89,88

87, sub. 8.

added

125

128

141, added
170
222

15, added.
81

18,15

2,4,5

2, 7, am. 8.

added

166, added.

1, sub. 9

SUBJECT OF SECTION.

Oame law — (Continued):

Sturgeon ,

Fishing in Lake Wanita

Fishing through ice in certain ^ aters

Fishing through ice,.etc... ••

Penalties

Spearing fish in Niagara riTer

if eta in waters of Jefferson county. . •

Fishing with set lines, etc

Fishing in Seneca lake

Fishing in Cayuga lake

Fishing in Chautauqua, Cassadaga and Bear
lakes

Oil creek

Non-residents taking fish

Shell fish how taken

Who may take shell fish

Fish and game from out of state

Oame protectors number increased

Trespass on forest preserve. • ....

General city law :

Crematories

Notice of hearing on city bills

Tuberculosis hospital support of patients

Amending tax law revived.. •

Lands for highways

Tenement house act:

General amendments. §§ 11, 12, 18, 16, 16, 18,
19, 20, 21, 28, 84, 26, 27, 28, 82, 88, 84, 51, 52,
58, 55, 56, 57, 58, 59, 60, 61, 62, 64, 71, 72, 74,
77, 77a; added, 78, 79, 80, 88, 91, 90, 95, 96.
97,98,99. 100,101,106, 118

Application of tenement house act to Buffalo.

Salaries of aldermen in cities of second class. .

Ninth congressional district

Chap-
ter.

Page.

861

948

848

908

(282

618

•^292

846

(511

1228

218

580

299

857

808

860

804

861

524

1245

818

872

960

847

914

802

267

6'*9

882

894

194

487

247

658

884

896

168

454

858

989

108

861

172

461

510

859

548

298

1881

920

1814

865

TABLE OF LAWS AMENDED OK REPEALED.

IL Sections of Code of Civil Procedure Amended.

145

181a, added

823

824

890a, added

791, sub. 18,
added....

927

1080^ sub. Vo*
108 1, sub. 8,

1094

1097

1108

JLXJV •.• ..>

1127, sub. 7,

1242 ...

1251

1844..

1774

2618

2tt0ti

2n20

2685

8160

8161

8162

8188

8189

81«0

8191

8192

8198

8194

8251, sub. 4,
8820

Duty of stenographers •

Jail liberties in Nassau county

Duty of county treasurer of Erie county

Chief justice of New York city court

New York city court, when open

Limitation of time to enforce action arising in another state

Divorce actions

Evidence of serving notices

Exemption from jury duty

List of trial jurors in New York city

Ballots for trial jurors in New York city. . . . ,

Non-voters jury box in New York city

Collection of jury tines in New York city

Exemptions from jury duty

Sale of real property pursuant to judgment

lien of judgment on real property

Appeals

Entry of judgment in divorce actions

Surrogate's stenographer •

Accounting by executor, etc •

Proof of handwriting ,

Wills to be returned after probate

Application of certain sections

Service of notices

Service of notice of trial •

Appeal to general term, from a judgment

Appeal, from an order

Tiri e to appeal from an order; proceedings

Appeal from general term to Supreme Court; in what cases.

Proceedings on appeals regulated

Time to appeal; where heard

Determination on appeal, how enforced, etc

Costs

Receiver's commissions.

106
811
675
515
515
198

857
9i
291
2Vfl
491
491
491
456
291
^«
«18
515
864
265
}'49
114
114
615
515
M5
515
515
61''.
515
515
515
615
515
404

8?^9

869
1474
12<i7
1227

4b7

943

8.'7

845

1152

1163

1154

1104

845

408

8t*0

12^7

»51

6b7

915

871

1227

1028

III. Sections of Code of Criminal Procedure Amended.

56, sub. 26..

529

.586

689

618a, added.
908

Duties of special county judge

Jurisdiction of special sessions

Certificate of stay upon appeal

Appeal to court of appeals in capital cases must be ax^gued

within six months

Judgment of 8 ffirmance, etc

When witnesses to ^o out of state

Commitment of prisoners

8S7
249

217

869

86M

802

9^
661

586

957
957
828
859

TABLE OF LAWS AMENDED OR REPEALED.

IV. Sections of Penal Code Amended.

Sections.

148a. added.

282

OOw ■•••• •*•
468a, added.
4A8b. added.
468c, added.
468d, added.
468e, added.

601

651a

666

686

687a

699

SUBJECT OF SECTION.

AdTertisementB to procure divorces

Abduction in certain cases defined

Manufacture of gunpowder and other explosives • • .

Criminal anarchy defined •

Advocacy of criminal anarchy

Liability of editors and others • •

Assemblages of anarchists •

Permitting premises to be used for assemblages of anarchists

Receiving deposits in insolvent bank

Frauds as to meters, eto • .

Speed of automobiles

Punishment for attempts to commit crime increased

Convicts, sentence of

When child to be tried as for misdemeanor

Chap-
ter.

F»ge.

208

586

818

486

1141

871

958

871

958

871

958

871

958

871

958

148

420

888

895

266

688

116

874

S82

882

108

855

V. General Laws Repealed.

Laws

Chap-

ter.

1875. .

107

1881..

619

1893 .

883

1«94..

888

1896..

546

1900..

878

1901..

884

Section.

All

X40. . • ■ . . •

101

9, sub. 12

11-14

118

SUBJECT OF ACT.

Shooting of pigeons

Improvement of Salmon river

Local fairs not to be held at the same time as

state fair

Black Rock Harbor sale of surplus waters. . . .

Approval of plans

Fishing in Lake Champlain

Elmira reformatory, estimates

Space around pipes, etc

Chap-
ter.

61
24

81
288
252
190
252
852

F»ge.

117
28

60
689
678

484
678
988

VL Sections of Code Civil Procedure Repealed.

Sections.

8116
8117
8118
8119
8?20
SlvO
8127
8128
81*^9
31 MO
8181

subject of section.

Justice sixth district to be attorney

Justices* jurisdiction in Brooklyn extended . . . .

Justices' salaries

Clerk; salary and bond

Duty of clerk

When complaint may be served with summons.

Jury trial; when and how demanded

Setting aside default, etc

Ckwts on recovery of one hundred dollars

Costs when defendant recovers judgment

Costs in action by working woman

Chap-
ter.

Page.

580

1600

560

1600

580

1600

580

1600

580

1600

580

1600

580

1600

680

1600

580

1600

580

1600

580

1600

TABLE OF LAWS AMEKDED OR REPEALED.

VL Sections of Code Civil Procedure Repealed — (Concluded),

Chap-
ter.

P»«e

580

1600

580

1600

580

1600

580

1600

5b0

16c0

580

1600

580

160

580

1600

Sections.

8183....
8dl5. . . .
8316. . . .
8217....
8310. . . .
8330....
8331 ...
8333....

SUBJECT OF SECTION.

Costs upon adjournment , . . ,

Jurisdiction of civil action in New York city ,

Removal of action to city court ,

When order of arrest may be granted

Requisites of certain undertakings ,

Docketing judgment; executions, etc ,

Enforcement of certain judgments of working woman
Costo in action by workmg woman

TABLE

LOCAL AND SPECIAL LAWS AMENDED OR
REPEALED BY LAWS OF 1902.

I. Local Laws Amended.

Subject.

A Iban J county

Albany

Alden

American Baptist

Mission society. . • .

Auburn

Auburn • • • . ,
Auburn ....
Auburn . . • . .

Auburn

Auburn . . . • .
Auburn . . . . ,
Auburn . . . . .
Auburn . , . . ,
Binghamton

Binghamton

Broadway Savings
Institution

Brooklyn Improve-
ment Co

Brooklyn

Buffalo

Buffalo.. •«

Laws
of

Chap-
ter.

1850

1883
18S6
1890

1848
1879
1879
1879
1879
1879
1879
1879
1879
1879
1888

1888
1888
1899

1851

1R66
1897
1&82
1891
1891
1891
1891
1891
1891
1891
1891

86
298
201
562

117
68
58
58
58
58
58
58
58
58

214

214
214
887

245

857
499
59
105
105
105
105
105
105
105
105

SECTIONS AMENDED.

Tax deeds. § 51

Charter, tit. 8, §7..
Penitentiary, §4 ..
Charter, tit. 2, § 16.

Chap-
ter.

Powers, §§ 2, 8

Charter, § 4

Charter, § 29

Charter, § 38, sub. 50

Charter, §49

Charter, § 74

Charter, §§ 85, 80

Charter, |5 94

Charter, § 96

Charter, § 140

Charter, tit. 2, §§ 1, 10, tit. 8, g 2, tit 4,

§21

Charter, tit. 5, § 1

Charter, tit. 8, § 1

City court, §§ 5, 8, 14, 15, 20, 26

Charter, § 2.

Charter,§l

Atlantic avenue, >;§ 6, 7

Merchants' exchange, g 11 . . .

Charter, § 14

Charter, S 46

Charter, § 52

Charter, I 68

Charter, § 92

Charter, §5^ 114,126

Charter. $^ 129, 180, 134, 140.
Charter, ^$^ 187, 211, sub. 8...

PagOi

562

1845

279

828

12'«

887

107

860

358

944

49S

1175

498

1175

4W8

1175

498

1175

498

1175

498

1175

498

1175

498

1175

498

1175

881

978

121

881

120

379

582

1265

197

LOO

523

1244

45a

1094

109

864

231

616

586

1618

281

616

573

1472

566

1856

191

484

551

1316

•30

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws Amended — {Continued),

Subject.

Buffalo

Carxandaigiia

Chautauqua county.

CohoeB

Gohoes

Laws
of

Coming .
Delhi....
Dunkirk,

FJmira

Elmira

Erie county

Predonia 1894

1891
1891
1891
1891
1898
IStlS
1893
1898

1890

1882
1885

1894
1894
1891

Fulton

•^Oloversville ...

Oreen Island

Hamilton college..

Herkimer

Hornellsville

Hudson......

Hudson

Ithaca

Jamestown

Johnstown.
Kingston . .

Leicester . .
Little Falls....
Little Falls....
Little Falls...

Lockpon

Lockport

Lookport

Mechanicvllie

. . • . •

Medina

Middletown .......

Middletown

Mohawk and Hud-
son River Humane
Society

Montour Falls

Mount Vernon

National Travelers*

Insurance Co

Newburgh

1898

1899
1809
1888
1»H7
1888
1895
1895
1895
1886

1895
1896

1869
1895
1895
1895
1886
1H86
1886
1891

1874

1871

1894
1868
1893

1868
1897

Chap-
ter.

105
105
105
1(15
666
810
671
227

896

615
615
108
480

269

875

882
1?8
485

40
751
751
162

568

747

845
565
565
565
120
120
120
106

636

292
160
182

49
272

SECTIONS AMENDED.

Charter, S 286

Charter, § 308

Charter, S 874

Charter, § 384b, 884c

Charter, tit 6, § 25

Sp*K5ial county judge, §§ 1, 2, 8, 4, 5, 6,

Charter, tit. 9, § 4

laprovement commission, g§ 6, 14, 15,

16.17, 18

Charter, tit. 5, § 1

Salary of librarian, § 8

Charter, tit. 14. § 4, 8, tit. 16, § 25, tit.

20, § 3, tit. 21, § 18, tit. 24, §g 5, 6, 7,

tit25,§ 1

Charter,^ 39

Charter, § 129

Sheriff's office, §§ 2, 7, 8 j

Charter, art. 2, § 15, sub. 13, art. 4, gg!

1, 2, 8, 14, art. 5, g 1, art. 8, § 1, art:!

^§2 i

Charter, §145 i

City charter '

Charter, §§89,131 1

Charter, §41 1

Investment of funds, § 1 j

Charter, § 6

Charter, tit. 7. § 6

(Charter, § 79, sub. 7

Charter, tit. 18, §§71,72

Sewer bonds. § y

Charter, tit. 2, § 8, tit. 5, §§ 14, 21, tit.

Charter, §§ 7 1— 74, '76,* 77*, 8 1*, "82,' 83,* 89.
Charter, § 124, tit. 15, added, g§ 161-

181, schools

Cemetery trustees, § 2

Charter, S 8, boundaries

Charter, ^ 4, wards

Charter, § 53

Charter, §§ 4, 29, 57, 62, 104

Charter, § 135

Charter, §§ 148, 144, 146 1

Charter, tit. 1, § 2; tit. 5, § 8, subs. 80,

Charter, tit. 2, § 8; tit. 5, §§ 1-14 added;'

tit. 8. § 13a added ; j

Fire department. §§1,6. '

Charter amended and revised

Charter, g§ 1, 2

Charter, § 89

Charter, tit. 2, § 52a added; tit. 4, §!
184; tit. 6, § 166, sub. 59 .j

Charter. §§6,18

St, Luke's Hospital, § 2

278

278
888
573

818
110

610

493
65

Chap
ter.

Page.

552

139

512

1224

519

ia»4

264

884

984

499

1185

245

648

555

1322

529

1250

180

472

179

471

845

910

lis

li>6

124

534

1271

326

P8*J

135

4iM)

247

4*7

1087

448

10»7

547

1312

895

1004

233

619

494

1158

280

615

173

4ft3

174

465

271

W)7

222

597

268

6-9

222

697

813

818
900

13u7

870
365

1780

1155
246

TABLE OF LAWS AMENDED OR REPEALED. 31

L Local Laws Amended — (Continued).

Subject.

New Rochelle.

Niagara county.
Niagara Falls. . .

Niagara Falls.

Niag^a Falls

Niagara Falls. . • , . . .

Niagara Falls

New York Academy
of Sciences..

New York Ci^ Mis-
sionary Society. . .

New York Building
and Improvement
Co

New York city

New York city • . . .

New York city

New York city ....

New York cicy

New York city

New York city ....

New York city

New York State
ConTention o f
Universalista ....

North Tonawanda..

Laws
of

1899

1901

1892

1893
1893
1892
1892

1818

1866

1881
1887
1894
1896
1896
1897
1897
1897
1897
1897
1897
1«97
1897
1897
1897
1897
1897
1897
1897
1897
1^97
1897
1897
1897
1897
1899
1899
1901

1862
1897

Chap-
ter.

128

658

148

148
148
148
148

197

681

698
696
115
485
617
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
878
6i2
643
218

SECTIONS AMENDED.

188

861

Charter, art. 2, g§ 10, H, 12, 17, § 21

added; art 8. § a6a added

Towns of Newfane, Lewiston, Wilson,

§1

Charter, §§ 6, 10, 11, 18, 16, 17, 24, 80,

54, 56, 72, 98, 109

Charter, g§ 114a-l Ug added

Charter,^ 182

Charter, § 178

Charter, §§ 249, 260, 258

Charter, §§ 2, 8, 5, § 6 added

Charter, §§ 8, 4

Charter, § 8

Exemption from water rates, §§1, 2. .

Dog licenses, g§ 5, 8

Zoological Sjciety, §§ 2, 4

Bridge over Bronx river, §§ 8, 4

Charter, § 10

Charter, § 56

Charter, % 169

Charter, § 265

Charter,^ 468

Charter,! 478

Charter, § 722

Charter, § 756

Charter ,§821

Charter, § 828a added

Charter. § 825

Charter, § 854a added

Charter. § 879

Charter, § 1092

Charter, g 1180a added

Charter, § 1878

Charter, § 1396

Charter, §1406

Charter, § 1412 extended

Charter, g§ 1418, 1419

Surf avenue assessment, § 1

Prospect avenue, § 2

Municipal Court Commission, § 1

Practice in Municipal Court revised. . .

Charter, §§ 4, 7, 8, 9, 11

Charter, tit. 2, S§ 1, 2, 6, 6; tit. 8, §§ 2.
4, 7, 8; tit. 4, § 1; tit. 7, §§ 1, 6; tit. 8,
§§ 5, 6, 7, 8, §§ 11-14 added; tit. 9, §§

I, 2, 8, 10, U, 18; tit. 10, §§ VJ, 8; tit.

II. §§ 8. 12 added; tit 12, § 3, sub.
1, § 8, 10; tit 18, § 1, subs. 1,^.6, sub.
4a added § 2; tit 19, §§ 3, 6, .. 18. 86;
tit. 21, §§ 1. 8, § 18 renumbered § 12,

L14 renumbered § 18. g 16 reoum-
red §14; tit 21, p^ l.V;;7 added. . .

Chap-
ter.

288

211
588
545
211
574

181

248

525
605
495
146
548
486
485
568
84
589
509

5o3
6n«
611
609
546
192
580
604
497
256
590
f)90
590
565
118
186
580

898

Page.

839
6

666
1281
1809

566
1472

478

659

1246

1758
1168

418
1296
1068
1067
1846

811
1628
1219
1A<)8
1820
1777
1787
1777
1811

4H6
1260
1765
1178

677
1628
1628
1628
1855

870

401
1600

1015

258

TABLE OF LAWS AMENDED OR REPEALED.

L Local Laws K^iesded — {Continued),

Subject.

North Tonawanda. .

Norwich

Ogdensburg

Oneonta

Onondaga county. . .
Onondaga county. . .

Orange county

Oswego

Owego

Peekskill

PJattsburg •

Plattsburg ......

Pomfret

Port Chester . . .

Poughkeepsie...

Rensselaer

Rochester

Rochester .......

Rochester ,

Rome ,

Laws
of

1897

1895
1898
1885
18H5
1867
1R93
1901
1895
1895
1895

1851
1888
1888
1890

1858
1868

Saratoga Springs . . .
Sarrtogo Springs . . .
Schenectady

Schenectady

Schenectady county

Schoharie and Sche-
nectady Counties
Fnrmers' Mutual
Fire Co.

Sullivan county

Syracuse

Utica

UtIca

Chap
ter.

861

874

858

590

894

111
117
117
822

84
818

18P6

425

1897

P59

1897

859

1897

859

1897

859

1888

198

1895

1018

1901

114

1870

1866

220

1866

220

1862

885

1888

880

1888

485

1898

209

1900

526

1.877

174

1868

165

1897

505

18«5

1885

1890

457

1892

509

1862

SECTIONS AMENDED.

Charter heading to tit. 22 am. tit. 22,
§ I, §§ 2-5, added; tit. 24, g 1: tit. 25,
8§ 7, §, 10. 11, 18, 16; tit 27, §§ 9, 10,
§15, added

Charter, tit. 9, § 10, added

Charter, tit. 11, § 98

Charter, § 86a, added

Charter, § 68

a ax sales, g§ 6, 8. 9 ,

County clerk's office, § 8

Highways. §§ 6, 6

Charter, g§ I, 4, 6, 89, sub. 45

Charter, § o7a, added

Charter, g§ 68, 119, 260, suba 8a, 8b,
added, § ;^4, tit. 16, §§ 882-408, added,
water

Charter, g 67, added

Charter, §2

Charter, tit. 2, ^ 4 ••••••

Charter,tit. 8,§2

City charter

School, § 16, sub. 7

Charter, tit. 4, § 1, tit. 5, §§ 1, 4, 80,
added, ^ 83, amended

Charter, S$§ 186, sub. ?, § 192

Charter, §g 10, 18. 17, 87, 88

Charter, § 89, added

Charter, S§ 111, 114, 178

Charter, §§ 201, 211, 218

Park8,§ 1

Water supply. §§ 6, 7, added

Bonds, 8 1

Charter, tit. 4, § 1

Charter, tit. 6. § 8, subs. A. B. C. added,
§§ 24, 26 amended

Charter bonds

General amendments

Charter, tit. 1, §§ 1, 2, §§5-7, added,
tit.2.§§l. 2

Water act, §§1.8,6

Sewer bonds, § 1

Power of street railroad, § I

Bonds, § 1

Glenville fire department, § 2

Charter, §2

Sheriffs office, §§ 1-8

Charter,§9

Charter, §§ 76, 77, 120

Cemetery, g§ I, 2

Police pensions, § 1, sub. 8, § 8.

Charter, § 19

Charter,g68

Charter, § 11 6 1

Chap-
ter.

Page.

25S

807

8B4

593

16:9

224

60S

118

376

100

846

516

1284

164

448

207

649

801

207

549

189

404

806

864

269

696

284

884

219

580

228

618

820

446

1085

820

446

1085

581

1268

187

480

585

1278

250

668

557

1324

400

1019

506

119e

204

587

578

14»»2

888

988

483

1187

111

877

969

154

48t

215

588

451

1098

850

917

168

446

587

1280

149

421

149

42)

465

111?»

TABLE OF LAWS AMENDED OR EEPEALED.

L Local Laws Amended — (Continited).

Subject

Laws
of

Chap-
ter.

Utica.

Uiica

Utica

1874
1891
1891
1897
1893
1894

1901
1897
1896

1896

1867

814
98
98

Utica

783

Waterford

688
476

Watertown

Watervliet

760
906

Watervliet

905

White Plains

518

White Plains

Yonkers

Yonkers.. ..

1896
1873
1893
1895
1895
1895
1895
1895
1900

769
168
416
635
635
685
635
685
488

SECTTIONS AMENDED.

Police and fire department, §18

Mohawk river commission, § 1

Bonds for Mohawk river, g 16

Deputy treasurer, § 1 . .

Report, g 6 added, § 6 renumbered § 7.

Report where filed, § 6 added, § 6 re-
numbered § 7

Report g 5 added, § 5 renumbered § 6.

Charter,§115

Charter, tit. 4, § 4, sub. 4; tit. 8, ^§ 8-
13 added

Charter, tit. 11, §§ 1, 18, 14, 16, 16, 23,

Charter, tit! 2, §§ 1, 5;* tit. SJ § i, subs! 8,
8, 10, 15. 17, 19, subs. 21, S2, 28
added, g§ 2, 6; tit. 4, g 1, subs. 5, 6,
7. 9. 10, 12, 18 added, §§ 2, 4, 8; tit. 5.
§ 1, sub. 2, g§ 2, 4, 7, 8, 18, 15, 17. 18,
19, 28; tit. 7, ^ " " ~ "

11. 12, 14, 19, § 20

added

Water act,§l

Police department, § 4

Court act, tit. 8. § 1

Charter, tit. 8, § 18

Charter, tit. 4, § 8, sub. 6 .
Charter, tit. 6, § 18 added. .
Charter, tit 7, §§ 15, 115, 40

Charter, tit. 11, § 2

Fire department bonds, § 1

a . . • .

Chap-
ter.

199
581
867
460
42

567

272

158

Page.

502
1605

955

1110

1860

808

426

201

505

115

878

498

1156

144

415

445

1083

147

419

449

1089

449

1089

II. Local Laws Repealed.

Subject.

Bu£Fa1o Fine Arts
Academy. .......

Buffalo

Chautauqua School
of Theology

Chautauqua Univer-
sity

Chautauqua

Cohecton Bridge Co.

Hudson Iron Co. . . .

Hudson Iron Co . .

Lockport

Lockpori

Medina

Middletown

Monroe County

Laws

Chap-

ler.

1873

808

1891

105

1881

1888

148

1885

887

1885

388

1817

186

1855

195

1861

167

1886

120

1886

120

1874

18«6

847

1900

6^9

SECTIONS REPEALED.

All, amends charter

Charter, §§ 78, 79, 80, 81, 82, 84, 85, 80,
87,88,89,90

All, charter

All, amends 188B, ch. 148

All, amends 1881, ch. 63

§ 18, tolls, ete

g 5, limitetion

All

Charter, §155

Charter, § 279

Charter, tit 5

All, village water act

§ 7, purchasing agent

Chap-
ter.

Page.

526

1246

573

1471

196

499

196

500

196

500

106

600

159

442

298

268

689

222

597

278

818

572

I4j67

300

867

34:

TABLE OF LAWS AMENDED OK PwEPEALED.

IL Local Laws Repealed — (Con^timerf),
NtMi York Consolidation Act.

Laws
of

1882. .

Chap-
ter.

410

Sec-
tion.

1284
1285
1286
1287
1288

1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1800
1801
1802
1808
18U4
18<»5
1806
1807
1808
1809
1810
1811
1312
1818
1814
1815
1816
1817
1818
1319
1820
1821
1822
1828
1324
1825
1826
1827
1828
1829
I8d0
1881
13 <2
1383
1884
1385
1836.

1887

SUBJECT OF SECTION.

Jurisdiction

Jurisdiction in general

No jurisdiction in ceri»in cases

Removal of action to common plean

Former jurisdiction except as modified by code con

tinued

Actions, in what district brought

Action by mayor, etc

Court where and when held

Court, by whom held, etc

ocms •••* •■•..■•....••■* ••••••!•••■ •••.••.■...■ ■*

Parties, appearance of

Guardian ad litem for infant.

Action; how to be commenced

Summons; requisites

Return

Non-resident plaintiff

Summons; mode of services.

Who may serve summons

Warrants of attachment to be served by marshal. . . .

Process not to be served out of city

Arrest; in what cases to be granted

Affidavit and undertaking, on

Arrests to enforce game laws.. .

Order of arrest; what to direct.

Papers delivered to arrested person: proceeding

Proceedings when justice a witness.

Plaintiff to be notified of arrest

Bail or deposit before return

Bail may be examined

Bail or deposit after return

When and how defendant to remain in custody.. . .

Duty of marshal in arrest proceedings

Attachment; when may be granted

What to be shown to procure attachment

Contents of warrant

Undertaking

How warrant to be executed

Service of summons and warrant

Undertaking, by defendant, in.

Third pe son claim; bond, etc

Judgment upon bond ....

Action on undertaking when warrant vacated

Return by marshal attaching.

Application to vacate or modify

Effect of vacating warrant

Judgment where property attached

Foreclosure of lien on chattel

Replevin; when action can be brought.

Affiadavitand undertaking

Requisition by justice

How requisition executed

Return to requisition

Defendant when to except to sureties; proceedings

thereon

Defendant mav reclnim chattel

Chap-
ter.

580

Page.

1590
t «

( <

< (
t i
i t

I (

I I

I (
t (
t (
« I
( i
( i
( t
i (

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I I
i I
t (
( i
i(
t c

< (
« c
( <
i (
t <
(i

t <

t i
( I
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I i
i t
. t
. t

* I
t (

* i

* i
% t
i i
t (
i (
i t
(ft

1«

TABLE OF LAWS AMENDED OR REPEALED.

11. Local Laws Repealed — (Co/Uinued).
NtM York Consolidated Act — (Continued).

Lawd
of

1883.

Cbap-
ur-

410

Feo-
tloo.

1888
1830
1340
1841
1343
1348
13U
1845
1816

1847
1818
1849
18!^0
1851
1852
18VS
1854
1855
1856

1857
1858
1859
1860
1861
1862
1863
1864
1865
1866
1807

1868

18f{9
1870
1871
1872
1878
1874
1875
137«
1377
1878
1379
1880
13S1
1882
1388
1384
18b5

1386
1387
1888
1889

SUBJECT OF SECTION.

Justification of sureties

When and to whom marshal to dt liver chattel

Penalty for wrong: delivery by marbhal

Claim of title by third person.

Defendant may demana judgment for return, etc. . .

Actions on undertaking

Proceedings where summons not personally served.

When action not effected by fulure to rep'evy

Pleadmg ; takes place on return of summons ; veri-
fied complaint.. .

Certain section of the oode applicable

Pleadings in action on bastardy bonds

Answer of title, r

Idem; defendant to deliver undertaking

Idem; new action to be brought in supreme court. . .

Old 8ction thereupon discontinued

Penalty for failure to deliver undertaking

Title appearing for plaintiff's showing

Tiile; same cause of action and defense in new action.

Answer of title one or more of several defenses; pro-
ceedings

Summary proceedings

Summary proceedings; return of precept

Summary proceedings; answer may be filed

Summary proceedings may be transferred, etc

Exhibition of accounts, etc

Adjournments, time, etc., effect upon arrest • . .

Undertaking by arrested defendant on adjournment.

Adjournment either party; undertaking

Conditions may be imposed for adjournment

Dismissal of action for plaintiff's f niiure to appear. . .

Defaults; judgments may be opened, vacated, modi-
fied, etc ..;

Commissions to take testimony; code provisions
applicable

Testimony de bene esse

Subpoenas

Trial iurors, list of, etc

Trial by jur> , drawing, etc

Jury may be summoned; fee

How summoned

Talesmen

Ballots of jurors summoned, but not drawn

Party demanding, to deposit trial fee

Adjournments after return of jury

Jurors qualifications tried summarily

Verdict; requisites

Swearing the jury

Non-suit; when authorizf^d

Judgment for plaintiff on default

Itssues fact and law; judgment when rendered

Judgment, when sum due exceeds jurisdictional
amount

Judgment when defendant liable to arrest

Actions may be continued before another justice. . .

Powers of justice while trying action

Justice limited to civil jurisdiction

Chap-
ter.

580

Pjige.

TABLE OF LAWS AMENDED OR REPEALED.

IL Local Laws Repealed — (Coniinwcc?).
New York Consolidated Act — (Concluded).

1882..

419

1890
1891
1893
1398
1894
1895
1896
1897
1898
1899
1400
1401
1402
1408
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1423
1428
1424
1425
1426
1428
1429
1486
1437
1488
1489
1440
1700
1701
1702
1703
1704
1705
1706
1707
1708
1709
1710
1711

SUBJECT OF SECTION.

Death or removal not to impair proceedings.

Justice may administer oaths, etc

Transcripts of judgments and docketing

Execution against the person

Replevin; judgment in, etc. ; transcript

Action against joint debtors

Defendants not summoned to be designated ,

Docketing judgment in another county

Judgment against marshal

Execution; requisites

Against joint debtors

Execution; arrest

Renewal of execution

Sections of code applicable; execution

Enforcement of game laws,

Execution in favor of working woman

Arrest and sale of property limited

Marshal when liable to execution; creditor

Return of execution; satisfaction of judgment

Clerk's docket; what to contain

Entries in; how made

Clerk to keep index

Clerk must deliver books, papers, etc., to successor. .

Successor may issue execution, etc

Certified copies, papers, etc., prima facie evidence.. .

Sections of code applicable, etc. ; contempt

Fees; when plaintiff's demand less than fifty dollars.

Fees; demand over fifty dollars

Fees in summary proceedings

Fees of marbhals

Costs

Costs after discontinuance in answer of title

Costs in action on bastardy bonds, etc

Costs in action to enforce game laws

Costs in action by working woman

Costs on order to prosecute marshal's bond

Supreme Court rules made applicable

Duties of clerks

Clerks to account for and pay over fees

Stationery, furniture, etc., furnished by corporation .

Definitions .*

Appeals

Stenographer's fees for minutes, etc ... •

Transcript of process, etc. ; effect

Bond to be executed by marshals

Prosecution of such bond

In what court prosecuted

Judgments against marshals; transcripts; executions
Entry of judgment against, to be noted on bond. . . .

Amount collected credited on bond

Suspension by common pleas for misconduct w

Clerk of court to report canceled bonds, etc

Appointment waived for failure to file bond

Process to be served by marshal

Fees of

Certain laws to sheriffs made applicable

Chap-
ter.

Pa«e.

680

1590

i *

k »

« (

( (

< (

( (

» (

1 1

1 (

< (

( *

< (

t i

i (

i t

1 1

((

( (

t (

1 1

( (

( <

( t

1 (

c c

i i

( <

i t

( (

( *

1 1

( (

t (

( 1

« i

( (

( i

i «

( i

( <

< <

t 4

( <

i t

( (

«l

( t

( :

C (

( (

i k

( 1

( i

t (

( i

( (

1 «

1 (

t (

1 «

( (

( 4

( t

1 *

I (

( (

( »

( (

( »

1 1

t i

t (

4 i

1 1

( (

( i

4«

« (

i 1

4 (

t 4

« (

1 4

1 1

4 <

( i

t (

((

1 (

( 1

4 4

( 1

1 4

I (

( i

4 4

( 1

TABLE OF LAWS AMENDED OR REPEALED.

IL Local Laws Repealed — (Concluded),

New York City.

Laws
of

1897

Chap-

878

Fee-
tlon.

816a
1364
1865
1866
1867
1868
1869
1870
1871
1873
1874
1875
1876
1877
1879
1880
1884
1428
1429

SUBJECT OF 8C0TI0N.

Charter

Charter, jurisdiction of municipal court . . .

Charter, jurisdiction limited

Charter, removal of causes

Charter, appeals

Charter, process

Charter, procedure ■ ,

Charter, actions in what district brought. . .

Charter, where couf t held

Charter, seals, etc

Charter, board of justices

Charter, board to make rules

Charter, concurrence of majority of board
Charter, rules of supreme court appbcable.

Justice to administer oaths, etc

Access to court house ,

Summons and costs in action by city

Powers, duties and fees of marshals

Removal of marshals

Chap-
ter.

609

580

Pajc©.

1777
1695

Subject.

North Tonawanda.
North Tonawanda. ,
Oswego county ....

Oswego

Plattsburgh

Syracuse.....

Syracuse

Washington county
Washington county

Waterf ord

White Plains ,

White Plains

Laws
of

1897
1897
1316
18»5
1867
1868
1878
1878
1879
1890
1898
1867
1867
1864
1869
1900
1867
1867

Chap-
ter.

861
861

29
894
810
248
686
250
486
822

86
104
770
541

28
268
518
518

SECTIONS REPEALED.

Charter, ti t . 9, § 14

Charter, tit. 21, § 12

Jury districts, § 8

Charter, § 191

All, except § 8

All, water act

All, recorder

All, support of poor

All, poor, support of

All, village charter

All, taxes

All, Onondaga creek

All, amends 1867, ch. 104

All, additional justices

All, amends 1864. ch. 541

All, public improvement commission. .

Charter, tit. 8, § 9. tit. 6, § 20

Charter, tit. 6, §§ 21, 25, *^6, 27, 28, 29,
80, 81, 82, 88, 84, 85, 86,

Chap-
ter.

Page.

267

278

816

207

552

269

8(8

269

808

269

808

269

808

269

808

269

808

269

808

444

1081

444

1081

128

889

128

889

815

201

512

201

582

INDEX.

Cbap. P&fe.
AbramB, Tredwell:

Hempstead town, board of audit, to hear and audit claims 508 1210

Academies:

adoption of, consolidated school law amended 325 887

Acting city Judgre:

Poughkeepsle, designation and compensation of 86 71

AdirondackL:

State Hospital for Treatment of Incipient Pulmonary Tuber-
culosis, act amended 108 861

Adirondack park:

purchase of lands in, appropriation for 594 1716

selection of certain lands, etc., as a part of, authorized 189 482

Adirondack Bailway Company:

comptroller to hear and determine application of, etc 327 889

Adjutant-general :

assistant, salary, appropriation for 593 1678

boat, equipment of, appropriation for 594 1721

bureau of military records, expenses of, appropriation for 593 1678

clerical force, salary, appropriation for 593 1678

general expenses, appropriation for 593 1678

general expenses, appropriation for 5W 1720

military property, to replace loss of, appropriation for 416 1040

naval militia, expenses of, appropriation for 593 1079

postage and transportation of letters, appropriation for 593 1678

salary, appropriation for 593 1677

state property, destroyed by fire, to replace, appropriation for. . . 422 1045

war claims, prosecution of, appropriation for 594 1720

war records, compilation of, appropriation for 594 1719

Agent, purchasing:

Monroe county, relative to 309 867

Agriculture, commissioner of:

agent, appointment and duties of 519 1237

agricultural law, enforcement of, appropriation for 594 1711

assistants, employment and salaries of, appropriation for 593 1659

bo»unty, appropriation for 59t 1712

Butler, TVilliam H., extra services, appropriation for 594 1711

calves, examination of, by persons authorized by commissioner. . 30 59

commissioner and assistants, salaries, appropriation for 593 1669

farmers* institutes, maintenance of, appropriation for 593 1659

feeding stuffs, enforcing law as to, appropriation for 593 1660

fertilizers, enforcing law as to, appropriation for 593 1660

National Farmers iSongreas, expenses of delegates, appropriation

for 594 1712

Ban Jos6 scale, investigation and extermination, appropriation

for 594 1711

special expert agent, salary, appropriation for 594 1712

stenographer, salary, appropriation for 594 1712

traveling expenses, appropriation for 593 16r)9

traveling and other expenses, appropriation for 593 1659

trees, prevention and suppression of diseases 27 51

veal, examination of, by persons authorized by commissioner.., 80 59

40 ENTDEX.

Agricultural corporations: Chap. Page,

certificate of Incorporation, relative to, membership corporation
law amended • 582 1607

Agricultural law:

state fair, act relative to, repealed 31 GO

Agricultural law amended:

agricultural societies, distribution of moneys to 521 1243

bees, disease among, relative to 214 580

butter. Imitation, manufacture and sale of, relative to 385 986

calves and veal, slaughtering, sale and transportation of, rela-
tive to 30 59

fruit trees, prevention of disease In, relative to 27 49

fruit trees, prevention of disease in, relative to 519 1237

honey, relative to 214 580

state fair, time of holding 263 6W

sugar beet culture, distribution of moneys for 240 642

Agrricultural societies:

certificate of incorporation, relative to, membership corporation

law amended 582 1607

distribution of moneys to, agricultural law amended 521 1243

distributions to, appropriation for 593 1659

Albany city:

almshouse farm, authorized to grant or convey 50 97

charter amended 279 828

taxes, assessment and collection of, relative to 562 1345

Albany cotmty:

Green Island, assessment-roll, preparation of 47 94

Mohawk and Hudson River Humane Society, relative to 261 683

penitentiary, management of, relative to 127 S87

school commissioner districts, boundaries of 561 1344

superintendent of poor, authority to hear and determine alleged

claim, etc 3^70 958

Voorheesville, water commissioners, acts of, legalized 237 838

Albany Hospital:

maintenance and medical care of members of departments, etc.,
of state government, appropriation for 595 1740

Albion:

overseers of the poor, acts of, legalized 4S 95

Alden village:

charter revised 107 360

Alfred University:

maintenance, appropriation for 593 1092

maintenance, appropriation for 594 172S

Allegany county:

Oil Greek reservoir, fishing in, game law amended 347 014

Allegany river:

bridge, construction of, over, appropriation for 467 1117

Anarchy:

criminal, defined, penal code amended 371 958

Andrews, Charles:

appropriation for 594 1697

Angora goats:

taxes, to pay orders for, killed 38 78

INDEX 41

'^^'^^^s; Chap. Page,
claims for animals killed, tinder health and agricultural laws,

appropriation for 594 1733

treatment of, In relation to, act repealed 61 117

American Baptist Home Mission Society:

charter amended 35g 944

American Deposit and Loan Company:

namechanged 290 845

American Society for the Prevention of Cruelty to Animals:

dogs, unlicensed, seizure and disposal of, relative to 495 1168

American Museum of Natural History:

keeping, preserving, and exhibiting collections, appropriation for 246 658

Appeal:

certificates of stay upon, code of civil procedure amended, $ 529. 217 586
court of appeals, to, where judgment is of death, code of crim-
inal procedure amended 369 957

Appraisers:

appointment of, by comptroller 496 1169

Appropriation acts:

for entries In annual appropriation acts or annual supply bills,
see specific subjects, e. g.. Governor; Secretary of State
Dykman, James O., etc.

adjutant-general, to replace loss of military property 416 1040

to replace state property destroyed by fire 422 1045

Allegany river, construction of bridge over [\ 467 1117

annual appropriation act ' , , 593 iqqq

annual supply bills *.....'....**.'*.'.!!! 594 1696

annual supply bill, supplementary 595 1739

Armory, Forty-seventh Regiment, repairing and enlarging 423 1048

Buffalo Armory, erection of, reappropriation for 417 1941

Canajoharie, bridge over Erie canal, constmction of 476 1128

canals, extraordinary repairs and improvements 183 476

canal debt, payment of interest on 36 73

Cayuga lake, dredging inlet to, appropriation for 413 1037

court of claims, payment of judgments on account of canals. ... 412 1037

payment of judgments of 415 1039

Craig Colony for Epileptics, appropriation for 425 1049

Denmark, repairs to Castorland dyke 474 1126

Eastern New York Reformatory, repairs 68 252

Elmira, Chemung river, repairing dykes and banks of 475 1127

Forestport, lower reservoir dam, construction of 420 1043

Franklin county, to establish south boundary line of 473 1125

House of Refuge for Women at Hudson, improvements 431 lOfJO

inspector of gas meters, salaries of mechanics employed by 411 KKiB

Louisiana purchase exposition commission, state exhibit 421 1044

newspapers, balances due, for publication of laws 13 17

New York state fair commission, appropriation for 430 1059

New Y^ork State Reformatory at Elmira, improvements 426 1051

New York State Reformatory for Women at Bedford, improve-
ments 432 1002

New York State School for the Blind, improvements 414 1038

New York State School for the Blind, improvements 429 1057

New York State Soldiers and Sailors* Home, Bath, improve-
ments 469 1119

New York troops, monument to memory of, in campaign of

Vicksburg 419 1042

42 INDEX

Appropriation acts — Contliiued: Chap. Tngt,

New York State Woman's Relief Corps Home at Oxford,

improvements 433 HMi3

Orlskany monument, repair and betterments of 124 IVKl

Otsquago creek, construction of bridge over 408 1118

public defense bonds, redemption of 409 10;J4

racing associations, moneys collected and due from 123 3S2

Rome, bridge over Erie canal at South James street, construc-
tion of 614 1790

Rome State Custodial Asylum, Improvements 427 1053

St Lawrence county, to establish southwest boundary line of . .. 473 1125

Sing Sing prison, improvement of the cell hall 122 381

Society for the Reformation of Juvenile Delinquents, improve-
ments 424 1047

State armory, Watertown, repairing and improving 466 1116

State Custodial Asylum for Feeble-Minded Women, improve-
ments 428 1055

Stiite Hospital for the Insane, repairs and Improvements 418 1042

statutory revision commission, compensation and expenses for. . 12 1«

sugar beet culture, promotion of 240 642

supply bill, annual 594 16fMj

supply bill, supplementary 595 1739

Syracuse, bridge over Oswego canal at North Salina street, cod-

struction of 471 1123

Syracuse State Institution for Feeble-Minded Children, Improve*

ments 410 1035

Thomas Asylum for Orphan and Destitute Indian Children,

improvements • 470 1121

unexpended balances, reappropriations of certain 414 V^'i^

unexpended balances, reappropriation of certain 616 17»1

water storage commission, to investigate the cause of floods, etc. 40(* 102J>

Watervliet, bridge over Erie canal, repairs to 472 1124

W^estern House of Refuge for Women, improvements 434 10G5

Aqueduct commissioners:

New York city, powers of, relative to •••••••• 588 1622

Architect^ state:

oflice expenses, appropriation for 693 16<]2

office force, salaries of, appropriation for 593 K^jl

salary of, appropriation for 593 1(J<»1

transportation and other expenses, appropriation for • 593 1602

Armories:

Jamestown, repairs and improvements, appropriation for 594 1720

Middletown, repairs, appropriation for 594 172t)

repairs and Improvements of. appropriation

Twenty-third Regiment, Brooklyn, improvements, appropriation

for 594 1721

Watertown, repairs and improvements, appropriation for 466 1116

Whitehall, construction of, appropriation for 694 1721

Armory commission:

repairs and improvements of state arsenals, armories, etc., appnv

priaUon for 5W 1T21

repairs and improvements of, appropriation for • • • • 694 1<21

INDEX 43

▲ssembly: Chap. Page,
speaker, extra stenograpblc and clerical services, appropriation

for 505 1741

ways and means committee, extra stenographic and clerical ser-

Tices, appropriation for 505 1741

•

Flatbush, former toivn of, repaying of installments of 113 .^70

time of making, tax law amended 324 8SG

Assessors:

election of, at general elections, relative to 10 15

Green Island, assessment-roll, preparation of 47 94

Associations:

lending money on personal property, lncori)oration of, act

amended 78 303

Attorney-general:

assistants and clerks, appropriation for 503 1642

costs and fees, appropriation for 503 1643

counsel fees, appropriation for 504 1707

counsel and expenses, appropriation for 503 1642

Doming, Horace E., services, appropriation for 594 170S

deputies, salaries of, appropriation for 593 1642

deputies and clerks, employment of, appropriation for 503 1643

Francis, Clarence W., appropriation for 504 170.S

investigation of claims against state, appropriation for 504 1707

postage and transportation, appropriation for 503 1642

rent New York offices, appropriation for 503 l(v43

salary of, appropriation for 503 1()42

tax bureau, salaries and exi>enses, appropriation for 593 1642

Anbiim city:

charter amended 408 1175

city treasurer to transfer money, authority for 49 Oo

East Genesee and Genesee streets, to complete paving, issue of

bonds for 45 S(;

South street, paving, issue of bonds for 46 87

Audit, board of:

Hempstead town, to hear and audit clalnis 508 1210

Automobiles:

operating of, code of criminal procedure amended 249 661

speed of, on highways, penal code amended «... 266 68vn

Baggage:

checks for, railroad law amended 388 990

Baldwin, Harry W.:

acts of, as commissioner of deeds, legalized 90 845

Ballots:

town meetings, for, election law amended 405 1024

Banking associations:

taxation of stockholders of 126 384

Banks:

insolvent, receiving deposits In, penal code amended 148 420

taxation of stockholders of 126 384

44 INDEX.

Banking department: Chap. Page.

banking litigation, appropriation for 593 lfi63

clerks and employees, salaries, appropriation for 593 1W12

deputies, salaries of, appropriation for 593 1«M2

first deputy superintendent, expenses, appropriation for 594 1712

office expenses, appropriation for 593 ltW2

superintendent, salary of, appropriation for 693 liXH

Banking law amended:

directors, annual meeting and election of, relative to 145 416

investment of deposits of savings banks, etc., relative to 598 1746

securities in which deposits In savings banks may be invested,

relative to 440 1074

superintendent, deputies, clerks^ and examiners of, relative to. . 54 105

Barrels:

size of certain, domestic commerce law amended 337 809

Bass:

black, close season 43 W

rock, close season 43 iS4

yellow, close season 43 84

Bear lake:

fishing in, game law amended 43 Si

Beaver river:

dam on, repairs and maintenance, appropriation for. . • 594 1731

Bedford:

State Reformatory for Women, appropriation for 694 1728

Beer, Henry, Junior:

act for relief of 614 1226

Bees:

disease among, agricultural law amended • • . . • 214 380

Bellegarde, John:

labor and material, appropriation for. ...••... 694 1722

Benevolent orders law amended:

organization of corporation by, act amended ••••••• 390 995

Benevolent orders:

power to acquire real estate ••••••••• •••....•• 253 674

Benson, G. A.:

collection of portraits, purchase of, appropriation for..... 595 1740

Bicycles:

licensing of, etc., act amended 305 863

sheriff, deputy,, powers of, act amended 305 8*53

sidepaths for, act amended 305 8(>3

Binghamton city:

charter revised • 120 379

charter revised 121 3S1

charter revised 381 978

courts, Inferior local, relative to 532 1265

Birds:

wild, protection of certain Ill 366

wild, taking of, certain, game law amended 359 946

INDEX 45

Black creek: Chap. Page,

removing obstmctlons from, appropriation for. ...••• • • 594 1730

Blacky F. 8.:

services, appropriation for • •••..• 595 1741

Black Bock harbor:

surplus waters, proceedings for nonpayment of rent of, repealed 238 639

Blind:

institution for blind, New York city, appropriation for 593 1690

state school for blind, appropriation for 593 1690

Boards of health:

local, public health law amended, relative to 339 902

Board of estimate and apportionment:

Kew York city, charter amended 436 10G8

■

Board of equalization:

CJolumbia county, appointment and duties of 57 109

Bonds of municipalities:

Auburn, to complete street paving 45 86

street paving 46 90

Buffalo, Ohio basin slip 461 1111

school purposes 184 477

€anisteo, bonds, issue of, authorized 202 535

Cohoes, fire department purposes 281 830

water supply 392 999

Dutchess county, new county house 165 449

Frankfort, indebtedness 72 296

Glenville, issue of bonds authorized 377 969

grade crossings 198 501

Greenburgh, Issue and sale of, by board of education, legalized. 34 64

Guilderlaud, issued by board of education, declared valid 1 2

Hempstead, bonds declared valid 322 884

Hudson, erect school building 254 675

Ithaca, repairing damage caused by flood 463 1112

Lewlston, authorizing supervisor and justices of the peace to

issue bonds 7 7

Lockport, for building schoolhouse 223 606

Mount Vernon, to meet temporary deflclenoies 44 85

Newfane, authorizing super>isor and justices of the peace to

issue bonds 7 7

New York city. College of the City of New York 464 1113

Oswego, purchase of water plant 76 301

Richmond ville, school district bonds legalized 11 15

Shawangunk, fire purposes 276 816

Syracuse, improvement of Onondaga creek 444 1081

schoolhouses • 443 1079

Troy, school building 442 1078

Utlca, park improvement 157 438

villages, borrowing mon€\v generally, relative to 280 829

"Watertown, sewers and pavements 407 1031

Westfield. school district bonds declared valid obligations 79 309

.Wilson, authorizing supervisor and justices of the peace to

issue bonds 7 7

honkers, firehouses 33 63

public library 462 1112

sewerage system 458 1106

46 INDEX.

Bowen, Maxy; Chap. Page.

New York city, flro commissioner authorized to grant future
pension to 300 858

Bridges:

Canajoharle, over Erie canal, construction of, appropriation for. 476 1128

construction of, over Bronx river, New York city, relative to 543 120(>

liability of towns for construction and care of, highway law

amended 321 883

maintenance of, relative to, railroad law amended 140 44>7

MInden, over Otsquago creek, appropriation for 468 1118

South Valley, over Allegany river, appropriation for 4Cu 1117

Syracuse, over Oswego canal, appropriation for 471 1123

Watervllet, over Erie canal, repairs to, appropriation for 472 1124

Broadway Savings Institution:

charter amended •••• ••••••••••• 197 500

Brooklyn borough:

Atlantic avenue, improvement of, act amended •••••'• • 452 1094

Brooklyn Improvement Company:

charter amended • •••••• • • • • 523 1244

Brooklyn Masonic Guild:

charter of •••••..•••• 481 1133

Brooklyn Public Library:

charter of 606 1760

Broome county:

sheriff, making office of, salaried • •• « 51 98

treasu'rer, making office of, salaried • 22 24

k* •

Brown, Pratt A.

counsel fees, appropriation for ••••••••• 595 1743

Buffalo city:

armory, erection of, reapproprlatlon for 417 1041

assessors and assessments, charter revised 191 4S4

board of park commissioners, charter amended as to 19 21

bridge over Black Rock harbor at Ferry street, construction of,

appropriation for 594 173,'^

Buffalo river. Improvement of, Issue of bonds for 56S i:5r.i

Buffalo Zoolopncal Sooloty, relative to, appropriation for 579 14S1

collectors of unpaid taxes and assessments, relative to, charter

amended 573 1 471

department of public works, relative to, charter amended 552 1310

Erie basin, deepening and improving, appropriation for 50^ 1741

executive department, relative to, charter amended 586 1«;1H

lands ceded to United States 363 Or**!

legislative department and department of finance, charter

amended 231 616

monument commission, appointment of 536 1279

Ohio basin slip, issue of bonds for 461 1111

police force, relative to, charter amended ,551 I'MW

probation officers, relative to, charter amended 549 I;n4

school purposes, issue of bonds for 1H4 477

tax sales, service of notice to redeem from, relative to 5ri«; l.v>6

tenement-honse law, relative to 54S 1314

treasurers, charter amended as to 23 27

vacancies In elective officers, filing of, charter amended 512 1224

INDEX 47

BufPalOy Pine Aits Academy: * Chap. Page,

charter amended •••••••• ••••••••• 526 1246

BufPalo Merchants' Exchange:

charter amended • ••••••••••• ••••••••••• 109 864

BufPalo Zoological Society:

charter of •• 346 912

Bullheads:

may be canght through ice •••••• •••••• 43 84

Boslness corporations law amended:

consolidating corporations, transfer of property of •• 457 1105

stock of shareholders upon consolidation, relative to 438 1071

Bntler, William H.:

extra services, appropriation for •••• •••••••••••••• 594 1711

Batter:

imitation, manufacture and sale of, agricultural law amended. . 3^ 986

Calves:

slaughtering, sale, and transportation of, agricultural law
amended, relative to • 30 59

Canajoharie village:

bridge of canid, construction of, appropriation for • • • 476 1128

Canals:

proposed, between Hempstead bay and Jamaica bay, state engi-
neer and surveyor authorized to survey 262 684

railways, street, crossing over, canal law amended 340 903

repairs and improvements, extraordinary, appropriation for 1S3 476

Canal board:

contracts, authority to terminate • •••••• 251 663

Canal debt:

interest on, appropriation for payment of 86 73

Canal fund:

state tax levied 615 1790

Canal law amended:

railways, street, crossing canals, relative to ^ 340 903

Canandaigna lake:

deepening harbor and channel and entrance to, appropriation

for 504 1730

set-lines, use of, In, game law amended 524 1245

Canandaigna village:

police department, relative to, charter amended 264 686

Canisteo village:

trustees authorized to borrow money and issue bonds. • • • . 202 53Q

Canton town:

free public Ubrary, establishment and maintenance of 95 329

Camp grounds:

repairs and Improvements, appropriation for 594 1721

48 INDEX.

Carr, David A.: Chap. Page.

stock killed, appropriation f<Hr 5^ 1735

Carthage:

bridge of Black river at, improTements, appropriation for • 594 1733

Cassadaga lake:

dredging outlet of, appropriation for 594 1730

fishing In, game law amended ••• 43 S4

Catskills:

purchase of lands in, appropriation for •••••••• 594 1716

Cattaraugus creek:

bridge over, repairing, appropriation for ••••••••••••••• 594 1731

Cayuga lake:

dredging inlet to, appropriation for •••••• 413 1037

fishing in, game law amended •• 372 960

Cemeteries:

Greenwood, lot in, released to John H. Gibbons 15 18

Myrtle Hill cemetery in the city of Syracuse, name and man-
agement of, relatlYe to 163 446

Phoenix, further burials prohibited in, etc 314 872

rural cemetery corporations, relative to 73 297

soldiers' plot in, town boards may provide. •••• 206 546

Cemetery creek:

conducting waters of, appropriation for • • r:04 1732

Central New Tork Institution for Deaf -Hates:

appropriation for •••••••• 594 1728

Certificates of Incorporation:

filing and recording of, general corporation law amended 286 835

Chapman, Mary:

certain land released to..* •••••••••• 505 1195

Charitable Institutions:

New York city, water assessments remitted, act amended 605 1758

support of inmates in, payments for, act amended 155 435

Charitiesy state board of:

clerks and employees, salaries, appropriation for 593 1664

commissioners, compensation of, appropriation for 593 1664

fiscal supervisor, salaries and expenses, appropriation for 594 1706

maintenance expenses, reimbursement for, relative to 356 942

New York office, appropriation for 503 1665

office expenses, appropriation for 503 1664

postage and transportation, appropriation for 593 1664

Rochester office, appropriation for , 503 1665

secretary, salary of, appropriation for ' 503 1664

special inspector, salary, appropriation for 504 1707

state and alien poor, support, etc., of, appropriation for 593 1664

Syracuse Institution for Feeble-Minded Children, appropriation

for 594 1728

traveling expenses, appropriation for. 593 1664

Charities, state law amended:

fiscal supervisor, office of, created • • 252 665

INDEX 4&

Chatliain town: Cbap. Page,
union free school dlBtrlct, ei^eement as to maintenance of pub-
lic library 20 22

Chattanooga:

battlefield commission, compensation and expenses, appropria-
tion for 594 1733

Chattel mortgages:

filing of, relating to 64 245

Chattels, personal:

business of storing, relative to • 608 1775

Chautauqua county:

Fredonla, charter amended 62 IIS

Pomfret, board of education, powers of, act amended 284 834

sheriff, services and expenses, appropriation for 594 1736

special county Judge, relative to 384 984

Westfleld, proceedings of board of education and special district

meeting legalized 79 30^

Chautauqua Institution:

name changed to • • • 196 496

Chautauqua lake:

fishing in, game law amended 43 84

Chaumont bay:

fishing in, game laiw amended 304 861

Checks:

baggage, for, railroad law amended 388 990

Chemung county:

supervisors, boards of, acts realized 220 595

Chemung river:

dykes and banks, repairs to, appropriation for 475 1127

Chenango county:

Norwich, charter amended 307 864

Cheney, A. Nelson:

salary, appropriation for 594 1716

Christ Church, of Hudson:

endowment fund, permanent establishment of 330 892

Christian & Clark:

material, appropriation for 594 1734

Cities, except New York:

Albany, almshouse farm, authority to grant or convey 50 07

assessment and collection of taxes, relative to 562 1345

charter amended 279 828

Auburn, charter amended 498 1175

city treasurer to transfer money, authority for 49 96

paving certain streets, issue of bonds for 46 87

to complete paving certain streets, issue of bonds for 45 86

Binghamton, charter revised 120 37^

charter revised 121 381

charter revised 381 078

inferior local courts, relative to 532 1265

50 INDEX.

Cities, except New York — Continued: Chap. Pag^

Buffalo, armory, erection of, reapproprlation for • 417 1041

Buffalo river, improvement of, issue of bonds for 568 1361

Buffalo Zoological Society, appropriation for • . . 679 1485

charter amended 19 21

charter amended 231 616

charter amended • 512 1224

charter amended 532 1319

charter amended 566 1356

charter amended 573 1471

charter amended 586 1618

charter revised 191 484

lands ceded to United States 363 950

monument commission, appointment of 536 1279

Ohio basin slip, issue of bonds for 461 1111

police force, relative to, charter amended 551 1316

probation officers, relative to, charter amended 549 1314

purchase of school lots. Issue of bonds for 184 477

tenement-house law, relative to 548 1314

Cohoes, assessments, extension of time to pay 167 452

charter amended 499 1185

fire department, equipment of, issue bonds for 281 830

improvements of water supply, issue of bonds for S92 999

isolation hospital, authority to acquire 235 635

public improvement act amended 245 648

Corning, charter amended 555 1322

Dunkirk, charter amended 529 1250

Elmira, award for destruction of personal property, authorized. 178 471

charter amended 179 471

charter revised 180 472

Fulton, charter of 63 124

Geneva, Washington and Cemetery creeks, conducting waters,

appropriation for 594 1732

Cloversville, charter amended 5S4 1271

Hornellsville, charter amended 66 247

county courts, hplding of, in 119 378

Hudson, bonds, issue of, to erect school building 254 675

charter amended 447 1087

charter amended 448 1087

Ithaca, issue af bonds 463 1112

sewerage system, relative to, act amended r»47 1312

Jamestown, charter amended 395 1004

supreme court, holding of special terms in 274 815

Johnstown, charter amended 2*^3 619

Kingston, charter revised 49* 1158

Little Falls, charter amended 173 463

charter amended 174 465

charter amended 271 807

Lockport, building school house, issue of bonds for 223 606

charter amended 268 689

charter revised 222 597

Middletown, charter of 572 1367

fire department, relative to 338 900

Mount Vernon, authorized to borrow money by issue of bonds. . 44 J^

charter amended 610 1780

police force, pension fund for, relative to 375 i^fvi

Newburgh, authority to remove certain rails 602 1753

commissioners of tiie almshouse, relative to * 65 246

New Rochelle, charter amended 288 f^

Niagara Falls, charter amended 211 566

charter amended 545 1309

charter amended 574 1472

firemen's relief and pension fund, relative to 538 1281

INDEX 51

Cities, except New York — Continued: Chap. Page.

North Tonawanda, charter amended •• •••• 70 253

Ogdensburg, charter amended • 592 1G29

Olean, supreme court, holding of special terms in 274 815

Oneida, school buildings, erection of, authorized 403 1022

Oswego, charter amended, purchase of water plant authorized. . 76 301

charter revised 207 549

Plattsburgh. charter of 269 696

Poughkeepsie, charter amended 228 613

public school teachers' retirement fund created 227 611

sale of land authorized 229 614

Bensselaer, charter amended 92 320

charter amended 446 1085

.Rochester high school building, erection of, issue of bonds for,

act amended 535 1278

Bochester, issue of bonds to pay waterworks bonds 556 1323

parks, relative to 631 1263

rewards, etc., relative to 540 1292

water supply, sanitary protection of ' 187 480

Borne, bridge over Erie canal at South James street, construc-
tion of, appropriation for 614 1790

charter amended 250 662

charter amended 557 1.324

issue of bonds for street Improvements, authorized 354 940

Schenectady, bonds for high school purposes 58 111

charter amended 204 537

grade crossings, certain, relative to 376 968

sewers, construction of, issue of bonds for ^ 883 983

water commissioners, number and terms of, relative to... 578 1482

Syracuse, charter amended 350 917

commission to determine deficiencies, created 170 455

Improvement of Onondaga creek, by 444 1081

police pension fund, relative to, act amended 637 1280

school houses, issue of bonds for 443 1079

unexpended balances, use of. for park purposes, authorized. 186 479

voting machines, relative to 451 1093

Troy, school building, Issue of bonds for 442 1078

public driveway, power to establish SI 5 873

tJtica, authority to borrow money and issue bonds therefor. . . . 558 1,328

charter amended • 199 502

charter amended 465 11 15

charter revised 149 421

commissioners, etc., relative to 581 1605

deputy treasurer, oflice of, established 460 1110

public park, issue of bonds for 1.^>7 438

surplus earth, etc., sale of, relative to 367 9.'>5

Watertown, charter amended .567 1360

sewers and payment, borrowing money for 407 1031

WatervUet, charter amended l.')3 426

charter amended 272 808

iTonkers, charter amended 144 415

charter revised ••.•• 147 419

charter revised 445 1083

charter revised 449 1089

city court, act amended 18 20

equipment and maintenance of additional fire houses au-
thorized 33 62

park commissioners, authority of 459 1109

police act amended 493 1156

public library, issue of bonds for » 462 1112

iBchoolhouses, sites for, relative to 4.50 1093

sewerage system, relative to • 458 1106

62 INDEX

CltieSy general laws affecting: Chap. Page;

l>oards of health, relative to 339 902

bridges between, and towns and villages, construction, etc.... 301 858

first class, tenement-house law amended 352 920

garbage, crematories for the disposal of, relative to 168 454

notice, how given, relative to 353 939

second class, act for government of, amended ^, . 3 3

act for government of, amended 177 470

act for government of, amended 221 596

act for government of, amended 402 1021

city sealer, relative to 32S 890

department of public Instruction, relative to 560 1341

dogs, licensing of 294 848

fire marshal act amended 402 1021

no action maintainable on account of salaries 3 3

salaries, fees and emoluments of ollicials, subordinates and

employees, relative to 4 4

City Judges:

Poughkeepsie. appointment and salary of 35 64

cleric, authority to appoint 35 (K>

Jurisdiction of, in criminal cases 35 70

City sealer:

cities of second class, relative to 328 890

Civil service commission:

chief examiner, salary and expenses, appropriation for 503 1666

commissioners, salaries and expenses of, appropriation for. . . . 593 1665

examinations and examiners, appropriation for 593 ir»<i6

office expenses, appropriation for 593 l(Mi7

office expenses, appropriation for 594 1712

postage and transportation, appropriation for 593 1667

printing, appropriation for 594 1712

secretary, assistant and employees, salaries and expenses, ap-
propriation for 5a^ 1666

traveling expenses, appropriation for 593 1666

Civil service law amended:

competitive examinations, exceptions from, relative to 355 941

veterans, relative to 270 804

Claims, court of:

clerk, salary, appropriation for 593 l<i35

contingent fund, appropriation for 593 1635

deputy clerk, salary, appropriation for 593 1635

Devoe, F. W., and Raynolds, C. T., Company, claim for taxes

erroneously paid 488 1143

Eppens, Smith and Wiemann Company, claim for taxes er-
roneously paid 488 1143

expenses and disbursements of court, appropriation for 594 1(?99

Judges, salaries and expenses, appropriation for 593 l«i35

stenographer and marshal, appropriation for 693 l(i35

Clerk:

courts, appointment of, New York city, charter amended 497 1173

Clerks:

Onondaga county clerk's office, certain, relative to 516 1234

INDEX 53

Clerk of assembly: Chap. Page.

advances to, appropriation for 594 1701

contingent expenses of the legislature, appropriation for |695 1741

indexing bills, journals and documents, appropriation for 595 1742

session laws, compiling indices of, appropriation for 595 1742

Clerk of city court:

Poughlceepsie, appointment of 35 65

duties of 35 65

minutes, etc 35 69

salary of 35 65

Clerk of senate:

advances to, appropriation for 594 1701

indexes, preparing, appropriation for 594 1701

contingent expenses of the legislature, appropriation for 595 1741

Clerks of the senate and assembly:

Benson, G. A., collection of portraits, purchase of, appropriation

for 595 1740

Clinton connty:

Ausable, town of. selection of certain lands as a part of Adiron-
dack park, authorized 189 482

Clinton House:

Poughkeepsle, care and Improvement, appropriation for 594 1736

Code of civil procedure amended:

appeal, certificates of stay upon, relative to 217 586

city court. New York city, relative to 515 1127

divorce, actions for, relative to 357 943

Erie county, treasurer, duties of. relative to $ 181a 575 1474

executors, etc., accounting by. § 2606 relative to 349 915

Jail liberties in certain counties, relative to, § 145 311 869

Judgment, regulations respecting, ft 1774 364 951

Jurors, trial, selection of, in New York county, d 1094 491 1152

Jury fines in New York county, collection of. § 1119, relative to. . 456 1104
limitation of time to enforce a cause of action arising in another

state, d 390a added 193 487

real property, lien or charge of a Judgment upon, § 1251 318 880

sale or. relative to 138 403

receivers' commissions, relative to. § 3.320 404 1023

service of notice, affidavit of. relative to. § 927 93 327

stenographers, duties of. relative to. d 83 106 3."»9

New York and Kings counties, relative to. § 1513 265 687

telegraph operators, exemption from Jury duty, relative to.... 291 845
wills, original, withdrawal of, from surrogates* ofllces, relative

to, § 2620 114 371

Code of criminal procedure amended:

appeals where the Judgment Is of death. §d 536, 539 369 9.'>7

automobile, etc., operating of, relative to 249 661

commitment of prisoners, relative to. (| 903 302 8.19

special county Judge, duties of, relative to 387 989

witnesses, subpoena of, testify in criminal actions without the

state, § 618a 94 328

Cobecton Bridge Company:

capital stock, increase of, authorized, charter amended 159 442

64; INDEX

Cohoes city: Chap. rag^.

asseesments, extensions of time to pay • 107 452

charter amended » 41X) 1 1S5

fire department, equipment of, issue of bonds for 2S1 8.*i«»

isolation hospital, authority to acquire 285 635

public improvement act amended 245 (i48

water supply, improvement of issue of bonds for oiJ2 V.td

Cole, J. EC-
hogs killed, appropriation for 594 llZ't

Collector of taxes:

term of office of 10 15

Collectors of taxes:

to be elected at general elections, relative to 10 15

College of the City of New Tork:

acquisition of additional ground for 464 1113

Colleges:

Hamilton, powers of trustees, etc 326 8S8

Columbia county:

board of equalization created 57 100

Ghent and Chatham Public Library, authority to establish 20 22

Klnderhook, contract for lighting purposes, relative to 236 637

Colyer, John H.:

horses killed, appropriation for 594 1735

Commission to inquire into the delays in the administration of
justice:
appointment of •» » 485 1130

Commissioner of highways, see Highways.

Commissioners of highways: **"•

term of office of 10 15

to be elected at general elections, relative to • 10 1«>

Commissioner of jurors, see Jurors.

(
Commissions, special, state:

courts in New York and Kings counties, examination of co-^rtl-
tion of business of, expenses and disbursement.^, nppropritir
tion for 505 1740

Commissioners, special, state:

Gettysburg and Chattanooga battlefield, appropriation for 504 1734

copies of final report of, appropriation for 5i*4 iTo4

promotion of uniformity of legislation, appropriation lor 594 1735

state electrical laboratory, appropriation far 505 1744

Committee on statutes and laws:

appropriation for 594 17"')

Competitive examinations:

exceptions from, civil service law amended • •.«•••« S56 941

INDEX 65

Comptroller: Chap. Page,
acceptaoce of traits, for the support of common and nnlon tree

schools 59 112

Adirondack Park bonds, interest on, appropriation ioc 604 1704

Adirondack Railway Company, to hear and determine applica-
tion of 327 889

appraisers, appointment of 496 1169

bureau of canal affairs, salaries and expenses, appropriation for 593 1640
bureau of charitable institutions, salaries and expenses, appro-
priation for 593 1638

claims, expenses for investigating, appropriation for • 594 1702

clerks in corporation tax bureau, extra compensation for, appro-
priation for 594 1705

clerks, in office of, salaries, appropriation for 593 1637

clerk hire, additional, appropriation for 594 1705

clerks of senate and assembly, advances to, appropriation for. . . 594 1701

clerical, messenger, and stenographic services, appropriation for 594 1706

comptroller's certificate, redemption of, appropriation for 594 1704

corporation bureau, new officers of, appropriation for 594 1704

corporation tax bureau, salaries, appropriation for 593 1638

counsel employed by, appropriation for 594 1702

county treasurer's accounts, examination of, appropriation for. • 593 1639

county treasurers, advances to, appropriation for 594 1703

deed, application therefor, tax law amended 344 908

deputies, salaries of, appropriation for 593 1637

detective's act, expenses in enforcement, appropriation for.... 504 1703
expenses and disbursements of comptroller and deputies, ap-
propriation for 593 1639

finance bureau, salaries, appropriation for 593 1637

General Marine Insurance Company of Dresden, Germany, reim-
bursement of, appropriation for 594 1705

highway taxes, repayment to towns, appropriation for 594 1704

judgments against state, appropriation for • 594 1703

Kehoe, George R., extra work, appropriation for. 594 1706

land bui>eau, salaries, appropriation for \ 593 1637

lands, expenses of, appropriation for 593 1639

McKinley memorial exercises, appropriation for 595 1740

Madison Square Bank, appropriation for 594 1705

National Casket Company, payment of claim of, appropriation

for 594 1737

office expenses, appropriation for 593 1639

office rent. New York and Buffalo, appropriation for 593 1638

postage and transportation, appropriation for 593 1639

Prince Henry reception, appropriation for 595 1740

public defense bonds, redemption of, appropriation for 409 1034

public officers, transportation for, appropriation for 594 1704

racing association, examination of books of, appropriation for. • 594 1703

revolutionary war records, eompdlation of, appropriation for. . • 595 1739

salary of, appropriation for 593 1637

Saratoga monument, maintenance, repairs, etc., appropriation

for 594 1702

Scott, W. L., appropriation for 594 1704

state lands, assessments for local Improvements, appropriation

for 594 1702

state tax sale, appropriation for , 594 1703

stenographers, appointment of 496 1169

surrogates, fees of, appropriation for 594 1705

Switzerland Marine Insurance Company of Zurich, Switzerland,

reimbursement of, appropriation for 594 1705

taxes, adjusting accounts of, with counties, appropriation for. . 594 1703

Thomas, John R., services, appropriation for •••••i 594 1701^

56 INDEX.

Comptroller — Continued: Chap. Pa^e.

transfer office, appropriation for 593 1640

transfer tax bureau, salaries, appropriation for 593 1037

treasurers of various counties, examination of accounts, appro-
priation for 594 1706

Union Marine Insurance Company of Liverpool, England, reim-
bursement of, appropriation for 694 1700

Concurrent resolutions:

publication of, relative to 182 -*'^*'»

payment of debts of the state 1801

Supreme court, judicial districts 18'»2

organization of cities 1803

Congressional districts:

ninth district, relative to • 298 8o5

Constables:

Pougbkeepsie, office of, abolished • 35 73

term of office of 10 15

to be elected at general elections, relative to • 10 15

Contracts:

canal board, authorized to terminate • • 251 663

Convicts:

maintenance of, appropriation for 593 1640

sentencing of, to state prisons, penal code amended 282 832

Corinth village:

acts of trustees and Issue of bonds legalized ••••• 5 4

Coming city:

tax, amount to be raised by, relative to, charter amended 555 1322

Coming Foundation for Christian Work in the Diocese of Albany:

state's title to certain property, released to 175 467

Cornell University:

agricultural knowledge, promotion of, appropriation for 593 161)2

appropriation for 593 16S)2

state college of forestry, appropriation for 593 1692

state veterinary college, maintenance, appropriation for 593 1692

Coroner:

Erie county, office of, abolished • 577 1478

Corporations, general laws affecting:

banking la-w amended 145 416

banking law amended 440 1074

banking law amended 598 1746

bankrupt, transfer of securities to receiver 162 444

benevolent orders, power to acquire real property, amended .... 253 674

business corporation law amended 438 1071

business corporations law amended 457 1105

certificates of Incorporation, relative to 285 8 Jo

chattels, personal, business of storing, relative to 608 1775

domestic commerce law amended 482 11*^

general corporation act amended 9 12

insurance law amended 297 854

membership corporation law amended 169 454

membership corporation law amended • 341 905

INDEX. 67

Corporations^ general laws ajffecting — Continued: Chap. Page.

membership corporations law amended 439 1073

membership corporation law amended 582 1607

mouied corporations, receivers on dissolution of, relative to.... 60 113

railroad law amended 209 564

railroad law amended* 373 961

railroad law amended 504 1193

receivers on dissolution of monied corporations, act relative to. . 60 113

religious corporation law amended 208 562

religious corporations law amended 365 952

stoclc corporation law amended 80 310

stock corporation law amended 98 344

stock corporation law amended 286 836

stock corporation law amended 601 1751

tax law amended 496 1169

transportation corporations law amended 595 1744

trust companies, taxation of, tax law amended 172 461

appointment of, as guardians 360 946

Corporations^ miscellaneous:

American Baptist Home Mission Society, charter amended 358 944

American Museum of Natural History, keeping, preserving, and

exhibiting collections, appropriation for 246 658

American Society for the Prevention of Cruelty to Animals,

I)ower to issue licenses and collect fees 495 1168

associations for lending money on personal property, incorpora-
tion of, act amended 78 303

Broadway Savings Institution, charter amended 197 500

Brooklyn Improvement Company, charter amended 523 1244

Brooklyn Masonic Guild, charter of 481 1133

Brooklyn Public Library, charter of (>06 1760

Buffalo Fine Arts Academy, charter amended 52(> 1246

Buffalo Merchants' Exchange, charter amended 109 364

Buffalo Zoological Society, charter of 346 912

Cemetery, Rural, relative to 73 297

Chautauqua Institution, name changed to 196 496

Christ Church, Hudson, permanent endowment fund, establish-
ment of 330 892

Cohecton Bridge Company, charter amended 159 442

Corning Foundation for Clirlstian Work in the Diocese of Al-
bany, state's title to certain property released to 175 467

crematories, for the disposal of garbage, general city law

amended 168 454

Diocesan Aiisslons of Long Island, charter of 394 1002

Kastchester Development Company, state's title to certain real

property, released to 188 481

Kquitable Trust Company of New York, named changed to 2JK) 845

Federation of American Zionists, charter of 102 353

General Missionary Society of the German Baptist Churches of

North America, charter of 335 897

German Roman Catholic Orphan Asylum of Buffalo, loan made

to, legalized 362 949

Hebrew Sheltering Guardian So<*iety of New York, authorizing

appointment of, as general guardian 67 251

Hudson Iron Company, lands under Avater released to 74 298

International Railway Company, relative to 237 6.S8

Jewish Protectory and Aid So<Mety, charter of 489 1144

Jewish Theological Seminary of America, charter of 56 107

Lake Kiskatom Waterworks and Electric Power Conii)any, of

Catskill, charter of 607 1764

Lewiston Connecting Bridge Company, sale of its property and

franchises authorized 237 638

58 INDEX.

Corporations, xnlscellaneous — Continued: Chap. Pace.
Lower Niagara River Power and Water Supply Company,

charter of 539 1288

Mohawk and Hudson River Humane Society, relative to 261 683

consolidation of 313 870

Mohawk and Hudson River Humane Society for the Prevention

of Cruelty to Animals, consolidation of 313 870

New York Academy of Sciences, extension of powers 181 473

NtttlonaJ Travelers' Insurance Company, charter amended. . . . 492 1155
New York Building and Improvement Company, charter

amended 525 1245

New York City Church Extension and Missionary Society of the

Methodist Episcopal Church, charter amended 248 659

,New York State Convention of Uulversalists, charter amended. . 398 1015

New York Zoological Society, charter amended 146 418

racing associations, incorporation of, act amended 257 678

religious, incorporation and government of, act amended 97 331

River View Cemetery Association of Clinton ville^ Incorporation

and acts of, legalized 21G 585

Saint John's Church of the City of Albany, relative to 541 1292

Saint Vincent de Paul, conveyance validated and confirmed.... 90 319
Schoharie and Schenectady Counties Farmers' Mutual Fire In-
surance Association, charter amended 154 434

Syracuse Hospital for Women and Childr^i, relncorporatiiMi of. . 104 856

The Inebriate's Home for New York City, charter of 397 1013

Trustees of Scenic and Historic Places and Objects, charter

amended 501 1188

United German and French Roman Catholic Cemetery Afisocia-

tion of the city of Buffalo, acts of, legalized 362 949

Tin i ted Presbyterian Synod of New York, acts of corporation,

legalized 160 443

Correctional institutions:

support of Inmates, payments for, act amended • • . • • 155 435

County clerks:

certificates of election, relative to 10 14

certificates of nominations, filing with 10 13

Richmond county, to procure certain map, authority for 132 397

County engineers:

appointment of, highway law amended •••• 62 103

County Judges:

Chautauqua county, special county Judge, act amended 384 984

Schenectady county, salary of, relative to, county law amended. . 255 676

special, duties of, relative to 387 989

Suffolk county, salary of, county' law amended 234 634

County law amended:

Angora goats, killing or injuring, relative to 38 78

county Judge, Suffolk county, salary of, relative to 2:M 634

countv Judge and surrogate, Schenectady county, salaries of,

relative to 255 676

court criers, compensation of, relative to 5<»7 1218

doirs. refristratlon of 158 439

fire districts, relative to 142 408

New York and Kings counties, business hours In sheriff^s offices,

relative to 401 1020

Onondaga county, assistant district attorneys, appointment of. . 143 413

ta xes on dogs, relative to 38 77

tax for sheep or angora goats killed, to pay order for 88 78

INDEX. 59

County treasurers: Chap. Page.

accounts, examination of, appropriation for *-.... 594 1706

advances to, on account of taxes, appropriation for r>!K3 1693

on account of taxes, appropriation for 5J)4 1703

Broome county, malting office of, salaried 22 24

Delaware county, payment of salary of librarian, relative to. .. 16 19

state school tax, fees for disbursing, appropriation for 594 1710

CouFts:

clerk, appointment of. New Yorlc city charter amended 497 1173

criers, compensation of, county law amended 507 1218

Kings county, county court of, chief cleric and assistants, rela-
tive to 612 1788

New York city, court of special sessions, female probation offi-
cer, appointment of 382 982

inferior courts, relative to, charter amended as to 590 1623

municipal court, codification of laws, act amended 136 401

officers and marshals of 580 1486

Poughkeepsie, city court created 35 64

jurisdiction of 35 66

supreme court, Jamestown and Olean, holding of special terms

in, relative to 274 815

trial Justices, assignment of, to hold special terms 484 1138

Court of appeals:

chief Judf?e, salary of confidential clerk of, appropriation for. . . 594 1699

clerk, postage and transportation, appropriation for 593 1631

repairing and regilding frames of portraits, appropriation

for 594 1698

office expenses, appropriation for 593 1631

office expenses, appropriation for 594 1698

salary, appropriation for 593 1631

criers and attendants, appropriation for 593 1631

deputy clerk, clerks and employees, salary, appropriation for. . . 593 1631

judges, compensation of clerks of, appropriation for 593 3631

salaries and ex])pnses. appropriation for 593 1631

library, Syracuse, appropriation for 593 1632

Syracuse, appropriation for 594 1700

reports of, supplying to other states, appropriation for 593 1694

Court criers:

compensation of, relative to, county law amended 607 1218

Coyle, Charles:

act for relief of 613 1225

Craig Colony for Epileptics:

Improvements, appropriation for 425 1049

maintenance, appropriation for 593 1688

Creedxnoor:

ritlo ranges, repairs, appropriation for 694 1721

Crime:

abduction. § 282 of penal code amended 83 313

age of children charged with, § 699 of penal code amended 103 355

unsuccessful attempts to commit, time of imprisonment for,

§ 686 of penal code amended 116 374

Criminal anarchy:

defined, etc., relative to, penal code amended 371 958

60 INDEX.

Dannemora Hospital for Inaane ConvictB: Chap. Page.

officers, salaries of, appropriation for 593 l^SO

support and maintenance, appropriation for 593 1G80

Davenport, Mlddleburgh and Bnrliain Bailroad Company:

extension of time for construction and completion of road. .«• •• 141 408

Deaf an.d dumb:

Albany Home School, support and instruction, appropriation for. 593 1691

Central New York Institution, support and instruction, appro-
priation for 593 1G91

Institute for Deaf and Dumb, New York city, support and in-
struction, appropriation for 593 IGOO

Le Couteulx Saint Mary's Institution, Buffalo, support, appro-
priation for 593 1C5)1

New York city, support and instruction, appropriation for 593 1690

Northern New York Institution, support and instruction, appro-
priation for 593 1691

Saint Joseph's Institution, Fordham, support and Instruction,
appropriation for 593 1691

Western New York Institution, Rochester, appropriation for ... 594 1728
support and instruction, appropriation for 593 1G91

Deaf-mutea:

Central New York Institution for Deaf Mutes, Improvements,
appropriation for 594 1728

Dealer in game:

bond, to be given by, forest, fish and game law amended 194 487

Deer:

close season for, in Ulster, Greene, Delaware, and Putnam

counties 205 545

traps and light for the taking of, game law amended 71 296

Delaware river:

flshway in, appropriation for 594 1736

Demingy Horace E.:

services, appropriation for 594 1708

Denmark town:

Castorland dyke, repairs to, appropriation for 474 1126

Dentistry:

practice of, public health law amended 210 666

Department of docks and ferries:

New York city, relative to, charter amended 609 1777

charter amended 611 1787

Department of labor:

expenses, appropriation for 5IH 1217

first deputy commissioner, deficiency in salary, appropriation

for r»M 1717

salaries, appropriation for 594 1717

Department of water supply, gas, and electricity:

New York city, relative to, charter amended 689 1623

Devoe, F. W., & C. T. Raynolds Company:

claim for taxes erroneously paid, court of claims may hear 488 1143

BBM^

INDEX 61

Diocesan Missions of Long Island: Chap. Page,

charter of 394 1002

Distribution:

session laws, legrislatlve law amended • 293 847

District attorneys:

Onondaga county, appointment of, county law amended 143 413

District attorney:

Saratoga county, may appoint an assistant 6 5

Districts, congressional:

ninth district, boundaries of •.•••...• 298 855

Divorce:

actions for, code of clyll procedure amended, relative to 857 943

Divorces:

advertisements to procure, relative to, penal code amended,

S 148a 203 536

Dogs:

failure to kill, penalties, collection and application of 38 70

licensing of, in second class cities 294 818

owner of, penalty for neglect to kill 38 79

registration of, county law amended 158 439

unlicensed, seizure and disposal of, act amended 495 1168

Domestic commerce law amended:

barrels, size of certain 337 899

milk cans, unlawful detention of, relative to 482 1135

Domestic relations law amended:

marriage, relative to 522 1243

married women, rights of, relative to 289 844

Drake's drawbridge:

operation and maintenance, appropriation for 594 1731

Dunkirk city:

charter amended .' 529 1290

Dutchess county:

board of supervisors, proceedings of, legalized 165 440

Milan, establishing and defining boundary line 1830

North East, fishing through ice, game law amended 292 84f»

places of filing nominations, election law amended 176 408

Red Hook, establishing and defining boundary line 1830

transfer tax clerk, appointment of 283 833

Dwight, Charles C:

appropriation for 594 1698

Dykman, Jackson O.:

appropriation for 594 1C97

Early Bobert:

appropriation for 594 1G07

62 INDEX.

Eastchester Development Company: Chap. Pairc.

state's title to certain real property, released to 188 481

Eastern Kew York Beformatory:

repairs, appropriation for • 68 252

Education funds:

state finance law amended, as to 28 53

Elections:

North Tonawanda, elections, officers and city government, rela-
tive to 70 253

town meetings, holding of, In certain counties 239 639

Election districts:

maps and certificates of boundaries of, election law ameudcHl.. 89 317

Wilna, Increase of, relative to 308 Snr,

Election law amended:

ballots for town meetings, relative to 405 1024

certificate of nomination, places of filing of 241 043

Dutchess county, places of filing nominations, relative to 170 4«»8

election districts, maps and certificates of boundaries of 80 317

Eleemosynary institutions:

support of Inmates, payments for, act amended 155 435

Elmira city:

award for destruction of personal property In smallpox quaran-
tine, authorized 178 471

Chemung river, repairing dykes and banks of, appropriation for. 475 1127

city sealer, relative to, charter revised 180 472

clerk of city court, salary of, charter amended 179 471

Emerson, Jay B.:

compensation for services, examination and audit of 477 1120

Employers:

liability of, relative to 600 1748

Engineer and surveyor, state:

canal, proposed, authority to survey 202 6W

chief bridge designer and assistants, salaries and expenses,

appropriation for 594 1709

clerks and employees, appropriation for 593 1G43

deputy, salary of, appropriation for 593 1043

engineers upon canals, salaries and compensation, appropriation

for 593 1044

forest preserve, surveys in, appropriation for 594 1709

office expenses, appropriation for 593 1043

oyster lands, surveying and monumenting, appropriation for. . . . 594 1709

postage and transportation, appropriation for 593 1043

records, preservation of, appropriation for 594 1709

salary of, appropriation for 593 1043

surveying and mapping state, appropriation for 594 1709

surveys and maps for use before board of claims, api)ropriatlon

for 594 1709

traveling expenses, appropriation for 593 1044

appropriation for 594 1709

Eppens, Smith A Wiemann Company:

claim for taxes erroneously paid, court of claims may hear.... 488 1143

INDEX. 63

Equitable Tmst Company, of New York: Chap. Page,

name changed to • • ••••• 290 845

Erie basin, Buffalo:

deepening and improving, appropriation for • • 695 1741

Erie county:

Alden, village charter revised 107 360

coroner, office of, abolished 577 1478

medical examiner, office of, created 577 1478

sheriff, making office salaried, act amended 345 910

treasurer, duties of, relative to, code of civil procedure amended. 575 1474

Erie lake:

fishing in, game law amended • • 804 861

Essex county:

Chesterfield, town of, selection of certain lands, as a part of

Adirondack park, authorized 189 482

Eureka Fire Hose Company:

examination and payment of claim of • 571 1365

Examinations, competitive:

exceptions from, civil service law amended 355 941

Excise, state department of:

Albany office, clerical help, appropriation for 593 1668

attorneys, appropriation for 593 1667

attorneys, appropriation for 594 1713

auditor and accountant, salary, appropriation for 594 1714

Brooklyn office, clerical help, appropriation for 593 16G0

Buffalo office, clerical help, appropriation for 593 1609

clerk, salary, appropriation for 594 1714

commissioner, salary and expenses 593 1667

deputy and special deputies, salaries and expenses, appi'opriation

for 593 1667

filing cases, appropriation for 594 1713

Judgments, payment of, appropriation for 593 1669

messenger, salary, appropriation for 594 1714

New York office, carpet, appropriation for 594 1714

clerical help, appropriation for 593 1668

stenog^rapher, salary, appropriation for 694 1714

office expenses, appropriation for 593 1669

appropriation for 594 1714

refunds for liquor tax certificates, appropriation for 593 1669

salaries, appropriation, for 594 1713

second deputy commissioner, salary, appropriation for 594 1713

temporary help, appropriation for 594 1713

Excise fund:

New York city, belonging to^ charter amended, relative to..... 604 1755

Executors:

accounting by, code of civil procedure amended 349 915

Explosives:

manufacture of, relative to, penal code amended 486 1141

Fair, see State Fair.

64 INDEX.

Par Bockaway village: Chap. Pag*.

Eureka Firehause Company, examination and payment of claim

of 571 1365

Gamewell Fire Alarm Telegraph Company, examination and
payment of claims of 570 1363

Federation of American Zionists:

charter of 102 SI53

Fire department:

New York city, Ijurisdictlon of, over harbor fires, charter

amended 553 1320

relative to, charter amended 583 1606

Fire districts:

county law amended • 142 406

Fire protection:

assessment for, village law amended 591 1623

Fiscal supervisor of state charities:

oflSce of, created, state charities law amended 252 665

printing and binding and exx>enses, appropriation for 504 1707

salaries and expenses, appropriation for 594 1706

Fish:

certain may be caught through ice 43 84

See Forest, Fish and Game Law, amended.

Fishing:

in Bear like regulated 43 64

in Cassadaga lake regulated 43 84

In Chautauqua lake regulated 43 84

Fishy Bobert J.:

legal services, appropriation for 604 1787

Fishway:

Delaware river, in, appropriation for 594 1736

Flatbushy former town of:

Prospect avenue in, opening of, act amended 113 370

volunteer fire department, appropriation for 569 1362

Flatlands, former town -tf :

volunteer fire department, appropriation for 669 1362

Follett Memorial Library:

books, and for binding, appropriation for 594 1737

Ford, William:

salary, appropriation for 594 1717

Forest, fish and game commission:

assistant secretary, clerks, and stenographers, salaries, appro-
priation for 5a3 1670

associate commissioners, expenses of, appropriation for 503 1^»70

Cheney, A. Nelson, salary, appropriation for 594 1710

clerk and stenographer, salary, appropriation for 594 1715

collecting seeds, appropriation for 594 1714

commissioner, salary and expenses of, appropriation for 503 1669

docks and improvements, appropriation for 594 1715

INDEX. 66

Forest, flsh and game commlBsion — Contiiraed: Chap. Page.

engine for launch, appropriation for 504 1715

fish hatcheries, expense and maintenance of, appropriation for.. 593 1671

fish hatchery, appropriation for 594 1715

forest fires, rebates for suppressing, appropriation for 594 1714

forest preserve, trespass on, prosecution by 334 89C

game law, extra edition of, appropriation for 594 1714

publication of 3(J8 956

game protectors, salary and expenses, appropriation for 595 1741

general foreman of hatcheries, salary, appropriation for 594 1715

muskallonge hatchery, appropriation for 594 1715

office expenses, appropriation for 593 1671

oyster protectors, appropriation for 593 1670

prosecutions, costs and moieties, appropriation for 594 1714

protectors, salaries of, appropriation for 593 1670

shell-fish department, appropriation for 593 1670

shell-fish superintendent, salary and expenses, appropriation for. 593 1670
superintendent of forests, salary and expenses, appropriation

for 593 1670

surveys, etc., appropriation for 594 1715

Von Bayer, H., services, appropriation for 594 1715

Forest, fish and gr.jae law amended:

Canandaigua lake, set lines, use of, In, relative to 524 1245

Cayuga lake, fishing in 372 960

deer, close season for. In Ulster, Greene, Delaware, and Putnam

counties 205 646

deer, traps, and light for the taking of, relative to 71 206

Dutchess county. North East town, fishing through ice, etc.,

relative to 292 846

fishing through ice in certain waters 232 618

fishing through ice with set lines, in certain waters, relative to. . 511 1223

forest preserve, trespassing on 334 896

game, dealer in, bond of 194 487

game law, publication of, relative to 368 956

game protectors, additional, appointment of 247 658

(rreene county, woodcock, close season for 125 383

grouse, close season for 317 879

Westchester county, close season for 336 899

JefiFerson county, lu i ;, use of, in certain waters of 304 861

license for nonresidents, relative to 77 302

Niagara river, fishing in 303 860

Oil creek reservoir, Allegany county, fishing in 347 914

Ontario lake, set lines, use of, in, relative to 524 1245

penalties, relative to 299 857

plover and other birds, close season for Ill 366

Rensselaer county, squirrels, black and gray, special close season

for 161 444

woodcock, close season for 125 383

Sene<*a lake, fishing In 82 313

shell-fish, nonresidents taking, relative to 332 894

shell-fish, taking of, relative to 267 689

Skanea teles lake, set lines, use of, in, relative to 524 1245

squirrels, black and gray, special close season for 161 444

stnrgeon, required length of 361 948

tIp-ups and set lines may be used In certain waters 213 680

Ulster county, woodcock, close season for 125 383

Wanlta lake, fishing In, through ice 343 908

wild birds, certain, taking of 359 • 946

taking of, relative to 517 1230

wild fowl, close season 374 962

woodcock, close season 125 383

close season for 317 879

ee INDEX

Foreetport. Chap. Page,

reservoir dam, constrnctlon of, appropriation for 420 1043

Forest preserve:

Adirondack park, purchase of lands In, appropriation for 504 1716

CatsklUs, purchase of lands In, appropriation for 594 1716

trespassing on, game law amended • 334 806

Forman, John K.:

services, appropriation for 594 1735

Forty-seventh Beglment Armory:

repairing and enlarging, appropriation for 423 1046

Franchises, special:

taxation of, as real property ••• •..••• 112 367

Francis, Clarence W.:

appropriation for 594 1708

Frankfort village:

bonds and special election, legalized 17 19

street Improvements, act authorizing 72 296

Franklin county:

boundary line, establishment of, appropriation for 473 1125

sheriff, office of, made salaried 29 54

Fredonia village:

charter amended G2 118

Fruit trees:

prevention of disease in, agricultural law amended 519 1237

FuUamtown bridge:

erection of, appropriation for 594 1731

Fulton city:

charter of 63 124

Fulton village:

board of light commissioners, lighting contract, relative to.... 55 106

Fundjs, tnut:

investment of, relative to personal property law amended 295 852

Gager, Monroe:

claim for animals killed, appropriation for ••••••• 594 1733

Oale, Albert H.:

acts of, as notary public, legalized • • 152 425

Qame protectors:

additional, appointment of 247 658

salary and expenses, appropriation for 595 1741

Game well Fire Alarm Telegraph Company:

examination and payment of claims of 570 1363

INDEX 67

Gas meters. Inspector of: Ch«p. Pape.

expenditures, appropriation for 593 1671

inspector and deputies, salaries of, appropriation for 593 1671

salaries and expenses, appropriation for 593 1671

General Marine Insurance Company, of Dresden, Germany:

appropriation for 594 1705

General Missionary Society of the German Baptist Churches of
North America:
charter of 335 897

General city law amended:

garbage, crematories for the disposal of • . • • • 168 454

General corporation law amended:

certificates of Incorporation, relative to 285 835

corporate names 9 12

Geneva city:

Agricultural Experiment Station at, appropriation for 593 1660

Washington and Cemetery creeks, conducting waters of, appro-
priation for 594 1732

German Boman Catholic Orphan Asylum, of Buffalo:

loan made to, legalized 362 949

Gettysburg:

battlefield commission, compensation and expenses, appropria-
tion for 594 1733

for copies of final report, appropriation for 594 1734

transportation of survivors of certain regiments, etc, to, appro-
priation for 595 1742

Ghent town:

union free school district, agreement as to maintenance of pub-
lic library 20 22

Gibbons, John H.:

lot In "The Greenwood Cemetery," released to 15 18

Glenville town:

school act amended 377 969

Gloversville city:

charter amended 534 1271

Goats, angora:

taxes, to pay orders for, killed 38 78

Goodrich, H. W.:

services, appropriation for • 595 1741

Governor:

clerks, etc., appropriation for 594 1697

stenograpliors, and nii'ssengers, salaries, approi)rintion for. . 593 1630
commission to inquire into the delays In the administration of

justice, appointment of 485 1139

committee on statutes and laws, appointment of and appropria-
tion for 594 1736

executive mansion, expenses and repairs, appropriation for..., 593 1030

68 INDEX.

Governor — CJodrttntietf: Chap. Pago

military secretary, salary, appropriation for 593 163o

notarial clerks, appropriation for 593 KWo

appropriation for 594 1097

office expenses, appropriation for 503 1(>3(»

postage and transportation, appropriation for 593 lfi30

removals by, public officers law amended 91 32<i

salary, appropriation for 593 IC'Vi

secretary, salary, appropriation for 593 KWO

state papers, printing of, appropriation for 594 1097

witnesses, compensation, expenses and fees of, appropriation

for 594 ICWJ

Grade crossings:

construction of, loans by municipalities for, railroad law
amended 198 501

Grand Army of the Bepubllc:

office expenses, appropriation for •••••••• 594 1733

Grant Cottage:

maintenance, appropriation for 593 1694

repairs, etc., appropriation for 594 1734

Granville town:

additional Justices, act relating to, repealed 128 380

Gravel:

sale of, Indian law amended 329 891

Gravesend:

Surf avenue, assessments for grading, act amended 565 1355

Gravesend, former town of:

volunteer fire department, appropriation for « 569 1362

Greenburgh town:

issue and sale of school bonds, legalized 34 63

union free school district No. 4, organization and existence of,
legalized 84 63

Green Island village:

preparation of assessment roll, relative to 47 94

Greenoughy Fred M.:

labor and material, appropriation for 694 1722

Groton town:

union school district No. 8, issue of bonds for building a school-
house, authorized 137 402

Grouse:

close season for, game law amended 817 87i»

Westchester county, close season for 836 899

Guilderland:

proceedings of special district meetings and board of education
of union free school district No. 7. legalized 1 1

Gnmprecht, Morris:

claim against New York city, examination and audit of 479 1131

INDEX. 69

Gunpowder: Chap. Page,

manufacture of » relatlye to, penal code amended 486 1141

Gypsum.:

sale of, Indian law amended 829 891

Hamilton College:

trustees, powers of ; 326 888

Hamilton county:

Inlet, new town erected 1829

Morehouse, division of town of 1829

Harmon^ Gilbert I.:

salary, appropriation for • : 594 1717

Hatch, George W.:

horses killed, appropriation for 594 1735

Healthy state department of:

laboratory for investigations as to cancer, appropriation for.... 594 1716

anti-toxine and investigations of serum, appropriation for 594 1716

clerks, experts, salaries and expenses, appropriation for 593 1672

commissioner of health, salary and expenses of, appropriation

for 593 1671

commissioner, quarantine, appropriation for 594 1737

office expenses, appropriation for 593 1672

postage and transportation, appropriation for 593 1672

postage and expenses, appropriation for 594 1716

secretary of department, salary of, appropriation for 593 1672

smallpox, appropriation for 594 1716

traveling expenses, appropriation for - 593 1672

Hebrew Sheltering Guardian Society, of New Tork:

authorizing appointment of, as general guardian 67 251

Hempstead town:

board of audit to hear and audit claims, relative to 508 1219

school district No. 9, proceedings of special district meeting

legalized 322 884

Herkimer village:

board of police and fire commissioners, establishment of, act

amended 135 400

Herkimer county:

Frankfort, street improvements, act authorizing 72 296

Herkimer, board of police and fire commissioners, establishment •

of, act amended 135 400

High dam:

raising and completing, appropriation for 594 1732

Highways:

commissioners of, reports of, relative to 2.'>8 680

commutation of labor, highway law amended 105 .S.'>S

county supervision of, highway law amended 306 1008

discontinuance of. relative to 331 808

inspection of, highway law amended 75 ?.Ui)

obstructed, opening of, highway law amended 323 885

Orange county, improvement of, act amended 164 448

70 INDEX.

Highways — Continued: Chap. Page.

public, improvement of 53 104

act for Improvement of, amended 379 072

act for improvement of, amended 510 1221

regulations, highway law amended 96 330

repairing, payment of money by the state, etc., liighway law

amended 156 436

rubbish, throwing of, on 166 451

Highway law amended:

bridges, relative to 321 883

commissioners of highways. Inspection of highways by 75 299

reports of, relative to 258 680

commutation of highway labor, relative to 105 358

county engineers, appointment of 62 103

county supervision of highways, relative to 396 1008

highways, obstructed, opening of, relative to 323 885

repairing, payment of money by the state, etc., relative to. . 156 436

regulations on highway 96 330

road rollers and other machinery, purchase of 129 389

rubbish, throwing of, on highways 166 451

taxes, penalties for neglect to pay 242 645

Historian^ state:

clerk hire and expenses, appropriation for 593 1672

appropriation for 594 1716

salary, appropriation for 693 1672

translations, appropriation for 594 1717

Hoifman island:

repairs, appropriation for 594 1726

salaries and expenses at, appropriation for 693 1681

Holcomby Sarah lfl[.:

reimbursement, appropriation for 594 1737

Holidays:

public, statutory construction law amended as to 89 80

Honey:

selling of, relative to, agricultural law amended 214 580

Honeoye Falls village:

streets, lighting of, relative to 310 868

Hornellsville city:

charter amended 66 247

county courts, holding of In 119 378

Horticultural investigations and experiments:

appropriation for 593 1661

Hospitals:

Binghamton, commission in lunacy authorized to consent to

Improvements, etc 275 815

for treatment of incipient pulmonary tuberculosis, act amended. lOS .H61

Highland Hospital of Matteawan, appropriation for 594 1719

Willard State Hospital, clergymen, employment of, at, appro-
priation for 594 1718

House of Befuge for Women, Hudson:

improvements, appropriation for 431 1060

INDEX. 71

Houses of refuge: Chap. Page.

House of Refuge for Women, appropriation for 593 1688

Western House of Refuge for Women, appropriation for 593 1688

Hudson city:

assessors^ salary of, relative to, charter amended 447 1087

common council, extending powers of, charter amended 448 1087

issue of bonds by, to erect school building 254 675

Hudson Iron Company:

lands under water rel^sed to 74 298

Huggins, Dr. W. Q.:

services, appropriation for 594 1710

Humphrey, Lester H., estate of:

appropriation for 694 1736

Huntley, Jason T.:

claim for animals killed, appropriation for 594 1733

Ice:

fishing through, in certain waters, game law amended 232 618

Indians:

agents of certain tribes, compensation, appropriation for 593 1693

annuities to certain tribes, appropriation for 593 1693

attorneys for certain tribes, compensation, appropriation for. . . 593 1694

Tonawanda reservation, erection of poles and wires 296 853

Indian law amended:

gypsum, sand and gravel, sale of, relative to 829 893

Tonawanda reservation, poles and wires, erection of 296 853

Inlet town:

erection of 1829

Insanity law amended:

deposit of money and purchases on credit, relative to 130 890

Manhattan State Hospital on Wards island, relative to 699 1747

personal property, unclaimed, sales of, relative to • • . • • 891 999

Inspector of gas meters:

salaries of mechanics employed by, appropriation for 411 1036

Insurance:

minors, upon lives of, insurance law amended 437 1070

Insurance corporations:

reduction of capital stock, relative to, stock corporations law

amended 288 886

Insurance department:

clerical help, appropriation for 693 1673

deputy superintendents, salaries and expenses, appropriation

for 593 1673

examiners and appraisers, appropriation for 593 1674

Insurance litigation, appropriation for 593 1675

New York office, appropriation for 593 1674

office expenses, appropriation for 593 1674

reports, printing and binding, appropriation for 503 1674

stenographer, salary, appropriation for 594 1717

superintendent, salary and expenses, appropriation for 593 1672

traveling expenses, appropriation for 593 1674

valuation tables, appropriation for ,593 1674

72 INDEX.

Insurance law amended: Chap. Page.

insurance upon lives of minors, relative to 487 1070

Lloyds, partnerships or associations known as, relative to.... 297 854

International Bailway Company:

property and franchises of Lewis ton connecting bridge com-
pany, conveyed to • 237 638

Interpreters:

Queens county, relative to 819 881

Ithaca city:

flood, repairing damage caused by, issue of bonds for 463 1112

sewerage system, relative to, act amended 547 1312

Jail:

liberties in certain counties, code of civil procedure amended.. 311 869

Jamestown city:

charter amended 395 1004

supreme court, holding of special terms in 274 815

Jeiferson county:

nets, use of, in certain waters of, game law amended 304 861

wild fowl in, close season for 374 962

Wilna, election districts, increase of, relative to 308 866

Jewish Protectory and Aid Society:

charter of 489 1144

Jewish Theological Seminary of America:

charter of 56 107

Johnstown city:

charter amended 233 619

Jonas, Bernard:

Hempstead town, board of audit, to hear and audit claim 508 1219

Judgements :

court of claims, made by, on account of canals, appropriation

for 412 1037

payment of, appropriation for 415 1039

opening: and vacating of 35 68

regulations, respecting, code of civil procedure amended 361 951

Jurors:

commissioner of, in certain counties, act amended 408 1032

trial, selection of, in New York county, code amended 491 1152

Jurors and Juries:

commissioner of in Kings county, act creating 564 1348

special jurors, Kings county, drawing of 5G4 1348

Jury districts:

Oswego county, act repealed, relative to 87 316

Justice's court:

Poughkeepsle, abolished 35 73

INDEX 73

Justices of the peace: Chap. Page.

Poughkeepsic, office of, abolished 35 73

terms of office of 10 15

to be elected at general elections, relative to 10 15

Justlcea of supreme court:

confidential attendant to justices designated to appellate di-
vision, second department, appointment of 597 1745

trial Justices, assignment of, to hold special terms 484 1138

Juvenile delinquents:

maintenance, appropriation for •*.•••• 593 1688

Kehoe, George B.:

extra work, appropriation for • • • • • • 594 1706

Kennedy, Thomas J.:

claim for animals killed, appropriation for • 594 1733

Kinderhook village:

contract for lighting purposes, relative to 236 637

J
Kings county:

armorv. Forty-seventh Regiment repairing and enlarging, ap-
propriation for 423 1046

commissioner of jurors, appointment and duties of 504 1348

commission to inquire into the delays in the administration of
Justice, appointment of 485 1139

county court, chief clerk and assistants, appointment of, rela-
tive to 612 1788

Gravesend. assessments for Surf avenue. In former town of, act
amended 565 1355

sheriff, business hours in office of, relative to 401 1020

Kingston city:

school system established, charter revised 494 1158

Knighty John J.:

labor and material, appropriation for 594 1735

Knights of Ck>lumbu8:

benevolent orders law amended, relative to 890 995

■

Labels:

unauthorized use, or display of, labor law amended 88 316

Labor, department of:

officers and employees, salaries and expenses, appropriation for. 503 1675

bulletins, appropriation for 503 1676

commissioner, salary and expenses, appropriation for 503 1675

deputy commissioners, salaries and expenses, api)ropriatlon for. 503 1(575

free employment bureau. New York city, appropriation for. . . . .^)03 1676

postage and transportation, appropriation for 593 1676

Labor law amended:

labels, unauthorized use, or display of. relative to 88 316

labor on public works, employment of, relative to 454 1098

Lake Champlain:

fishing in, repealed, as to 190 484

74 INDEX.

Lake Kiskatoxn Water Works and Electric Power Oompany of

Catskill: Chap. Page.

charter of 607 1764

Lands:

Adirondack park, selection of certain lands, as a part of, author-
ized 1S9 482

Buffalo, ceded to United States 363 950

Poughkeepsle, sale of, authorized 229 614

redemption of tax sales, repayments to purchasers, appropria-
tion for 693 1693

sale of, for unpaid taxes, tax law amended 171 457

state industrial school, site, selection of, for 527 1247

Ward's island, lands on, consent to acquisition by United States,

given 386 987

Land office, commissioners of:

expenses, appropriation for 594 1717

expenses of public lands, appropriation for 593 1676

maps of shore lines, appropriation for 594 1717

Larchmont village:

railways, construction of, prohibited upon certain streets 812 869

Law department:

New York city, fees, relieved from paying, relative to 650 1316

Legislature:

chaplain, assembly, appropriation for 694 1700

chaplain, senate, appropriation for 594 1700

clerks, advances to, appropriation for 693 1630

clerks, contingent expenses, appropriation for 593 163fi

contingent expenses, appropriation for 595 1741

preparation of session indices and digests, appropriation

for 695 1743

committees, expenses of, appropriation for 694 1700

committee, ways and means, extra stenographic and clerical

services, appropriation for . . . ! 695 1741

contingent expenses, appropriation for 694 1700

indexing bills. Journals and documents, appropriation for 594 1700

appropriation for 595 1742

indices of senate bills, journals and documents, appropriation

for 594 1701

manuals, appropriation for 594 1700

members and oflScers, compensation, appropriation for 594 1701

compensation and mileage, appropriation for 593 1636

postage, appropriation for 594 1700

resolutions, engrossing, of assembly, appropriation for 594 1700

of senate, appropriation for 694 1700

session laws, compiling indices of, appropriation for 595 1742

Legislative law amended:

session laws and concurrent resolutions, publication of 182 475

session laws, distribution of, relative to 293 847

Leicester town:

burying-ground, enlargement of, and purchase of additional land

for, authorized 230 615

Lewiston :

act for relief of, amended 7 •

INDEX. 75

Lewiston Oonnecting Bridge Company: Chap. Page,

property and franchises, sale of, authorized 237 G38

Liability:

of employers, relative to 600 1748

Libraries:

Canton, establishment and maintenance of 95 329

court of appeals, Syracuse, appropriation for 593 1632

appropriation for 594 1700

librarian, appropriation for 593 1632

eifrhth Judicial district. Buffalo, appropriation for 593 1033

Follett memorial library, appropriation for 594 1737

judicial district libraries, appropriation for 593 1632

New York Public Library, Astor, Lenox, and Tilden Founda-
tions, number of trustees increased 21 23

trustees of, increased 21 23

Norwich, David L. Follett Memorial Library, establishment of. 32 61
public and free, establishment and support of, university law

amended 185 478

state library, appropriation for 593 16.32

supreme court, appellate division, first department, appropria-
tion for 593 1632

fourth department, appropriation for 593 1(532

fourth department, law library, appropriation for 594 1699

second department, appropriation for 593 16.32

third department, appropriation for 593 1632

at Delhi, salary of librarian, relative to 16 19

eighth judicial district, appropriation for 594 1700

License:

non-residents, for, game law amended 77 302

Lien law amended:

chattel mortgages, filing of, relating to 64 245

liens on account of public improvements, filing notice of 37 74

liens imder contract for public improvements 37 74

stallions, liens for service of, relative to 351 919

Lieutenant-governor :

salary, appropriation for 593 1630

stenographic and clerical services, appropriation for 595 1741

Little Falls city:

charter amended 173 463

charter amended 174 4r>.5

tax levy, relative to 271 807

Livingston county:

Leicester, burying-ground, enlargement of, and purchase of ad-
ditional land for, autliorized 230 615

Yorlv. release of certain land to Mary Chapman and Charles

Weldon 505 1195

Loans:

temporary, state finance law amended, relative to 366 953

Lockport city:

bonds. Issue of. for building schoolhouse 2?3 606

charter amended 2r><S (5S9

charter revised 222 597

76 INDEX

Logs: Chap. Pajre.

condemnation to public use, navigation law amended 613 1789

Long Liland State Hospital:

relative to, insanity law amended 599 1747

Long Island state park coznm.issioner8:

appointment of 260 681

Lorena Company:

reimbursement, appropriation for 594 1737

•

Louisiana purcliase exposition commission:

appointment of, and appropriation for 421 1044

Lower Niagara Power and Water Supply Company:

charter of 539 1288

Lunacy, state commission in:

alien and nonresident lunatics, deportation of, appropriation for. 593 167()
Binghamton State Hospital, authorized to consent to improve-
ments, etc 275 815

boards of managers abolished 26 63

boards of visitation created, 26 33

expenses of 26 35

powers and duties of 26 34

buildings, repairs and improvements, appropriation for 593 1677

checks for wages and supplies, appropriation for 594 1719

clerks, salaries, appropriation for 593 1670

commissioners, salaries and expenses, appropriation for 593 1670

employees, wages of 26 39

extra clerical services, appropriation for 594 1710

general powers as to state hospitals 26 30

Highland Hospital of Matteawan, appropriation for 594 1710

hospital districts, change of, and reassignment of patients 26 ^2

hospital in New York city, appropriation for 693 1677

insane, provision for prospective wants, to be made by 26 32

laboratory, director of, appropriation for 593 1677

Long Island State Hospital, special provisions, relating to 26 38

Manhattan State Hospital, docks, ferryboats, authority to ac-
quire 26 45

Manhattan State Hospital, special provisions, relating to 26 38

National Ck>mmercial Bank of Albany, reimbursement of, ap-
propriation for 594 1718

office expenses, appropriation for 593 1677

officers, appointment and qualification of 26 35

salaries of 26 3J)

official oath, superintendent and steward to file 26 45

pathological institute, appropriation for 593 1077

appropriation for 594 171S

patients, discharge of 2(\ 47

under special agreement, admission of 20 47

report, annually, to the legislature 20 31

secretary, salary, appropriation for 593 107(»

special agents, compensation and expenses, appropriation for. . 59^ 1077

state hospital districts; how defined 20 32

state hospitals, officers of, salaries, appropriation for 593 1077

support and maintenance of, appropriation for 503 1077

streets and railroads through hospital lands, prohibited 2<» 47

superintendent, as treasurer, powers and duties of 2<i 41

general powers and duties of 26 36

ESTDEX. 77

Lunacy, state commission in — Continued: Chap. Pngr-

superintendents, meeting of 26 3!)

to prepare monthly estimate of expenses 2G 40

transfer of patients, appropriation for 593 1(yH\

traveling expenses, appropriation for (>94 1710

Willard State Hospital, clergymen, employment of, ai>pr()i)ria-

tion for 594 1718

Lyon, James B.:

same law, extra edition of, appropriation for 594 1714

McCullough, John F.:

expenses and counsel fees, appropriation for 595 1742

McDonnell, Patrick J.:

claim against New York city, examination and payment of 480 1132

McKinley memorial exercises:

appropriation for • 595 1740

McKinley monument commission:

appointment of, appropriation for 536 1279

Madison Square Bank:

appropriation for 594 170r)

Mad river:

for improvement of, act relating to, repealed 24 28

Maher, John:

claim for animals killed, appropriation for 594 1734

Manee, James F.;

expenses and counsel fees, appropriation for 595 1742

Manhattan State Hospital:

relative to, insanity la;w amended 599 1747

Marriage:

relative to, domestic relations law amended 522 1243

Matteawan State Hospital for Insane Criminals:

officers, salaries of, appropriation for 593 1680

support and maintenance, appropriation for 593 1680

Mechanicville village:

charter amended 273 812

Medical examiner:

Firie county, office of, created 577 1478

Medical students:

examination of, relative to 248 646

Medina village:

charter amended 278 818

Membership corporation law amended:

agricultural corporations and societies, relative to 582 1607

consolidation of existing membership corporations, relative to. . 439 1073

corporate purposes, extension of, relative to 341 905

corporations for the prevention of cruelty, relative to 169 454

78 INDEX.

Memorial day: Chnp. Pn^p.

leave of absence to veterans of the Spanish war 81 312

Merchandise:

sale of in bulk, regulated 528 1249

Middletown city:

charter of 572 13(57

fire department, Incorporation of, act amended 338 900

Milan town:

establishing and defining boundary line 1830

Milk cans:

unlawful detention of, domestic commerce law amended 482 1135

Mines, state:

public lands law amended, relative to 503 1192

Minetto dam:

raising and completing, appropriation for 594 1732

Minneceingo creek:

drawbridge over, compensation of tender of, appropriation for.. 503 10S5

Miscellaneous reporter:

clerk hire and office expenses, appropriation for 594 lfi99

salary, clerk hire, and expenses, appropriation for 593 1(535

Moffitty James:

horses killed, appropriation for 594 1735

Mohawk ly^d Hudson Biver Humane Society:

authority to detain juvenile delinquents 2(>1 083

consolidation of 313 S70

new name 313 870

Mohawk and Hudson Biver Humane Society for the Prevention
of Cruelty to Animals:
consolidation of 313 870

Monied corporations:

receivers on dissolution of, relative to 60 113

Monroe county:

purchasing agent, relative to 309 w;7

sheriff, office of, made salaried 490 1 148

Montour Falls:

charter amended 110 3(55

Morehouse town:

division of 1829

Mortgages:

railroad law amended, relative to 504 1193

Mount Magdalen School of Industry and Beformatory of the
Good Shepherd in the City of Troy:
commitments to, relative to 003 1754

Mount Pleasant town:

union free school district, establishment of, legalized 399 1018

INDEX. 79

Mount Vernon cltj: Cliap. Page.

clerk of arrears, relative to, charter amended 610 1780

police force, peusiou fund for, relative to 375 9t>3

temporary deficiencies, authority to borrow money by issue of

bonds, for 44 85

•

MuBcallong^e:

close season for 43 84

■

Myrtle Hill Cemetery in the City of SyracTise:

new title 163 446

Names changed by court:

Abdlitzky, Henry, to Able, Henry 1812

Abrams, William Francis, to Adams, William Francis 1823

Abramovich, Kmile, to Abbott. Emile 1810

Albany County Wheelmen to Quanononta Club 1815

American Electrical and Maintenance Company to Reilly*s,

Jemes, Sons Co 1807

American Gas Fixture Company and Oxley and Enos Mauufac^

turing Co. to Oxley Enos Company 1806

Amsley, LeRoy D., to Webster, LeRoy D 1814

Arstein, Robert, to Amsteiu, Robert 1817

Bach, Myron, to Rivers, Tenbrook 1821

Bagnewski, Oscar, to Hoffman, Oscar 1826

Barcheles, Moriz, to Barshell, Maurice 1809

Barnes, Wales Parker, to Barnes, Richard Wales Parker 1812

Bates, John W., to Benedict, John 1812

Beck, Hirsch, to Beck, Herbert 1810

Benadik, Andreas, to Kohnle, Andrew 1809

Bergler, Emll, to Berger, Emil 1818

Berman, Leopold Clarence, to Berman, Pemberton 1808

Binghamton Gas Engine Company to Rumsey Gas Engine Com-
pany 1813

Blackburne, Geo. V., to Blackburne-Plunkett Co 1815

Blaszcynski, Joseph Andrew, to Blash, Joseph Andrew 1808

Boak, Ross Irwin, to Barton. Ross Irwin 1809

Bogenschneider, Frank Anthony, to Bogen, Frank Anthony 1812

Brandeis, Henry Dormltzer, to Brandyce, Henry Dormitzer 1810

Branion, Bessie Lucille, to Branion, Bessie Clark 1825

Braunworth, Munn and Barber to Braun-worth & Co 1822

Brockport Union Agricultural Society to Monroe County Agri-
cultural Society 1826

Brooklyn Bank in the City of Brooklyn, to Brooklyn Bank in the

City of New York 1821

Brown, Alice M., to Pierce, Alice B 1820

Brzezinski, Joseph, to Halsey, Joseph 1822

Buckley, Harry, Jr., to Hyde, Thomas J826

Building Trades Club of the City of New York to Building

Trades Association of the City of New York 1806

Burrill, Archibald C, to Bush, Archibald B 1822

Burton, Rowena L., to Goewey, Rowena L 1815

Capen, Philetus M., to Capen, Frederick Mortimer 1819

Chapowsky, Louis, to Chapman, Louis 1820

Charonsetzky, Joseph, to Corn, Joseph 1817

Cherkafisky, Bernard, to Cherkass, Bernard 1811

Cbeszonsky, Robert, to Jonason, Robert 812

Ching. Henry Thomas, to Berry, Arthur 1823

Chosen Friends Home Loan and Savings League to United

Savings Loan Society 1807

Cohen, Charles, to Cole, Charles 1810

80 INDEX

Names changed by court — Continued: Chap. Prtgc

Cohen, George, to Kahn, George 1817

C/Ohen, Harold L.. to Colten, Harold L 181^

Cohen, Joseph E., to Kahn, Joseph E 1811

Combes-Herzog Company to The Herzog Company 18()o

Crane, Abby Warren, to Trafford, Abby Warren 18<>9

Crane, Lauramoore, to Ti-afford, Lauramoore 18<^

Dammes, Thomas Wesley, to Wesley, Thomas Dammes 18()8

Danofsky, Benjamin, to Danow, Benjamin » 1 81(>

Danofsky, Michael, to Dabaw, Michael 1 Sli»

Denzer-Harrls Company to Harris, G. H., Company 1828

Derechinsky, David, to Derow, David 1810

de Wolfe, Francis Cecil, to Sterne, Francis Cecil 1810

Dorn, Frank, to Don, Frank 182-1

Downes & Cook Manufacturing Company to Downcs and (Com-
pany 1807

Doyle, Gideon W., to Allen, Gideon W 1800

Druzinsky, Jacob, to Drosin, Jacob 181 8

Druzinski, Julius, to Drosin, Julius 1 SI 8

DuBois, Floy Reading, to DuBois, Floyd Reading 1808

Dusheviski, Isaac, to Dushaw, Amos Isaac 1812

Eagle Engraving Company to Alford, H. G., Company 1806

Eaglet, Incorporated, to Consumers Co-operative Supply Com-
pany l^rt^7

East Side Dispensary to New York Eye and Ear Clinic 1807

Edelsteln, Oscar, to Edson, Oscar 1812

Ellers & Movius Leather Company to Eilers & Becker Leather

Oomi>any 1805

Einfeld, Paul, to Miller, Paul E 1812

Ekstedt, Charles Alfred, to Orownshield, Charles Alfred 1808

Enowitz, Charles, to Eno, Charles 1811

Evans, Lulu M., to Evans, Louise Margaret 1822

Feinberg, Benjamin, to Colvin, Benjamin Fayette 1809

Feis, Alexander Jason, to Foley, Alexander Jason 1809

Fellheimer, Willey J., to Felmer, Willey J 1818

FitziMitrick, Mary, to Cochran, Mary 1823

Fonda, Kelly & Snow to Fonda, Kellogg & Snow 182n

Foster, Christine S., to Rogers, Winifred Hermine 1822

Foster, William J. Nicklin, to Nicklin, William Foster 1822

Frank, Selig, to Franklin, Sellg 1811

Freiberthauser, Louis W., to Friebert, Louis W 1824

Friedman, Robert, to Fisher, Robert 1817

Fiu'mansky, Jacob M., to Furman, Jacob M 182:5

Garcia Rabell Trading Company to Lopez Trading Company 180(J

Gleason & Loomis Cold Storage Company of Brighton, N. Y.,

to Gleason & Loomis Company ]82('.

Goldstein, Michael, to Bolton, Michael 1809

Gottfried, Joseph, to Chobot, Joseph 1K09

Gottschalk, Edmond Francis, to Stratton, Edmond Francis ISiVi

Grabowski, Helen L., to Helone, Lena 1817

Greenberg, Jacob D., to Fisher, Jacob D 181 j

Grodginsky, David, to Grody, David 18in

Harresimoflf, Herman, to Harrison, Herman 1812

Healey, Daniel Joseph, to Aursleff, Carl 1811

Hebrew American Publishing Company to Hebrew Publishing

Company 1823

Henley, Helen Bertram, to Bertram, Helen 1818

Henn, Robert William, to Boenig, Robert William 1823

HIckey, Freeman and Mahon Company to Hickoy and Freeman

Company 1825

Hollinshead, Samuel Charles, to DeWitt. Samuel Charles 1822

Home Hotel Association to Mary Fisher Home Association 1805

INDEX 81

Names changed hy court — Continued: Chap. Page.
Iudei>endent Young Men of Poniewlez to Manhattan Young Men

Association 1807

Isaacs, Algeron, to Nova, Algeron 1 1823

Isaacs, Harold, to Nova, Harold 1 1828

Isaacs, Julius M., to Nova, Julius M 1823

Isaacs, S'aul C, to Nova, Saul C 1823

Jacol>owitz, Samuel, to Jacobs, Samuel 181 7

Jacobowsky, David, to Jaeoby, David 1808

Jaslowsky, Leon A., to Jaslow, Leon A 1820

Joffe, Louis, to Llebowltz, Louis 1813

Jones, Samuel Be^ch, to Chester, Samuel Boacli 1810

Kaliske, Henrietta S., to Saxe, Henrietta 1820

Kaliske, Max S., to Saxe, Max H 1821

Kaplansky, Jacob, to Kapell, Jacob 1811

Kaplansky, Max, to Kapell, Max 1811

Keyes-Baker Cigar Rolling Machine Company to Union Cigar

Making Machine Company 1813

Klbalsky, Max, to Weill, Max 1808

King, Solomon, to King, Samuel 1811

Kohn, Joseph, to Kane, Joseph 1820

Kontorwltz, Adolph, to Kantor, Adolphe 1810

Koetowskl, Roman J. F., to Irwin, Roman J. K 1821

Krauskopf, Morris, to Kraskop, Morris 1822

Krimsky, Robert, to Krims, Robert 1811

Kurlandsky, Alexander, to Karlin, Alexander 18 J 8

Kurlansky, Jacob, to Karlin, Jacob 1821

Kuilansky, Samuel, to Kurlan, Samuel 1»10

Lapldowsky, Max, to Levi, Max :. . . 1820

Laschtschower, Abraham, to Laschawer, .Abraham 1810

Lawyers* Stenographic & Typewriting Co. to Lawyers* Steno-
graphic and Printing Co 1800

Lefkofwitz, Samuel, to Lyons, Samuel 1817

Levine, Jacob, to Schless, Jacob A 1811

Levy, Isaac, to Levy, Isaac Lawrence 1822

Levy, Richard Louis, to Alexander, Richard Ix)uls 1800

Levy, Samuel, to Hinee, Samuel L ' 1817

Lewinsky, Julius Cresar, to Lauer, Julius Ciesar 1820

Lewis, Melinda, to Phinney, Melinda 1824

Llebman, Aaron, to Liebman, Albert 1821

Loebenstein, Arthur, to Litten, Arthur Sigmund 1811

Loshevsky, Max, to Lashever, Max 1815

LovaaB, Sigvart, to Louis, Sigvart 1822

Lowenstein, Adelinn, to Livingstone, Adelina 1819

Lowenstein, Edward, to Livingstone, Edward 1810

Lowenstein, Flora, to I^ivingstone, Flora 1810

Lowenstein, Herman, to Livingstone, Herman 1810

Ivowenstein, Herman G., to Llvinstone, Herman G 1819

lyorwensteln, Mary Elizabeth, to Livingstone, Mary Elisalieth 1819

Lowenthal, Herman, to Schneider, Herman lcSl9

Lubelski, Julius L., to Lubell, Julius L 1810

Lubsky, Jennie, to Lubin, Jennie 1819

Lupton, F. M., Publishing Company to Federal Book Company 1807

McCabe. George W. Colvin, to Colvln, George W 1825

McComber, George Bush, to MacComber, George Busli 1823

McMahon, Marion Sherwood, to Wilson, Marion Sherwood 1822

Madansky, Abraham, to Jacobs, Abraham 1811

Madansky, Philip, to Jacobs, Philip 1809

Magev^irth, Julius Otto, to Mageworth, Julius Otis 1817

Mahor Clark Shoe Manufacturing Co. to Moloney, E. I). & Bro.

Shoe Co 1825

INDEX.

Names chang^ by court — Continued:

Majestic Manufacturing Company to Crosby Manufacturing
Company

Maneshewltz, Louis, to Marcus, Louis

Manhattan Mutual Oo-operatlve Savings and Loan Association
and The Franklin Society for Home Building and Savings to
the Franklin Society for Home Building and Savings

Manhattan Mutual Savings Association to Fortuna Real Estate
Corporation

Manhattan Sausage Company and Co-operative Sausage Com-
pany to Co-operative Manhattan Sausage Company

Mannebach, Gustave Adolph, to Manney, Gustave Adolph

Mannebach, William Heni-y, to Manney, AVilliam Henry

Masucci, Domenico, to Palmer, John

Matheis, Albert F., to Mathews, Albert F

Mela Fireproof Partition Company to Norman Fireproof Con-
struction Company

Melenky, Isaac P., to Melen, Asher P

Menken, Arthur W., to Smith, Arthur W

Minsky, Benjamin, to Miners, Benjamin

Miss, Benjamin .T., to Kroger, Benjamin J

Miss, Bernard S.. to Kroger, Bernard S

Mitchell, Charles D., to Cameron, Charles D

Mitchell, Walter S., to Stevenson, Walter Samuel

Molse, Gerolamo, to Gazzo, Gerolamo

Moise, Gerolamo, to Gazzo, Gerolamo

Moskowitz, Ike, to MaaskofP, Isaac

Moskovitz, Morris, to Maaskoff, Morris

Mosessohn, Morris A., to Mason, Morris A

Monteflore Home for Chronic Invalids to Montefiore Home

Mowinski, Brono, to Mowins, Bruno

Muench, Ernest T., to Minch, Ernest T

Murray, Herbert Sylvester, to Saylor, Henry Murray

Naething, John Berkley, to Naething, John Bingham

Naumann, A., Pulfrich Company to Pulfrich, E., Company

Nelson, Richard Palen, to Nelson, Palen

New Amsterdam Hotel Company to The Hungarian Restaurant
Company

Newmark & Walker Company, to The Newmark Company

New York ^as and Electric Light, Heat and Power Company
and The Edison Electric Illuminating Company of New York,
to The New York Edison Company

New York Public library, Astor and Tilden Foundations, and
The New York Free Circulating Library, to New York Public
Library, Astor, Lenox and Tilden Foundations

New York Realty Company, to Manhattan Island Corporation. .

New York Truckniens' Association, to New York Truck Owners*
Association

Number four East Forty-ninth street, to number fifteen East
Forty-eighth street

O'Brien, Walter, to Bryan, Walter

Ochsenbrucher, William, to Osburg, William

Olsen, Raynert Niels, to Graubeck, Raynert Niels Olsen

Olsen, Thomas Antoul Maronl, to Maroni, Thomas

Olshansky, Samuel, to Olsan, Samuel

Orlans, Philip, to Orleans, Philip

Orphan Asylum Society of the Reformed Churches of Brooklyn
and New York, to Ottilie Orphan Asylum Society of New York

Padolsky, Max. to Pocker, Max

Palmquist, Fritz August, to Smith, Frederick A

Palmqulst, Knut Emil, to Smith. .Toseph

Pasmanski, Lion, to Passman, Harry

Chap. Page.

. . . 18'.)5
... 1800

1806

1807

1807
1812
1812
1818
1822

1806
1826
1822
1811
1823
1823
1821
1824
1811
1820
1808
1808
1812
1806
1816
1810
1800
1819
1806
1812

1805
1805

1806

1805
1806

1805

1806
1822
1825
1824
1823
1826
1809

1822
1820
1818
1822
1826

INDEX. 83

Names changed by court — Continued: Chap. rage.

Pekowskle, Albert, to Becker, Albert 1824

Pelten, Israel Leib. to Pelten, Julius 1818

Peltz, Willtam, to Williams, Frank 1812

Persky, Morris, to Pearson, Morris 1811

Philii) and Ebling Brewing Company, to Ebling Brewing Com-
pany 1805

Pitzulitles, John, to Uuss, John 1810

Plattdutsehe Volksfeat Verein un Hospital Gesellsohaft von
Brooklyn un IJmgegend, to Plattdutsehe Volksfest Verein von

Brooklyn und Umgegend 1824

Plumbers* Material Protective Association, to Manufacturers

and Dealers' Protective Association 1806

PohalskI, Abraham Lincoln, to Lincoln. Lincoln. Abraham 1819

Pohftlskl, Alfred Jerome, to Lincoln, Alfred Jerome 1810

Polialski, Arthur T>co, to Powell. Arthur L^e 1820

PohalskI, Bertha Maud, to Powell, Bertha Maud 1820

PohalskI, Chester Arthur, to Lincoln, Chester Arthur 1810

PohalskI, Doris, to Powell, Doris 1820

PohalskI, Edgar Reginald, to Lincoln, Edgar Reginald 1820

PohalskI, Ester D., to Lincoln, Ester D 1819

PohalskI, Flora, to Powell, Flora 1819

PohalskI, Harry Percey, to Lincoln, HaiTy Percey 1819

PohalskI, Henr>'. to Powell, Henry 3819

PohalskI, Jesse O., to Powell, Jesse G 1819

PohalskI, Milton Jerome, to Powell, Milton Jerome 1826

PohalskI, Sidney S., to Powell, Sidney S 1819

Post. John G., to Lasher, John Post 1815

Purdy, Lillian Jane, to Neil, Lillian Purdy 1814

Pnsch. Bernhard. to Busch, Bemhard 1824

Rabbinowitz, Nathan, to Bobbins, Nathan 1811

Rabmowltz, Nathan, to Bernstein, Nathan 1809

Radzinsky, Israel, to Rogers, Israel 1824

Radzinsky, Meyer, to Rogers. Meyer 1824

Rashewsky, Jacob, to Rash. Jacob 1810

Ratkon;\'sky, Charles A., to Rogers, Charles A 1818

Reed and Braillard Company, to Reed, A. L., Co 1805

ReiUv, Ella Virginia, to White. Ella Virginia 1812

Reilly, William Francis, to White. William Francis 1812

Repelovskl. Ferdinand, to Repelow, Ferdinand 1808

Routlingshofer. Fred. Charles, to Reutllng. Fred. Charles 1822

RIndfleisch. Frederick W., to Schwanke, Frederick W 3822

Rochester Ballbearing Company, to Aubnrn Ball Bearing Com-
pany 1825

Rochimm-itz, Henry, to Rockmore, Henry 1818

Rogatzky, Joe. to Rogat, Joe 1808

Rogatzky. Louis, to Rogat. I^ouis 1808

Rosenberg, Martin A., to RosanofT. ^Mnrtin A 1808

Rosener. Henriette. to Roget. Henriette 1820

Ross Attachment and Machine Company to International Blind

Stitch Company 1807

Rubenstein. Samuel, to Knopf, Samuel. Junior • 1809

Sadofsky. Isaac, to Sandusky, Isaac 1811

Sanborn-Perris Map Company, Limited, to Sanboni Map Com-
pany 1807

Sandberg, Isaac, to Sand. Isaac 1809

Sarvis. James H.. to Sarvis, .Tamos W 1810

Sayovitz, Max, to Sayer, Max 1S12

'Schilansky, Moses L.. to Shill, Most'S L 1818

Schmutz, 'Chrlstiane. to Schmitz, Christlane 1818

Schmutz, .Jacob, to Schmitz .Jacob 1818

Schmutz, Paul, to Schmitz, Paul 1818

S4 INDEX.

ITames changed by court — Continued: Chap. Pajre.

Schowits, Max, to Shaw, Max 1S->r.

Rchwambaum, Thlllp. to Baum, Philip 1821

Rchwarz, Charles Carroll Fulton, to Fulton, Charles Carroll ISIO

Schwarz. Emily Fulton, to Fulton, Emily ISIO

Schwarz, Emma Fulton, to Fulton. Emma Ware l.**10

Sehweinixruber, Charles, to Steen, Charles 1S23

Roudder. Benjamin Heaton. to Soudder, Benjamin Harold ISl.s

Sepalowitz, Israel, to Slegel, Israel IHl 7

Seldeneck, Theobald Brumm, to von Seldenneck, Theobald IS IS

Selikowitch. Simon, to Seley, Simon 1S22

Sellers, William, to Wertheimer, William 1S21

Shachat Isaac, to Slutzky, Isaac 1-Sls

SliankrofT, Herman, to Shann. Herman 1S24

Shudanskl. Morris, to Shaw, Morris LSI 7

Smith. Philip J., to McCabe, Philip J. Smith ISIO

Smolewltz, Sam, to Small, Sam 1S0.S

Sokolowsky, Isldor, to Sokolow, Isidor 1 S2:?

Sokolowsky, Isldor, to Sokolow, Isldor 1 .S24

Spadone, Henry Eupene, to Spadone, Henry ISl 1

Stahl, Bernard & Company, to Erlich Manufacturing Co isrh"

Steel-Brussel Company to Steel Taylor Company isor,

Stein, Abraham, to Stein, Adolf ISlJi

•Strahlhelm, Casimir Ignace, to Stralem, Casimir Ignace isas

Strawzick, John Bonnie, to Strauss, John Bonnie 1821

Strawzick, Joseph, to Strauss, Joseph 1820

Sylresky. Jacob, to Sylvester, Jacob 1824

Tenzer, Moses, to Tenzer, Michael 1808

Thompson, Ernest Seton, to Seton, Ernest Thompson 1812

Tobler, Walter, to Volk, Walter 1810

Tumpovsky. Emanuel, to Thome, Emanuel 1818

Tzemakh, ISfoses. to Cooper, Moses T 180S

Ungrich, Florence E., to Ball, Florence E ISIO

TTsdezky, Isaac, to Osten, Isaac 1812

Van Beselaere, Octave Augusta Jean, to Van Brabant. Marins

Octave 1800

Vllinsky, Morris, to Wollln. Morris 1820

Warschawski, Samuel, to Warren, Samuel 181 1

Wartelsky. Solomon H., to Wartell, Solomon H 1820

^^' artovsky, Joseph, to Ward, Joseph 1810

Waspcrman, Martin T. P.. to Waterman, Martin T. C 181 S

Weinbaum, Bemhanl, to Rappaport. Bemhard V 1.S21

Weinstein, Emanuel, to Winston, Manuel 1811

West Side Church of Christ Scientist to Fourth Church of Christ

Scientist 180«

Widawsky, Louis, to Kaufman, Louis 1S20

Williams, Frank, to De Villiers. Francois IS-vs

Willinsky, Louis, to Weller. Louis 1S21

Willis. Philip, to Walzer, Philip isr^s

Wllliston, Henry Bain, to Wllliston. Christopher Lincoln 1S22

Wischnowskl, Joseph A., to Wisch. Joseph A 18(W»

Yesinsky, Mari, to Mezes, Marl 1S20

Yurisditzky, Jacob, to Yurdin, .Jacob 1810

Zavodnlkoff, Max, to Wald. Henry Max 1812

Zdroyefsky, Louis, to Strauss, Louis lS2t>

Zemachowitz, Jacob, to Swartz, Jacob ISis

Zetrlus, Eric, to Grape, Eric 1823

Zorn, August Dietrich, to Zorn, August Raymond 1823

National Casket Company:

payment ot claim of, appropriation for 694 1737

INDEX. 85

National Oommercial Bank, of Albany: Chap. Page,

reimbursement of, appropriation for 504 1718

National Guard:

adjutant-general, salary, appropriation for 593 1677

arsenals, armories, camp grounds and rifle ranges, repairs, ap-
propriation for 594 1721

assistant adjutant-general, salary, appropriation for 59.S 1<>78

expenses, appropriation for 595 1743

general expenses, appropriation for 59.3 1078

appropriation for 594 1720

pensions to members of, appropriation for 594 1720

postage and transportation of letters, appropriation for 598 1078

salaries and allowances, appropriation for 593 1()78

National Travelers' Insurance Company:

charter amended 492 1155

Naval Militia:

expenses, appropriation for 594 1721

appropriation for .-. 595 1743

Navigation law amended:

logs, timber, etc., condemnation to public use 613 1789

Newark Custodial Asylum:

maintenance and expenses, appropriation for 593 1689

Newburgh city:

authority to remove certain rails 602 1753

Newburgh city and town:

commissioners of the almshouse, relative to 65 246

Newfane:

Act for relief of, amended 7 6

New Bochelle city:

charter amended 288 &39

Newspapers:

general laws, publication of, appropriation for 13 17

New TTtrecht, former town of:

volunteer flre department, appropriation for 569 1362

New York Academy of Sciences:

corporate powers extended 181 473

New York Building and Improvement Company:

charter amended 525 1245

New York city:

nqut»duct commissioners, powers of, relative to 588 1622

Baldwin, Harry W., commissioner of deeds, official acts

legalized 99 345

Beer, Henry. Junior, examination and payment of claim of. . 514 122(5
board of estimate and apportionment, powers of, relative to,

charter amended 4.36 1068

Borough of Broolclyn, Atlantic avenue, improvement of, act

amended 452 1094

Borough of Bronx, building for hospital purposes, construction

of 585 1014

8C INDEX.

•

New York city — Continued: Chap. Page.
Boroujrh of Bronx, Enstchester, development company, state's

title to certain real property, released to ISS 481

Bowon. Mary, fire commissioner authorized to grant future pen-
sion to :i(>0 858

bridjre over Bronx river, construction of, relative to r»4:5 1296

charitable institutions, assessments for water reniitt<»d. act

amended 005 1758

charter of, amended 25(1 077

charter amended 407 1 1 73

charter amended ^>04 1755

city court, relative to, code of civil procedure amended 515 1227

College of the City of New York, acquisition of additional

ground for 404 1113

corporate stock, issue of, relative to. charter amended TA^i 1340

courts, Inferior, relative to, charter amended 5IK) 1023

Coyle, Charles, audit and payment of claim of 513 1225

department of taxes and assessments, charter amended 102 480

department of w^ater supply, gas and electricity, relative to,

charter amended 580 1023

docks and ferries, department of. relatiye to, charter amended. . (^) 1777
docks and ferries, department of, relative to, charter amended. . 611 1787
Emerson, Jay II., taking proof of claim and payment of, au-
thorized 477 1 129

Eureka Fire Hose Company, examination and payment of claim

of 571 1.3<r>

expenses of condemnation proceedings, charter amended 84 314

female probation officer, appointment of, relative to 382 982

fire department, jurisdiction of, over harbor fires, charter

amended 553 1320

relative to, charter amended 583 1008

Flatbush, volunteer fire department In former town of, appro-
priation for 5(«) 1302

Flatlands, volunteer fire department In former town of, appro-

prkition for .569 1302

Gamewell Fire Alarm Telegraph Company, examination and

payment of claims of 570 1303

Gravesend. assessment for paving Surf avenue, in, act amended . 565 1355
volunteer fire department in former town of, appropriation

for ,500 VM\2

Oumprecht, Morris, examination and audit of claim of 470 1131

law department, fees, relieved from paying, relative to .5."'.0 1315

McDonnell, Patrick J., examination and payment of claim of.. 480 1132

municipal court, commission to codify laws, act amended 130 401

municipal court, officers and marshaJs of. relative to 580 1486

New^ Utrecht, volunteer fire department in former town of, ap-
propriation for .5(^ 13<J2

New York Zoological Society, appropriation for 4-41 1077

charter amended 140 418

park board, jurisdiction of 4.'»3 101M5

pier accommodations, relative to, charter amended ,5ir» 1311

public school teachers* retirement fund, relative to, charter

amended .'i.'^O 121U)

real property, condemnation and acquisition of, relative to r»17 17JM

salaries, fixing of, charter amended 4:i5 uh»7

Schultes, Hugo, examination and audit of claim of 478 1 1.34)

Stewart, Alfred J., charges against, fire commissioner may re-
hear ; 554 1321

unpaid taxes, relative to 587 1619

Vacheron. Eugene F.. examination and audit of claim of 134 30l'»

water rents, relative to, charter amended 609 1219

INDEX. 87

New York City ChTirch Extension and Missionary Society of the

Methodist Episcopal Church: Chap. Page,

charter amended 248 659

Hew Tork county:

commission to inquire into the delays in the administration of

justice, appointment of 485 1130

Jurors, trial, selection of, relative to, code of civil procedure

amended 491 1152

jury fines, collection of, code of civil procedure amended 456 1104

sheriff, business hours in office of, relative to 401 1020

Kew York State Convention of TJniyersalists:

charter amended 898 1015

Kew York state fair commission:

appropriation for 430 1059

New York State Hospital for the Care of Crippled and Deformed
Children:
maintenance, appropriation for 593 1690

New York State Industrial School:

maintenance and repairs, appropriation for 593 1688

maintenance, appropriation for 594 1729

New York State Industrial School, Bochester:

improvements, appropriation for 594 1729

New York State Beformatory at Elmira:

improvements, appropriation for 426 1051

maintenance and repairs, appropriation for 593 1689

New York State Beformatory for Women at Bedford:

improvements, appropriation for 432 1062

New York State School for the Blind:

Improvements, reappropriations of unexpended balances 414 1038

New York State School for the Blind, Batavia:

improvements, appropriation for 429 1057

New York State Soldiers and Sailors' Home:

maintenance, appropriation for 593 1689

New York State Soldiers and Sailors' Home, Bath:

improvements, appropriation for 469 1119

New York State Woman's Belief Corps Home, Oxford:

improvements, appropriation for 433 1063

New York troops:

monument to memory of, in campaign of Vlcksburg, appropria-
tions for 419 1042

New York and Westchester Water Company:

real and other ijroperty. condemnation and acquisition of, by
New York city, relative to 617 1794

New York Zoological Society:

charter amended 146 418

New York aquarium, support of, appropriation for 441 1077

S8 INDEX.

•

Niagara Falls city: Chap. Pag*.

board of public works, powers of, relative to, charter amended . . 574 1472

charter amended 211 566

charter amended 545 1309

firemen's relief and pension fund, relative to, act amended. .. . 538 1281

Niagara reservation:

alterations and improvements, appropriation for 594 1726

commissioners, salaries and expenses, appropriation for 593 1693

Niagara river:

fishing in, game law amended 803 860

Nominations:

ceilificates of, places of filing 241 643

North Tonawanda city:

charter amended 70 253

Norwich village:

charter amended 307 864

David L. Follett memorial library, establishment and main-
tenance of 32 61

Notaries public:

acts of certain, confirmed 86 815

Notary public:

Gale, Albert H., acts of, legalized 152 425

Notices:

how given, general city law amended, relative to. • , • . . 858 939

OfflcerSy town:

compensation of, town law amended 320 882

reports of, relative to, town law amended 259 6W)

term of office of 10 15

to be elected at general elections, relative to 10 13

Ogdensburg city:

charter amended 592 1629

Oil Creek reservoir:

fishing in, game law amended 347 914

Olean city:

supreme court, holding of special terms in 274 815

Oneida city:

school buildings, erection of, authorized 403 1022

Oneida county:

taxes, enforcement and collection of, relative to 559 1329

Oneonta village:

j^rade crossings, trustees authorized to borrow money for 118 376

street surface railroads, charter amended 224 608

Onondaga county:

assistant district-attorneys, appointment of. etc 143 413

clerks, certain, in county clerk's office, relative to 516 1234

taxes in, collection of, act amended 100 346

INDEX. 89

Onondaga salt springs: Chap. Page,

salary of superintendent, appropriation for • 594 1736

Ontario county:

Ganandaigua, charter amended 264 686

sheriff, making office of, salaried 380 972

Ontario lake:

fishing in, game law amended 304 861

set lines, use of, in, game law amended 524 1245

Orange county:

public highways in, improvement of, act amended 164 448

Oriskany monument:

repairs of, appropriation for 124 383

Orleans county:

Albion, overseers of the poor, acts of, legalized • • 48 95

Medina, charter amended '. 278 818

refund of unexpended balance, relative to 348 915

Oswego city:

charter amended, purchase of water plant authorized 76 301

charter revised 207 549

Oswego county:

Fulton, charter of 63 124

Jury districts, act repealed 87 316

Oswego, charter amended, purchase of water plant authorized. . 76 301

Phoenix, cemetery, relative to 314 872

Oswego dam:

raising and completing, appropriation for 694 1732

Otsego county:

Oneonta. indebtedness, relative to 118 376

street surface railroads, charter amended 224 608

Otsquago creek:

bridge, construction of, over, appropriation for 468 1118

Overseers of the poor:

Albion, acts of, legalized 48 95

term of office of 10 15

to be elected at general elections, relative to 10 15

Owego Tillage:

charter amended 139 404

Parks:

Yonkers, Irving park, acquisition of additional lands for 459 1109

Park board :

New York city. Jurisdiction of 453 109«

Payne, Grace Parker:

widow of Elbert Payne, appropriation for • • 5M 173€

so INDEX.

Peekskill village: Ch«P- p«k*-

charter amended 25 28

charter amended 306 864

police department, establishment of 389 d91

Pelott, Charles:

labor and material, appropriation for 594 1722

Penal code amended:

advertisements to procure divorces, relative to 203 536

age of children charged with crime, relative to, § 699 103 355

automobiles or motor vehicles, speed of, relative to, § 666 266 688

convicts, sentencing of to state prisons, relative to, § 687a 282 832

crime of abduction, penalty for, § 282 83 313

crime, unsuccessful attempts to commit, time of imprisonment

for, § 686 116 374

criminal anarchy, relative to, |§ 468a, 468b, 468c, 468d, 468e 371 958

gunpowder, etc., manufacture of, relative to 486 1141

insolvent bank, receiving deposits in, relative to, § 601 148 420

water meters, etc., unlawful interference with, S 651a 333 895

Penalties:

violation of forest, fish and game law 299 857

Penitentiariee:

Albany county, managciiiCBt of, relative to 127 387

Perry, W. E.:

labor and material, appropriation for • 594 1722

Personal property:

unclaimed, sales of, insanity law amended 391 999

Personal property law amended:

trustees, relative to. ir)0 423

trust funds, investment of, relative to 295 852

Pharmacy:

state board of, public health law amended 218 587

Phoenix, John A.:

labor and material, appropriation for 594 1722

Phoenix village:

cemetery, relative to 314 872

Piers:

New York city, accommodations for boats and barges, charter
amended 546 1311

Plattsbnrgh city:

charter amended 2 2

charter of 2t;9 696

Plover:

close season for, game law amended Ill 366

Pomfret town:

board of education, powers of, act amended • 284 834

Poor law amended:

supervisor of a town authorized to accept conveyances 117 375

IKDEX 91

Portehester Tillag^e: Cbap. Page.

charter amended 219 589

wharf, public, to provide for 576 1475

Port of New York:

health officer, expenses, appropriation for 594 172(>

quarantine, repairing dock at, appropriation for 504 1720

Ports, Adam:

contract, appropriation for. 594 1721

Port wardens:

expenses, appropriation for • 593 1694

Ponghkeepsie city:

cJiarter amended 228 613

city court, acting city judge, designation and compensation of... 35 71

city Judge, appointment and salary of 35 64

clerk, appointment and salary of 35 65

created 35 64

jurisdiction of 35 66

rules of 35 73

constable, office of, abolished 35 73

justice of the peace and recorder, office of, abolished 35 73

justices court abolished 35 73

land, sale of, authorized 229 614

public school teachers' retirement fund created 227 611

Pratt's landing:

bridge over at Black river, appropriation for • 594 1730

Primary election law amended:

towns, enrollment of members of political parties, in 195 488

Prince Henry reception:

appropriation for 595 1740

Printing:

general laws, publication of, appropriation for 693 1681

legislative printing, appropriation for 593 1680

legislative printing, appropriation for 594 1722

legislative printing, appropriation for 595 1740

official canvass, appropriation for 593 1681

session laws, appropriation for • 593 1681

Prison commission:

clerical services, appropriation for 593 1679

commissioners of paroled prisoners, traveling expenses, appro-
priation for 594 1725

deficiency in traveling and office expenses, appropriation for. . . . 594 1724

office, and traveling exi>enses, appropriation for 593 1679

office expenses, appropriation for 594 1725

parole officers, expenses, appropriation for 594 1725

salaries, appropriation for 594 1725

president, salary of, appropriation for 593 1679

secretary, salary of, appropriation for 573 1679

Prisoners:

commitment of, code of criminal procedure amended 302 859

indexing and classifying of 244 647

parole of, from state prisons, etc 500 1186

92 INDEX.

PriBonSy state: Chap. Page.

apparatus for electrocntion, appropriation for 595 1743

board of classification, expenses, appropriation for 594 1725

clerical help, appropriation for 593 1679

Clinton, f umislilngs, appropriation for 594 1725

improTements, appropriation for 594 1725

instruction in, appropriation for 594 1724

parole of prisoners 500 1186

Sing Sing prison, Improvement of the cell hall, appropriation for 122 381
State Prison for Women, support and maintenance of, appro-
priation for 593 1080

superintendent of, office expenses, appropriation for 594 1725

traveling expenses, appropriation for 594 1725

superintendent, salary of, appropriation for 593 1070

support and maintenance of, appropriation for 593 107!>

traveling and office expenses, appropriation for 593 1080

Public buildings:

executive mansion, Improvements, appropriation for 594 1720

furniture, repairs, etc., appropriation for 593 1080

general furnishings, etc., appropriation for 594 1720

lighting and fixtures, appropriation for 593 1080

lighting and fixtures, appropriation for 594 1720

orderlies and employees, services, appropriation for 593 1(>8G

repairs, appropriation for 594 1729

secretary of trustees, compensation, appropriation for 594 1729

state hall. Janitor, salary, appropriation for 593 1686

Public buildings law amended:

state architect, duties of, relative to ••••»«• • 212 579

Public buildings, state:

trustees, powers and duties • •••••<•••• 277 817

Public buildings, superintendent of:

deputy and clerics, salaries, appropriation for 593 IC^O

postage and transportation, appropriation for 593 1086

superintendent, salary, appropiiatlon for ••••• 593 1686

Public health law amended:

dentistry, practice of. relative to 210 505

local boards of health, relative to 839 902

medical students, regents may admit to examinations, certain. . 243 040

pharmacy, relative to • 218 587

Public improvements:

liens, discharge of 37 70

liens under contract for 37 74

mechanics' liens on, notice of 37 75

Public instruction:

academies, adoption of 325 8S7

act to revise, etc., amended 310 877

act to revise, etc., amended 393 1001

Public instruction, department of:

Arbor day, observance of, appropriation for 593 1644

bureau of institutes, supervisor, conductor, etc., of, salaries,

appropriation for 593 1047

bureau of school libraries, salaries, appropriation for 593 1040

cities, second class, relative to 560 1.341

clerks and employees, appropriation for 593 1644

INDEX 93

Fablio ilittnictloay department of — Continued: Chap. Page.

common schools, support of, appropriation for 593 1(>45

compulsory education, carrying out provisions, appropriation for 593 1645
county treasurers, payment of fees for, disbursing state school

tax, appropriation for 594 1710

deputies, salaries of, appropriation for 593 1(544

examination department, salaries and expenses 583 1649

grade examinations, appropriation for 594 1710

Huggins, Dr. W. Q., services, appropriation for 594 1710

Indian education, appropriation for 593 1650

Indian schools and schoolhouses, appropriation for 594 1710

Indian schools, support of, appropriation for 593 1650

Indian youth, in normal schools, appropriation for 594 1711

law department, salaries, appropriation for 593 1645

natural history, instruction in schools, appropriation for 593 1649

normal and training schools, support and maintenance, appro-
priation for 693 1647

normal schools, repairs and improvements, appropriation for. . . • 694 1709

office expenses, appropriation for 593 1644

postage and transportation, appropriation for 593 1644

postage and transportation, appropriation for 594 1710

school commissioners, salaries 316 877

: salaries of, appropriation for 593 1647

school registers, printing and binding, appropriation for 593 1648

summer institutes, maintenance of, appropriation for 593 1647

superintendent, office and traveling expenses, appropriation for. . 594 1710

salary of, appropriation for 593 1644

state school library, appropriation for 594 1711

state school tax, fees for disbursing, appropriation for. • • 594 1710

teachers' classes, appropriation for 593 1648

teachers^ institutes, maintenance of, appropriation for 593 1647

teachers' training classes, appropriation for 594 1710

union school districts, apportionment of, appropriation for. • • • • • 593 1640

Public lands law amended:

state mines, relative to • 603 1102

Public officers law amended:

removals by the governor, relative to • • 91 320

Public roadsy see Highways.

Public school teachers' retirement fund;

New York city, charter amended • •••• 880 1260

Public works:

Black creek, removing obstructions from, appropriation for 694 1730

labor on, employment of, labor law amended • *. • • 454 1098

Public works, superintendent of:

agent in canal claimR, services and disbursements, approprla*

tion for 594 17?0

assistant superintendents, wilaries. appropriation for 593 168 1

Beaver river, repairs and maintaining dam on, appropriation for 594 1731
Buflfalo, bridge over Black Rock harbor at Ferry street, con-
struction of. aiyi>ropriation for 594 1733

Cannndaigua lake, deepening harbor and channel and entrance

to. appropriation for 594 1730

Carthage, bridge over Black river at, improvements, appropria*

tion for 594 1733

Cassadaga lakes, dredging outlet of, appropriation for 594 17:^0

Cattaraugus creek, repairing bridge over, appropriation for 594 1731

94 INDEX.

Public works, superintendent of — Continued: Chap. Page.

clerk hire, appropriation for 593 l(iH4

clerks, etc., eastern division, approiM*iatlon for 5d3 1()H4

middle diyision, appropriation for 593 1()84

western division, appropriation for 593 ltiH4

Drake's drawbridge, operation and maintenance, appropriation

for 594 1731

p]rie basin, Buffalo, deepening and Improving, appropriation for. 595 1741

FuUamtown bridge^^ erection of, appropriation for 594 17H1

gate tenders, for state dams, appropriation for 593 1^>85

lock tending, expenses of, appropriation for 593 litHo

Minneceiugo creek, drawbridge over, appropriation for 593 1U85

Pratt's Landing, bridge over Black river at, appropriation for. .. 594 17:^0

Rochester, hoist bridge at, removal of, appropriation for 594 1731

Rome, bridge over Erie canal at South James street, construc-
tion of, appropriation for 614 1700

section superintendents, salaries, appropriation for 593 KiSlj

state dams, raising and completing, appropriation for 594 1732

statisticians, collectors, etc., salaries, appropriation for 593 l(>s.i

superintendent salary of, appropriation for 593 lii84

Syracuse, bridge over Oswego canal at James street, construc-
tion of, appropriation for 694 1731

traveling expenses, appropriation for 593 1084

Washington and Cemetery creeks, Geneva, conducting waters

of, appropriation for 594 1732

Weedsport, bridges at, repairing, appropriation for 594 1730

Purchasing agent:

Monroe county, relative to • 809 867

Quarantine:

commissioners, deficiency In salaries and maintenance, appro-
priation for 504 1725

commissioners, salary of, appropriation for 593 1«IH1

Hoffman island^ repairs, appropriation for 594 1726

salaries and expenses at, appropriation for 593 1(>S1

maintenance and repairs, appropriation for 593 ItW'j

officers and employees, salaries, appropriation for 593 Itisi

port of New York, health officer, expenses, appropriation 504 1726

Swinburne island, salaries at, appropriation for 593 1681

Queens county:

Interpreters, relative to 319 881

Long Island City, Newtown, Flushing, Jamaica, Hempstead,

towns of, unpaid taxes, relative to 587 1619

Bacing associations:

incorporation of, act amended 257 678

moneys collected and due from, appropriated • 123 382

Bailroads:

foreign countries, in, relative to, railroad law amended 225 609

street surface, relative to, railroad law amended 226 610

Ballroad commissioners:

clerical force, salaries, appropriation for 603 1682

commissioners, salaries and expenses, appropriation for 593 16S2

electrical experts and books, appropriation for 593 1682

grade crossings, appropriation for 594 1 727

expenses of, appropriation for 593 1683

INDEX ^ ' 95f,

Bailroad eommisaioners — ContinTied: Chap. Pa««.

office ex];)eDseB, appropriation for • 593 1682

railroad litigaticHi, approfxriation for 593 1682

reports, printing and binding, a^roprlation for 593 1682

traTeling expenses, appiropriatlon for • 593 1682

traveling expenses, appropriation for 594 1727

Bailroad companies:

commencement of constructioo and completion, act extending,
amended 487 1142

Davenport, Mlddleburgh and Durham Railroad Company, com-
mencement of construction and completion, act extending
amended 141 408

elevated railroad stations, relative to 373 961

rapid transit railways, in certain cities, act to provide for,
amended 533 1269

rapid transit railways, in certain cities, act to provide for,
amended 542 1293

rapid transit railways, in certain cities, act to provide for,
amended 544 1299

rapid transit railways, in certain cities, act to provide for,

amended 584 1610

Schenectady Street Railway Company, authority to supply light,
heat and power 483 1137

street, crossing canals, canal law amended, relative to 340 903

Bailroad law amended:

baggage, checks for, relative to 888 990

bridges, repair and maintenance of, relative to 140 407

elevated railroad stations, recommendations of board, when

repairs are necessary 373 961

grade crossings, loans by municipalities for constructing, rela-
tive to 198 501

mortgages, relative to 504 1193

railroads in foreign countries, relative to 225 609

road, extensions of time to construct, relative to 209 564

street surface railroads, relative to 226 610

Bapld transit railways:

in cities over one million, act to provide for, amended... 633 126d

act to provide for, amended 542 1293

act to provide for amended 544 1299

Beal property:

lien or charge of a judgment upon, code of civil procedure

amended 318 880

sale of, relative to, code of civil procedure amended 138 403

situated in two or more tax districts, taxation of • 200 504

Beal property law amended:

trustees, relative to • 151 424

Becelvers:

banltrupt corporations, transfer of securities to 162 444

commissions of, code of dvil procedure amended 404 102a

monied corporations, act relative to 60 lia

Bed Hook town:

establishing and defining boundary line • 1830

Beformatorles:

Eastern Reformatory, Improvements, appropriation of 594 1725

New York State Reformatory for Women, appropriation for.... 593 1688
State Reformatory for Women, Bedford, maintenance, appro-
priation for 594 172S

96 INDEX.

Befonuatory instlttitlonst Chap. Page,

support of inmates, payments for, act amended 155 435

Iteli^ouB corporations:

Incorporation and goTemment of, act amended 97 331

Eeli^ous corporations law amended:

Presbyterian churches, incorporation and government of 97 331

real property of religious corporations, sale, mortgage and lease

of 208 662

Roman Catholic parish, division of, disposition of property 365 952

Removals:

officers appointed by the governor, relative to. • • • 91 820

Bensselaer city:

asseHsments, collection of certain, charter amended 446 1085

charter amended • 92 320

Bensselaer county:

squirrels, black and gray, special close season for 161 444

Bepealing acts:

Black Rock harbor, surplus waters, relative to 238 639

Granville, additional justices, relative to 128 389

I>ake Ghamplain, fishing iu 190 484

Mad river, for improvement of 24 28

Oswego county, jury districts, relative to 87 310

Balmon riirer, for improvement of 24 28

state fair, relative to 31 <H>

treatment of animals, in relation to 61 117

Waterf ord, public improvement commission, relative to 85 315

Beporter, misoeHaneous, see Miscellaneous Reporter,

Sevised statutes amended;

prisoners, parole of ••• 800 1186

Bichmond county:

clerk to procure certain map, authority for 132 397

Bifle ranges:

repairs and Improvements, appropriation for • • 594 1721

Biver View Cemetery Association of Clintonville:

incorporation and acts of, legalized 216 585

Bochester city:

high school building, erection of, issue of bonds for, act amended 535 1278

hoist bridge, removal of, appropriation for 594 1731

parks, relative to, act amended 531 12(^i

rewards, etc., for conviction of i)ersons guilty of crime 540 121)2

water supply, sanitary protection of, acts as to, amended 187 48 >

water works bonds, issue of bonds to pay for 556 1323>

Boman Catholic parish:

division of, disposition of property, religious corporations law
amended 365 952

INDEX 97

Borne city: Chap. Page,
bridge over Erie canal at South James street, constrnctlon of,

appropriation for i 614 1790

charter amended 250 662

street improvements, Issue of bonds for 854 940

tax, for Improvement of highways, streets and bridges, relative

to, charter amended 657 1324

Borne State Custodial Asylum:

deficiency In maintenance, appropriation for • 594 1728

improvements, appropriation for •••• 427 1053

maintenance, appropriation for •-» 593 1689

Boss & Snyder:

lumber, appropriation for • •• 594 1735

Bules :

city court, Poughkeepsle •• • •^••••« 86 78

Bye town:

electric railway, construction of, on certain streets, prohibited. • 518 1236

Saint John's Church of the City of Albany:

property, certain, exempt from liens, etc., relative to • 641 1292*

St. Lawrence county:

boundary line, establishment of, appropriation for 478 1125

common schools, uniform tax for maintenance of, relative to. ..» 502 1188

Canton, free public library, establishment and maintenance of. • 95 829

Saint Vincent de Paul:

conveyance validated and confirmed • • •••• 90 819

Salaries:

fixing of. New York city charter amended. ••••••••»•» •••» 486 1067

Salmon river:

for Improvement of , act relating to, repealed •• • 24 28-

Sand: ^

sale of, Indian law amended •• ••» 829 891

Sandy Hill villagre:

real property, sale of certain, relative to « 456 1100

Saratoga county:

asi«istant district attorney shall act as counsel to board of super*

visors 6 6

assistant district attorney, salary of - 6 6

district attorney, may appoint an assistant 6 5

Mechanlcvllle, charter amended 273 812

Saratoga Springs, charter amended 400 1019

Waterford, public Improvement commission, act repealed 85 815

Waterford, Saratoga avenue, contract for sprinkling, filing of

Itemized statement relative to 41 82

Waterford water commission, north side, filing of Itemized state-

ment, relative to 40 81

north side to purchase lands, filing of Itemized statement,
relative to ,, 42 88:

98 INDEX.

Saratoga monument; Chap. Page,

salary of Janitor, appropriation for • 593 1694

Saratoga Springy village:

board of education, authorized to borrow money, relative to. .. • 14 17

fiewer, water and street commissioners, appointment of 506 1196

trustees to issue bonds, cliarter amended 400 1019

Schenectady city:

charter amended 204 537

grade crossings, certain, relative to 376 968

high school purposes, issue of bonds for 58 111

sewers, construction of, issue of bonds for, act amended 383 983

water commissioners, number and term of, relative to 578 1482

Schenectady county:

county judge and surrogate, salaries of, relative to, county law

amended 2.%5 676

Glenville, school act amended 377 968

Schenectady Street Bailway Company:

authority to supply light, heat and power • 483 1137

Schoharie connty:

Richmondville, issue and sale of bonds, legalized • 11 15

Schoharie and Schenectady Counties Farmers' Mutual Fire Insur-
ance Association:
charter amended ••••••••••••• • 154 434

Schools:

Greenburgh, union free school district No. 4, organization and

existence of, legalized 34 63

Groton, union school district No. 8, issue of bonds by 137 402

Guilderland, union free school, proceedings of special district

meetings and board of education, legalized 1 1

Hichmondville, union free school, action of special school meet-
ing and board of education legalized 11 15

St. I^awrence county, uniform tax for maintenance of, relative to 602 1189

Tonawanda, district No. 6, new issue of bonds authorized 69 252

Westfleld, bonds of school district No. 1 declared valid obliga-
itions • 79 300

School commissioners:

salaries, relative to 816 877

School commissioner districts:

Albany county, boundaries of • 561 1344

Schultes, Hugo:

claim against New York city, examination and audit of.. 478 1130

Schuyler county:

Montour Falls, charter amended ..•••• 110 365

sheriff, compensation of, relative to 8 8

Scott, W. L.:

appropriation for •«• • • 594 1704

Scott, Warren L.:

labor and material, appropriation for • 594 1722

INDEX 99

Sealer, dty: Chap. Page,

cities of second class, relative to • 328 890

Secretary of state:

change of hospital districts, report of commission in lunacy, to

be filed with 26 32

challenge affidavits, printing and furnishing, appropriation for. 594 1701

clerks, salaries, appropriation for 593 1636

concurrent resolutions, publication of 182 475

deputy, expenses, appropriation for 594 1702

deputy, salary, appropriation for 593 1636

election laws, compilation and delivery of, appropriation for. . . 594 1701

expenses, appropriation for 504 1702

Index of land grants, etc., appropriation for 504 1701

index, new, appropriation for 594 1702

Jewish Theological Seminary of America, consolidation agree-
ment, to be filed in office of 56 108

merger of corporations, certificate of, to be filed in office of . . . . 98 344
oath of office, superintendent and steward of hospitals, to be

filed with 26 45

office expenses, appropriation for 598 16.36

postage and transportation, appropriation for 593 1636

River View Cemetery Association of Clintonville, certificate of

Incorporation, to be filed in office of 216 585

salary, appropriation for 59.S 1636

session laws, publication of 182 475

United Presbyterian Synod of New York, supplemental articles

of incorporation, authority to file 160 443

Senate House:

Kingston, salary of keeper, appropriation for 593 1694

Kingston, repairs and maintenance, appropriation for 594 1736

Seneca lake:

fishing in, game law amended 82 313

Session laws:

distribution of, legislative law amended 293 847

publication of, relative to • 182 475

Set-lines:

use of, in certain waters • ^.. 213 580

ShawanfTunk town:

WallklU fire district, issue of bonds for 276 816

Sheep:

taxes, to pay orders for, killed 38 78

Sheriff:

Broome county, making office of, salaried 51 98

Chautauqua county, services and expenses, appropriation for. . 594 17:^6

Erie county, making office salaried, act amended 345 010

Franklin county, making office of, salaried • 29 54

Kings county, business hours in office of, relative to 401 1020

Monroe county, office of, made salaried 490 1148

New York countj'. business hours in office of, relative to 401 1020

Ontario county, making office of, salaried 380 972

Schuyler county, additional fees, authorized 8 11

fixing compensation of, relative to 8 8

Suffolk county, office of, made salaried 131 392

Sullivan county, making office of, salaried 215 583

100 INDEX

Sheriffs; Chap. Pajre.

bicycles on sldepaths, powers of • •• •> •v«<«^ H05 8<>3

transportation of conyict8, appropriation for ••••^•« • C»l^ 1<>^

Shellfish:

non-residents taking, game law amended. •• •••••• 3.^2 894

taking of, game law amended •••'• ••••••••«••• 2G7 GSO

Sickles ft Nutting:

merchandise, appropriation for ••••»••••• 594 17:VI

Sidepaths:

bicycles, construction of, act amended •••• 805 863

sheriff, deputy, powers of, act amended ••••••^« 805 863

Skaneateles lake:

set lines, use of, in, game law amended ••••^••« 624 1245

Snyder, J. J.:

supplies, appropriation for • 694 1734

Society for the Beformation of Juvenile Delinquents;

improyements, appropriation for ••• 424 1047

maintenance, appropriation for •••• •• 593 16S8

-Southampton town:

election, term and compensation of trustees, relatiye to • 133 308

Si>eaker of the assembly:

stenographic and clerical services, appropriation for 595 1741

Special county Judgre:

Chautauqua county, relative to 884 9RI

Special county Judges:

duties of, relative to • • »•• •••••••• 887 989

Stallions:

liens for service of, lien law amended ••••••••••• • 851 919

State architect:

duties of, public buildings law amended •• 212 579

State charities law amended:

fiscal supervisor, office of, created ••••» •• • 252 665

State College of Forestry:

Cornell University, appropriation for 693 1692

State commissions:

see specific subjects, e. g. Lunacy, commission in.

State eonunission for the promotion of uniformity of legislation:

expenses, appropriation for 594 1735

State Custodial Asylum for Peeble-Minded Women, Newark:

improvements, appropriation for 428 1055

State electrical laboratory commission:

appointment of and appropriation for • 605 1744

INDEi 101

state engineer and surveyor: Cb«p. Page.

public highways, ImproTenoent of, appropriation for • • 595 1744

See Engineer and Surveyor, State.

State fair:

agricultural law, relative to, repealed 81 ^

time of holding, agricultural law amended 263 684

State fair commission:

premiums, appropriation for payment of ••••• 504 1733

State finance law:

education fund, relative to • 28 53

State finance law amended:

comptroller, acceptance of trusts by 59 112

loans, temporary and revenue bonds, relative to 866 953

State hospitals:

Dannemora hospital, transfer of insane convicts te, appropria-
tion for 594 1725

Dannemora hospital for insane convicts, appropriation for .... 593 1680

Dannemora state hospital, furnishings, appropriation for 594 1723

employees of, appropriation for 594 1719

Ifong Island state hospital, relative to, Insanity law amended. . 599 1747

Matteawan hospital for insane criminals, appropriation for.... 593 1680

Matteawan state hospital, Improvements, appropriation for. . . . 594 1723

Manhattan state hospital, relative to, insanity law amended.. 599 1747

Willard, appropriation for clergymen • 594 1718

State hospitals for the insane:

repairs and improvements, appropriatlOD for • 418 1042

State Industrial School:

site, selection of lands for ••••••••••• 627 1247

State mines:

public lands law amended, relative to ••»«•••••••••••• 603 1192

State prisons:

prisoners, indexing and classifying of ••• • 244 647

State rei)orter:

salary and office expenses, appropriation for • •• 693 1631

State reserration, see Niagara reservation.

State School Library:

appropriation for • •••••••••••••• 594 1711

State superintendent of elections:

salaries and expenses, appropriation for •••••••••• 593 1683

State taxes:

canal fund ••••• ••• •... 615 1790

payment of, relative to ••••«•••»• 378 970

State Veterinary College:

Cornell University, appropriation for •• 693 1692

Stationery:

public offices, appropriation for 593 IWl

102 INDEX.

Statutory constraction law amended: Chop. I'age.

public holidays, relative to 39 80

Statutory revision commission: .

appropriation for 12 16

Steam vessels, inspectors of:

salaries and expenses, appropriation for 5d3 16S6

Steuben county:

Gauisteo, bonds, issue of, authorized 202 535

HomellBville, county courts, holding of, in 119 378

Stenogrraphers :

appointment of, by comptroller 496 1169

duties of, § 83, code of civil procedure, amended 106 359

New York and Kings counties, relative to, code of civil pro-
cedure amended 265 687

supreme court, salaries, appropriation for 593 1634

second judicial district, salaries, appropriation for 593 1633

Stewart, Alfred J.:

fire commissioner, New York city, may rehear charges against.. 554 1321

Stock corporation law amended:

guarantees by stock corporations, relative to 601 1751

insurance corporations, reduction of capital stock of, relative to. 286 836

merger of corporations, relative to 98 344

reorganization upon sale of corpoi*ate property and franchises,

relative to 80 310

Sturgeon:

required length of, game law amended • 361 948

Suffolk county:

Long Island state park commissioners, appointment of 260 681

sheriff, office of, made salaried 131 392

Southampton, election, terms and compensation of town trus-
tees, relative to 133 398

Sugar beet culture:

distribution of moneys for, agricultural law amended 240 642

Sullivan county:

sheriff, making office of, salaried 215 583

Superintendent of banks:

deputies, clerks and examlnei's, relative to • 54 105

Superintendent of the x>oor:

Albany county, authority to hear and determine alleged claim,
etc 870 958

Superintendent of public works, see Public Works, Superintendent of.

Supervisor, fiscal:

office of, created, state charities law amended 252 665

Supervisors:

Chemung county, certain acts legalized 220 595

Dutchess county, erection of a new county house, proceedings of

board legalized 1G5 449

term of office of Id 15

to be elected at general elections, relative to 10 15

Westchester county, making office of, salaried 342 906

INDEX 103

Supreme court: Cbap. Page,
appellate division, second department, deputy clerks and attend-
ants, compensation, appropriation for 503 1633

appellate diyisions, expenses, appropriation for 593 J035

confidential clerks of Justices, appropriation for 593 I<>34

designated to appellate division, second department^ appro-
priation for 594 1698

confidential attendants of Justices, designated to appellate divi-
sion, appointment of 597 1745

justices, assigned to appellate division, expenses, appropriation

for 593 1633

assigned to appellate divisions, expenses, appropriation for. 594 1699
designated to appellate division, second department, com-
pensation of, appropriation for 594 1698

expenses of certain, appropriation for 593 1634

of appellate division, second department, compensation of,

appropriation for 593 1633

salaries and expenses, appropriation for 593 1633

serving as associate Judges of court of appeals, compensa-
tion of clerks of 593 1631

salaries and expenses, appropriation for 593 1631

second judicial district, residing in Kings county, additional

compensation, appropriation for 593 1633

second district, not residing in Kings county, compensation,

appropriation for 594 1698

trial, traveling and other expenses, appropriation for 594 1699

library, appellate division, first department, appropriation for. . 593 1632

appellate division, second department, appropriation for. . . . 593 1632

third department, appropriation for 593 1632

fourth department, appropriation for 593 1632

appropriation for 594 1699

eighth judicial district, appropriation for 593 1633

appropriation for 594 1700

at Delhi, salary of librarian, relative to 16 19

reports of, supplying to other states, appropriation for 593 1694

stenographers, appropriation for 593 1634

second judicial district, appropriation for 593 1633

Surrogates:

Schenectady county, salary of, relative to, county law amended. 255 676

Surrogate and surrogate's court:

fees of, appropriation for • 594 1705

Swinburne islaud:

salaries at, appropriation for 593 1681

Switzerland Marine Insurance Company, of Zurich, Switzerland:

appropriation for 594 1705

Syracuse city:

bridge over Oswego canal at James street, construction of,

appropriation for 594 1731

bridge over Oswego canal at North Salina street, construction

of, appropriation for 471 1123

charter amended 3S0 917

commission to determine deficiencies, created 170 455

Myrtie Hill cemetery, relative to 163 446

X>ark purposes, use of unexpended balance authorized 186 479

police pension fund, relative to, act amended 537 1280

Onondaga creek, improvement of, issue of bonds for 444 1081

Bchoolhouses, erection of, issue of bonds for. 443 1079

Totlng machines, relative to 451 1093

104 INDEX.

Syracuse Hospital for Women and Children: Chap. Page.

reincorporation of •••••••• 104 S56

Syracuse State Institution for Feeble-Minded Children:

improvem!>nts, appropriation for • •• • 410 1035

maintenance, appropriation for 593 1689

salary of teachers, and appliances, appropriation for 594 1728

Taxable transfers:

liabilities of certain corporations to tax ••• ••• 101 351

Tax commission, state:

clerical force, salaries, appropriation for • 593 1687

commissioners, salaries, appropriation for 593 1687

experts, services and expenses, appropriation for 593 1687

office expenses, appropriation for 593 1687

special agents, salaries and expenses, appropriation for 593 1687

Taxes:

for sheep or Angora goats killed, payment of orders for • 88 78

Guilderland, how levied and collected 1 2

highway, penalties for neglect to pay, highway law amended... 242 645

Oneida county, enforcement and collection of, relative to 559 1329

Onondaga county, collection of, act amended 100 346

refund of, appropriation for 593 1693

state, payment of, relative to 378 070

Tax law amended:

appraisers, apiiointment of 496 1169

assessment, time of making, relative to 324 886

banks and banking associations, taxation of stockholders of..., 126 384

comptroller's deed, application therefor 344 90S

Dutchess county, transfer tax clerk, appointment of 283 833

' lands, sale of. for unpaid taxes 171 457

taxable transfers of property, liabilities of certain corporations

to tax 101 851

real property, taxation of 200 504

special franchises, taxation of, as real property 112 367

' stenographers, appointment of 496 1169

trust companies, taxation of 172 461

Teachers:

Poughkeepsle, public school, retirement fund created 227 611

Telegraph operators:

jury duty, exemption from, code of dvll procedure amended. ••• 291 SiS

Tenement-houses :

in cities of first class, act reiatiTO to, amended • ••••• 852 920

Tenement-house law amended:

BufTalo, application as to ••••••••••• 548 1314

The Inebriates' Home for New York city:

charter of «• •••••••••• •••• 397 1013

Thomas Asylum for Orphan and Destitate Indian Children:

Improvements, appropriation for 470 1121

maintenance, appropriation for ••«^*«« 593 168(^

Thomas, John B.:

services, appropriation for 604 1706

INDEX. 105

Timber: Chap. Page,

condemnation to public use, navigation law amended 613 1789

Tioga county:

Owego, charter amended 139 404

Tip-ui>8 and set-lines:

use of, in certain waters 213 580

Tompkins, George A.:

labor and materials, appropriation for 594 1722

Tonawanda:

school district No. 6, new issue of bonds authorized GO 252

Tonawanda Indian reservation:

poles and wires, erection of, Indian law amended 296 853

Town clerks:

certificates of nominations, filing with 10 13

distribution of ballots, relative to 10 13

term of office of 10 15

to be elected at general elections, relative to 10 15

Town law amended:

officers, compensation of. relative to 320 882

reports of, relative to 259 680

Town meetings:

ballots for. election law amended 405 1024

, date of holding, relative to 10 13

held at times of general elections, relative to 10 13

holding of, in certain counties of the state 239 639

Town officers:

compensation of, town law amended 820 882

Towns, general laws affecting:

local boards of health, relative to 3.^0 002

political parties, enrollment of members of 195 488

poor law amended, authorizing supervisors to accept con-
veyances 117 375

road rollers, purchase of, by 129 3«9

soldiers' plot in cemeteries, town bonds may provide 206 546

Towns, miscellaneous:

Ausable, selection of certain lands as part of Adirondack park,

authorized ISO 482

bridges, between cities and, construction of 301 858

bridges, liability for construction and care of, highway law

amended 321 883

Canton, free public library, establishment and maintenance of . . 95 329

Chatham, agreement as to public library 20 22

Chesterfield, selection of certain lands, as a part of Adirondack

park, authorized 189 482

Denmark, repairs to Castorland dyke, appropriation for 474 1126

Ghent, agreement as to public library 20 22

Glenvllle, school act amended 377 969

Granville, additional justices, act relating to, repealed 128 389

Groton, union school district No. 8, issue of bonds by 137 402

Hempstead, board of audit to hear and audit claims 508 1219

J — proceedings of special district meeting legalized 322 884

106 INDEX

Towns, miscellaneous — Continued: CbAp. Page.

highways, discontinuance of certain 831 893

Inlet, new town erected 1829

Leicester, burying-ground, enlargement of, and purchase of ad-
ditional land for, authorized 230 615

Lewiston, act for relief of, amended 7 6

Milan, establishing and defining boundary line 1830

Morehouse, division of 182$> i

Mount Pleasant, establishment of union free school district

legalized 309 1018^

Newburgh, commissioners of the almshouse, relative to 65 24(> ,

Newfane, act for relief of, amended 7 (I

North East, fishing through ice, game law amended 292 84(> i

Pom fret, board of education, powers of, relative to 284 834

Bed Hook, establishing and defining boundary line 1830^

Richmondville, issue and sale of bonds legalized 11 15

Rye, electric railway, construction of on certain streets pro-
hibited 518 123<^

St. Lawrence county, common schools, uniform tax for main-
tenance of, relative to 502 llfll>

Shawangunk Wallkill fire district, issue of bonds for 276 81^

Southampton, election, term and compensation of trustees,

relative to 133 39.*^

Tonawanda, school district No. 6, Issue of new bonds by 69 232"

Wilna, election districts. Increase of, relative to 308 8&>

Wilson, act for relief of, amended 7 6:

York, certain land released to Mary Chapman and Charles

Weldon 505 1195

Transfer tax clerk:

Dutchess county, appointment of 283 83$

Transportation corporations law amended:

gas and electric light companies, incorporation of, relative to. • 596 174^

Treasurer, city:

Ajiburn, authorized to transfer money 49 9(t

Buffalo, charter amended as to 23 27

Treasurer, county:

Erie county, duties of, relative to code of civil procedure

amended 575 147^

Treasurer, state:

clerks and messengers, appropriation for 593 164 T

deputy, salary, appropriation for 593 164T

office expenses, appropriation for 593 164T

postage and transportation, appropriation for 593 164t

salary of, appropriation for 593 1641

Trees:

fruit, to prevent disease in, agricultural law amended, relative to. 27 40

Tripp, Mortimer A.:

claim for animals killed, appropriation for 594 1733-

Trippensee Brothers:

claim for animals killed, appropriation for 594 1734

INDEX 10

Troy city: Chnp. rase.

driveway, public, power to establish 315 873

Mount Magrdalen School of Industi-y and Reformatory of the

Good Shepherd, relative to 603 1754

public school building, construction of, issue of bonds for 442 1078

Trust companies:

appointment of, as guardians, etc., act relative to, amended 300 940

taxation of, tax law amended 172 401

Trustees:

Hamilton College, powers of, etc 320 888

relative to, personal property law amended 150 423

real property law amended 151 424

Trustees of public buildings:

powers and duties, as to 277 817

Trustees of scenic and historic places and objects:

charter amended 501 1188

Trust funds:

investment of, relative to, personal property law amended 295 852

"Ulster county:

Shawangunk, WallklU Are district. Issue of bonds for 276 816

TXnion Marine Insurance Company of Liverpool, England:

appropriation for 594 1706

TXnion Transfer and Storage Company:

horses killed, appropriation for 594 1735

United German and French Boman Catholic Cemetery Association
of the City of Buffalo:
acts of, legalized 362 949

TXnited Presbyterian Synod of New York:

acts of corporation, legalized 160 443

United States:

lands ceded to, description of , 1826

lands ceded to 1826

lands ceded to 363 950

Ward's island, consent to the acquisition of lands on, to 386 987

Universities:

Alfred University, maintenance, appropriation for 594 1728

state school of clay worliings, maintenance, appropriation

for 593 1692

Cornell University, appropriations for 593 1692

University of State of New York:

aondemies. dividends to, appropriation for 593 1651

administrative department, expenses, appropriation for 593 1657

salaries and expenses, appropriation for 593 1650

balances unexpended, reapproprlatlon of 593 1658

building, care and cleaning of, etc., appropriation for 593 1651

certified public accountants, expenses, appropriation for 593 1657

college and hif^h school departments, salaries and expenses, ap-
propriation for 593 1652

108 INDEX.

University of State of New York — Continued: Ch«p. Pog«.
grants for benefit of schools of academic grade, ai>propr1atIon

for , 593 I*:.'!?

grants for benefits of schools, appropriation for 6J)3 l(ir>2

grants of public library moneys, appropriation for 593 Ki.'H

borne education department, salaries and compensation, appro-
priation for 593 ir,ri3

Inspectors, salaries of, appropriation for 503 l<;r>2

library school, salaries and expenses, appropriation for 593 1(157

medical examiners, board of, clerical force, salaHes and expenses,

appropriation for 593 3«r>7

expenses of, appropriation for 593 IfM?

postage and transportation, appropriation for 593 Itull

repairs to library elevator, appropriation for 594 1711

state dental examiners, expenses of, appropriation for 593 l<5r)7

state library, expenses, appropriation for 51S ItJTS

salaries and expenses, appropriation for 593 HirA

state medical library, expenses, appropriation for 593 H>r>5

state museum, expenses, appropriation for 593 ItifiS

salaries and expenses, appropriation for 593 lt;r»,l

veterinary medical examiners, expenses of, appropriation for. . , 593 10o7

TTniversity law amended:

public and free librai'ies, establishment and support of 185 473

TTtica city:

Ijoard of police and fire commissioners, act amende<l 199 502

comniissiouers for changing channel of Mohawli river, relative

to 681 1005

deputy treasurer, office of, established 4t50 1110

fire limits, relative to, charter amended 465 1115

loans, relative to, charter revised 149 421

police and fire conuuissionors, board of, authority to borrow

money for use of 558 1328

public jMirk, issue of bonds for 157 4:W

surplus earth, materials, etc., sale of, relative to 307 055

Vacheron, Eugene F.:

act for relief of 134 399

Veal:

slau filtering, sale and transportation of, agricultural law

amende<l, relative to 30 59

Vedder, Daniel G.:

legal expenses, appropriation for 595 1740

Veterans:

civil service law amended, relative to 270 804

Veterans of the Spanish War:

Memorial day, participation in exercises of , by 81 312

Vicksburg:

campaign in, monument to memory of New York troops, appro-
priations for 419 1042

Village law amended:

Iwrrowing money generally. . . . *• 280 S29

fire protection, assessment for, relative to 591 lini.*?

villages, consolidation of, relative to 520 1242

IKDEX. 109

Villages, general laws affecting: Chap. Page.

borrowing money generally, relative to ' 280 829

local boards of bealtli, relative to 339 902

Villages, miscellaneous:

Alden, village charter revised , 107 360

bridges, between cities and, construction, etc 301 858

Cunajobarie, bridge over canal, construction of, appropriation

for 470 1128

Cannndaigua, charter amended 2o4 ()8(i

Canisteo, bonds, issue of, authorized 202 535

consolidation of, relative to 520 1242

Corinth, acts of trustees legalized 5 4

FranlLfort, bonds and special election, legalized 17 19

street improvements, act authorizing ' 72 296

Fredonia, charter amended 62 118

Herliimer, board of police and fire commissioners, establishment

of, act amended 135 400

Iloneoye Falls, lighting streets, relative to 310 868

Kinderhook, contract for lighting purposes, relative to 236 637

Lnrchmont, construction of railways prohibited upon certain

streets 312 869

Mechanicvilie, ciiarter amended 273 812

Medina, charter amended 278 818

refund of unexpended balance to Orleans county 348 915

Montour Falls, charter amended 110 365

Norwich, charter amended 307 864

Oneonta, charter amended 224 608

grade crossings, trustees authorized to borrow money for. .. 118 376

Owego, charter amended 139 404

Peelisliill, charter amended 25 28

charter amended 306 864

police department, establishment of 389 991

Phoenix, cemetery, relative to 314 872

I*lattsburgh, charter amended 2 2

Portchester, charter amende<1 219 589

wharf, public, to provide for 576 1475

Sandy Hill, sale of certain real property in 455 1100

Saratoga Springs, l>oard of education, authorized to borrow

money 14 17

charter amended 400 1019

sewer, water and street commissioners, appointment of 506 1196

Voorheesville. water commissioners, acts of, legalized 287 838

Waterford, public improvement commission, act repealed 85 315

Westfield, proceedings of board of education and special district

meeting legalized 79 309

White Plains, charter amended 201 .505

water commission, establishment of 115 373

Von Bayer, H.:

services, appropriation for 594 1715

Voorheesville village:

water commissioners, acts of, legalized 287 838

Wallett, Charles:

labor and material, appropriation for 594 1722

Wanita lake:

fishing in, through ice, game law muended 343 908

110 INDEX.

Washington county: Chap. Tugc.

GrauYlUe, additional Justices, act relating to, repealed 128 380

Washington creek, Geneva:

conducting waters of, appropriation for 594 1732

Washington's headquarters:

Newburgh, superintendent and maintenance, appropriation for. 593 1C94

Waterford town:

Saratoga avenue, contract for sprinkling, filing of itemized

statement, relative to : 41 82

water commission, north side, filing of itemized statement, rela-
tive to 40 81

north side,* to purchase lands, filing of Itemized statement,
relative to 42 83

Waterford village:

public improvement commission, a^t repealed 85 313

Water meters:

unlawful interference with, penal code amended 833^ 89o

Water rents:

New Yorl^ city, relative to, charter amended 509 1219

Water storage commission:

appointment of, and appropriation for 400 1029

Watertown city:

board of water worlcs, relative to, charter amended 667 13(U)

sewers, building and construction of, borrowing money for 407 1031

Watervliet city:

assessment and taxation of property, relative to, cliarter

amended 153 426

board of electric light commissioners, relative to, cliarter

amended 272 B'^

bridge over Brie canai; repairs to, appropriation for 472 112-1

Weed-Parsons Printing Company:

printing, appropriation for 594 1736

Weedsport, village:

bridges at, repairing, appropriation for 594 1730

Weldon, Charles:

certain land released to 505 llOo

Westchester county:

Greenburgh, issue and sale of school bonds, legalized 34 03

union free school district number four, organization and

• existence of, legalized 34 63

grouse, close season for, game law amended 33G 8!)9

Larchmont, construction of railways prohibited upon certain

streets 312 861>

Mount Pleasant, establishment of union free school district

legalized 399 lOlH

PeelcsliilL charter amended 306 m4

police department, establishment of 389. 9ttl

Portchester, charter amended 219 58$)

supervisor, mailing office of, salaried 342 9(N»

White Plains, charter amended 201 505

INDEX 111

Westfield village: Chap. Page,

proceedings of special district meeting and board of education
legalized 79 309

Western House of Refuge for Women:

improvements, appropriation for 434 1065

Western New York Institution for Improved Instruction of Deaf-
MuteSy Bochester:
support and instruction of pupils in, appropriation for 594 1728

West Side Poundry Company:

labor and material, appropriation for 594 1722

White Plains:

village trustees, powers and duties of, cliarter amended 201 505

water commission, establishment of 115 373

Wild birds:

taking of, certain, game law amended * 359 946

relative to, game law amended '. 517 1236

Wild fowl:

Jefferson county, close season for 374 962

Wills:

withdrawal of, from surrogates' offices, § 2620, code of civil pro-
cedure amended 114 371

Wilna town:

election districts, increase of, relative to 308 866

Wilson:

act for relief of, amended 7 6

Witnesses: *

subpoena of, code of criminal procedure amended 94 328

Women, married:

rights of, domestic relations law amended 289 844

Woman's Belief Cori» Home:

maintenance, appropriation for 593 1689

Woodcock:

close season for 125 38S

game law amended 317 379

Yellow Pine Company:

material, appropriation for 594 1735

Yonkers city:

city court, clerk of, appointment and compensation 18 20

contingent fund, relative to, charter revised 445 1083

deputy city treasurer, appointment of, charter amended • 144 415

emergency bonds, issue of, authorized, charter revised 147 419

fire houses, additional, equipment and maintenance of, author-
ized 33 62

park commissioners authorized to acquire additional lands, etc. 459 1109

police act amended 493 1156

public library, to prepare site of 462 1112

schoolhouse, sites for. by condemnation proceedings, relative to. 450 1093

sewerage system, relative to 458 1 106

street pavements and improvements, relative to, charter revised 449 1089

a biQS Oka m? oao

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