Description of property

to city treasurer.

deemed an

etc.

Collection

erty of such corporation or corporations within said city from the time of the entry of the order until paid, and the collection thereof may be enforced by said city in the same manner that taxes and assessments are now collected in said city.

§ 14. The commissioners appointed under this act shall make or cause to be made and furnished to the treasurer of said city, a description of the real property of each of such private corporations within the corporate limits of said city, and the order fixing Order and determining the proportionate share of the cost and expense assessment, of said work to be paid by each of said private corporations shall be and shall be deemed to be an assessment-roll for local improvements against each of the corporations therein named respectively, and upon and against all of the real property so described by such corporation, and an assessment against such corporation and upon and against such real property of the amount directed to be paid by each of such corporations, respectively. In case of failure of any corporation to pay its proportionate share of said expense as fixed by said order within thirty days from the date of the service of the same upon such corporation, the treasurer of said city shall, if the common council of said city by resolution so direct, proceed to collect the same together with the interest thereon as herein provided, in the manner and by the procedure relating to street opening cases, so far as the same may be made applicable thereto, prescribed in title seven 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 Binghamton," and acis amendatory thereof.

of same

upon fail

ure of payment.

Contracts, agree

between

tions.

15. The several corporations, private and municipal, liable ments, etc., to pay any portion of the expense authorized by this act, may corpora- enter into a mutual contract or contracts agreeing upon and determining the plans and specifications for such viaduct, approaches and retaining walls thereto, providing that they will perform or cause to be performed such work and make such improvements; determining what lands shall be taken for the purpose specified in section seven of this act, and also determining the proportional share of the expense authorized by this act, which shall be borne by each of said corporations, private and municipal, and the time and manner in which the same shall be Execution paid. Such contract or contracts or any mutual agreement or city. determination, herein authorized to be entered into between said

thereof by

Bonds to secure pay

within

may be en

corporations, private and municipal, shall be executed on behalf of the city of Binghamton by the mayor, subject to the approval of the common council, and bonds shall be given by each of said private corporations to be approved by the mayor of said ments. city to secure the payment of the sums or proportional amounts so agreed to be paid. Where no limitation of time is herein fixed Time within which any contract, agreement, decision or determination tracts, etc., may be entered into by said corporations, the same may tered into. be fixed by the mayor of the city of Binghamton therefor. Such contract or contracts shall be binding upon all of the parties Contracts thereto, and said corporations, private and municipal, shall etc. thereupon proceed, and they are hereby authorized and empow ered to carry out the said contract or contracts, and perform, or cause to be performed all the work herein provided for. All Approval work done by or under the direction of said corporations, and all gineer. contracts entered into by them for the performance of any part of such work, shall be subject to the approval of the city engineer of the city of Binghamton.

binding,

of city en

avenues,

alteration,

§ 16. Said commissioners are hereby authorized and empowered Streets, to enter upon and use so much of Chenango street, and to change etc.. use, the grade of or close such streets, avenues, lanes, alleys and etc., of. rights of way as may be necessary to enable them, or said corporations, to carry out the work and improvements herein provided for.

the

and

bonds for

city's share

of expenses.

§ 17. The common council of said city may add all or part of the Tax or amount of said expense which is to be borne by the city to next annual budget after the completion of the viaduct, collect the same as other contingent expenses are collected, or it may issue bonds and sell the same to pay such expense or any part thereof. Such bonds, if issued, shall be executed in the form and manner provided in section twelve of title three of chapter two hundred and fourteen of the laws of eighteen hundred and eightyeight, and acts amendatory thereof.

tions to court de

§ 18. Unless it is otherwise specially prescribed in this act, an Applica application to the court provided for herein shall be construed aned. to mean to the supreme court, at a special term thereof, to be held in the sixth judicial district. Where notice is required to Service of be given, such notice shall be served upon all parties who may be required to pay any portion of the expense herein authorized, and upon such other persons and in such manner as the court

notices.

may direct, within the time required by law, and the rules and practice of said court for service of notice of motion, unless such service be waived or a shorter notice be accepted by stipulation Notices, by of the parties in writing. Whenever in this act notice is required to be given by said commissioners the same may be given by the chairman or secretary thereof.

whom

given.

Appear

ance by attorney.

Viaduct to be city property and a public street.

Special election.

Notice of election.

Ballots.

§ 19. The appearance by an attorney of a person or corporation herein shall have the same force and effect as in an action in the supreme court, and all notices in any subsequent proceedings must be given to such attorney.

§ 20. The said viaduct, when completed, shall be the property of the city of Binghamton, and a public street and highway thereof, and a portion of Chenango street, and subject to its control as other highways in said city, except as herein specially provided.

§ 21. As soon as practicable after the passage of this act, a special election shall be held in said city, at which the question shall be submitted to the taxpayers of said city whether a viaduct shall be constructed under the provisions of this act. The common council shall give notice of such election by publication thereof in the official and one or more other city papers, stating that upon a day therein fixed, and which shall be at least two weeks after the first publication of such notice, a special election will be held at some central and convenient place in said notice designated, at which the question whether said viaduct shall be built will be submitted to the qualified electors of said city for their determination. The publication of said notice shall be continued until the day appointed for the special election. The common council shall, at the expense of said city, provide ballots for said election, upon which shall be written, or partly written and partly printed. "for the Chenango street viaduct" or "against the Chenango Conduct of street viaduct," and the manner of conducting the same, the time during which the polls shall be open, the qualifications of voters, the canvass of the votes, and the certification of the result shall be determined by the provisions of title fourteen of the charter of said city (chapter two hundred and fourteen of the laws of eightteen hundred and eighty-eight.) And no proceedings shall be taken taken only under this act, or contract herein authorized entered into before the said election shall have been held and the result thereof duly announced, nor unless it shall appear from the result of such

election.

Proceedings to be

upon

favorable vote.

election that a majority of all the votes cast thereat were "for the Chenango street viaduct."

ment and completion

commis

§ 22. The work and improvements provided for by this Commence act shall be commenced and be completed as soon as of work. practicable after the passage of this act, and said commissioners shall not be paid or allowed any fees for time not actually or Fees of necessarily spent in the performance of the duties imposed upon sioners. them by this act. The court shall have power to enforce the pro-Pourt to envisions of this section, and may, by order, compel any of the cor-forc porations, private or municipal, herein mentioned, which shall occasion any unnecessary delay to the prosecution of the work herein provided for, to pay the expense occasioned thereby.

of

force act,

etc.

§ 23. All acts and parts of acts inconsistent or repugnant to Repeal. the provisions of this act are to that extent hereby repealed. $24. This act shall take effect immediately.

Chap. 601.

AN ACT to amend chapter four hundred and thirty-seven of the laws of eighteen hundred and ninety, entitled "An act for the protection and education of farmers and manufacturers in the purchase and sale of fertilizers."

BECAME a law May 9, 1894, 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:

amended,

Section 1. Section one of chapter four hundred and thirty- Act seven of the laws of eighteen hundred and ninety, entitled "An act for the protection and education of farmers and manufacturers in the purchase and sale of fertilizers," is hereby amended so as to read as follows:

accompany

§ 1. All commercial fertilizers which shall be offered for sale, Analysis to to be used in this state, shall be accompanied by an analysis fertilizers. stating the percentages contained therein, of nitrogen or its equivalent of ammonia, of soluble and available phosphoric acid, the available phosphoric acid either to be soluble in water or in a neutral solution of citrate of ammonia as determined by the methods agreed upon by the American society of agricultural chemists, and of potash soluble in distilled water: A legible

Printed statements

on packages.

Analysis with shipments in

bulk.

List and analysis to be furnished experiment station.

statement of the analysis of the goods and of the person, firm or corporation, who have manufactured the same, shall be printed on or attached to each package of fertilizer offered for sale for use in the state; and where fertilizers are sold in bulk, to be used in this state, an analysis shall accompany the same, with an affidavit that it is a true representation of the contents of the article or articles.

§ 2. Section two of said act is hereby amended so as to read as follows:

§ 2. Manufacturers residing in this state, and agents or sellers of fertilizers made by persons residing outside the limits of this state, shall between the first and twentieth days of July, in each year, furnish to the director of the New York state agricultural experiment station at Geneva, a list of the commercial fertilizers they, manufacture or offer for sale for use in this state, with the names or brands by which they are known on the market, and the several percentages of nitrogen or its equivalent of ammonia, of phosphoric acid, both soluble and available, and of potash either single or combined, contained in said ferStatement tilizer, as called for in section one of this act. Whenever any fertilizer or fertilizing ingredients are shipped or sold in bulk, for use by farmers in this state, a statement must be sent to the direction of the New York state agricultural experiment station at Geneva, giving the name of the goods so shipped, and accompanied with an affidavit from the seller, giving the analysis of such percentage guaranteed.

of ship

ments in

bulk.

Affidavit thereto.

Statements, when not deemed false.

Applica

tion of act.

§ 3. Section three of said act is hereby amended so as to read as follows:

§ 3. Whenever a correct chemical analysis of any fertilizer offered for sale in this state shall show a deficiency of more than one-third of one per centum of nitrogen or its equivalent of ammonia, or one-half of one per centum of available phosphoric acid or one-half of one per centum of potash soluble in distilled water, such statements shall be deemed false within the meaning of this act. This act shall apply to all articles of fertilizers offered or exposed for sale for use in the state of New York, the selling price of which is ten dollars per ton or higher, and of which they are part or parcel, and of any element into which they enter as fertilizing materials, among which may be enumer ated nitrate of soda, sulphate of ammonia, dissolved bone black