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If provi

sions of this act

are com plied with,

court to appoint

board of education shall, with said petition, and as a part of said application, present and file with the court the consents obtained as herein before provided. If said court shall be satisfied from the papers and proofs presented that the provisions of this act have been complied with, and that it is for the benefit of the public in said school district that said burying ground should be acquired for school purposes, and that the bodies buried therein should be removed therefrom, it shall commis appoint three commissioners, who are disinterested freeholders not residents of said school district, to ascertain, fix and appraise the terms and conditions on which the removal of said bodies may be made, and the amount to be awarded therefor, and the probable expense of the removal of the remains exhumed, and the monuments, slabs, stones or other marks designating their places of burial, but the damages for taking the land shall in each case be considered and reported apart from that of the removal of remains and monuments and other marks designating the places of burial.

sioners.

Official oath.

Duty of commissioners.

§ 6. Before proceeding to execute the duties of their office said commissioners shall take and subscribe an oath to faithfully discharge their duties under said appointment to the best of their ability, which said oath shall be filed in the office of the clerk of Orange county. Upon filing said oath they shall proceed to take proof of and decide the matter submitted to them. They shall cause notice of the time and place of their meeting for that purpose to be published in the newspapers published in said village, at least ten days before the time. when they will so proceed to hear and decide said matters. They shall reduce the testimony taken before and by them to writing, and the same shall be returned and filed with their report, and shall form a part thereof. They shall take proof of the probable and estimated cost of exhuming and removing the remains and the monuments and other marks designating the burial places therein to Laurel Grove cemetery, and of the expense of procuring a lot and reinterring the remains therein. They shall also take proof of the consents that may have been given for the removal of remains from said burying ground, and shall in their report conform their award in those cases to the terms and conditions of the consents given therefor. They shall also take proof as to any damages for taking the land in which such remains are buried, unless the lot-owners or the representatives of those who are dead shall have in writing waived any claim for damages therefor. To report They shall report their proceedings to the supreme court, with the testimony taken by them. In their report they shall state the amount What re- awarded as expense of removal of remains, including their reinterment in Laurel Grove cemetery, to each lot-owner or to the representatives of those who are dead, with the name or names thereof and the number of bodies in each plot, as near as the same could be ascertained. If the name or names of the owners of any lot therein, or the representatives of those who may be dead, could not be ascertained, they shall so state in their report, and the award in such case or cases shall be to persons unknown. They shall also state in said report, in a separate column, the amounts awarded, if any, for land damages over and beyond the amount awarded as the expense of removing the remains. In such separate column they shall state the name of the person or persons to whom such award is made, and if the names of such persons as are interested in the lots where such awards are made are unknown they shall make the award to unknown owners. For the purpose of enabling said commissioners to so make out their report and perform the duties enjoined upon them by this act, said board of

proceed

ings.

port to state.

education shall furnish them with a plot of said burying ground, whereon they shall cause to be placed the names of the different lotowners and persons interested therein, so far as they have been able to ascertain the same, and where they have been unable to ascertain the names thereof they shall on said plot so designate and number the lots and burial places that those where the names are unknown may be intelligibly designated by said commissioners in their report.

tice to be

of motion

§ 7. On filing said report in the office of the clerk of Orange county on filing said board of education shall cause notice of such filing and of a motion report noto confirm the same to be published in the newspapers published in published said village, once in each week for two successive weeks before the time to confirm therein fixed for the hearing of said motion. Such motion to confirm same. said report shall be made at some special term of the supreme court held in the county of Orange. On filing proof of the publication of When said notice as herein before provided, said court, if satisfied that the court to provisions of this act have been complied with, shall confirm the same, report. and an order to that effect shall thereupon be entered in the office of the clerk of Orange county.

confirm

cause bod

to be re

and

§ 8. On the confirmation of said report said commissioners shall pro- Commisceed to cause the bodies buried in said burying ground, and the monu- sioners to ments and other marks designating the graves therein to be removed ies, etc., from said burying ground to Laurel Grove cemetery. If the relatives moved. or friends of those who are buried there shall prefer to superintend Relatives such removal the commissioners shall permit them so to do within such friends time as they may fix therefor, which shall be a reasonable one for that may su perintend purpose, and on such removal being made, said commissioners shall pay removal. to those thus superintending the removal of their friends or relatives the amount awarded in their report therefor. Unless the friends or relatives of those buried therein shall so elect to remove the same the commissioners shall cause it to be done in a careful manner, and shall cause the same to be reinterred in Laurel Grove cemetery and shall defray the expense thereof from the amounts awarded for that purpose in their said report. They shall cause the monuments, slabs or other Monumarks designating graves therein to be reset in said cemetery in a substantial manner so that the identity of the graves may be preserved, reset, etc. and where there is nothing designating the grave in said burying ground, they shall cause a wooden or stone slab to be set up in said cemetery on which shall be the designation of the lot from which the remains were taken, to correspond with the designation thereof in said report. Before proceeding to remove said remains or any of them they shall give at least five days' notice of their intention so to proceed in the newspapers published in said village.

ments,

etc., to be

§ 9. If the expense of such removal shall be less than the amount Expenses. awarded therefor the balance of the award for that purpose shall be applied to the payment of the awards for land damages, if any, and if not required for that purpose, such balance shall be paid to the treasurer of the board of education, to be used in the erection of a school building on said enlarged site.

port.

§ 10. After the removal of the remains from said burying ground Final reshall be completed said commissioners shall make a final report of their proceedings and of the amounts paid by them for such removals. Such report shall be filed in the office of the clerk of Orange county. Upon the filing of said report in said office, and on filing therein proof that the awards for land damages, if any, have been paid to the ones to whom such awards were made, and in the case of unknown owners, to the county treasurer of Orange county, the title to said burying ground shall be

sation of

commissioners.

vested in said board of education of union free school district number
one, of the town of Deerpark, for said school district.
A copy of the
order confirming the report of said commissioners of the awards by
them made, duly certified by the clerk of Orange county, and a certifi-
cate of said clerk that the final report of said commissioners has been
filed, and that proof of the payments of awards for land damages has
also been filed, shall be recorded in the record books of deeds in said
office, and such order and certificate shall be the evidence of the title
of said school district to said burying ground.

Compen- § 11. Said commissioners shall receive such compensation as shall be reasonable for their services under this act not exceeding three dollars for each day's actual attendance upon the discharge of the duties. herein enjoined. Such compensation and the other expenses for the plot of said burying ground and the expense of witnesses in the proceedings provided for in this act shall be paid by said board of education from the moneys of said district in their charge.

§ 12. This act shall take effect immediately.

City may borrow

Chap. 62.

AN ACT to authorize the city of Schenectady to borrow and expend money for current expenses.

PASSED March 25, 1884; 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 Schenectady is hereby $13,500 to authorized to borrow, upon the notes of the city treasurer, and the pay debts. credit of the city, the sum of thirteen thousand five hundred dollars, and to expend the same in paying the debts and expenses of the city, incurred between the first day of March, eighteen hundred and eighty-three, and the twenty-ninth day of February, eighteen hundred Tax to be and eighty-four, inclusive. The said amount shall be raised by tax upon the taxable property of said city, within the year beginning March first, eighteen hundred and eighty-four, and levied and collected in the manner prescribed by law for the collection of other taxes in said city.

levied.

§ 2. This act shall take effect immediately.

Chap. 63.

AN ACT to amend the Code of Criminal Procedure.

PASSED March 28, 1884; 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 hundred and sixty-three of the Code of Criminal Procedure is hereby amended so as to read as follows:

crimes

may be

§ 663. When a defendant is brought before a magistrate, or is held What to answer on a charge of a misdemeanor, for which the person injured by the act constituting the crime has a remedy by civil action, the comprocrime may be compromised, as provided in the next section, except when it was committed

1. By or upon an officer of justice while in the execution of the duties of his office;

2. Riotously; or

3. With an intent to commit a felony.

§ 2. Section six hundred and sixty-four of the Code of Criminal Procedure is hereby amended so as to read as follows:

mised.

ings may

and the

ed.

§ 664. If the party injured appear before the magistrate, or before When the court to which the depositions and statements are required, by proceedsection two hundred and twenty-one, to be returned at any time before be stayed trial or commitment by the magistrate, or trial on indictment for the defendant crime, and acknowledge in writing that he has received satisfaction discharg for the injury, the magistrate or court may, in his or its discretion, on payment of the costs and expenses incurred, if such magistrate or court shall see fit so to direct, order all proceedings to be stayed upon the prosecution and the defendant be discharged therefrom. But in that case, the reason for the order must be set forth therein and entered upon the minutes.

§ 2. This act shall take effect immediately.

Chap. 64.

AN ACT to legalize the corporate acts of the Masonic Building Association, a corporation whose operations are carried on in the village of Ellenville, Ulster county, and to extend the term of its existence.

PASSED March 28, 1884.

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

ized.

SECTION 1. The corporate acts of the Masonic Building Association, Corporate a corporation duly organized under and in pursuance of chapter one acts legalhundred and seventeen of the laws of eighteen hundred and fifty-three, entitled "An act to authorize the formation of corporations for the erection of buildings," whose operations are carried on at Ellenville, Ulster county, shall not be impaired or affected by the omission to insert the number of years of the term of existence of said corporation in the certificate of its incorporation filed in the office of the clerk of Ulster county, or by the omission of the said corporation or its officers to-file or record the certificate of the payment of the capital stock or the annual reports required by the said act, and the said corporation is hereby legalized and confirmed, and the corporate acts of said corporation, including its contracts and loans and liens upon its property, shall be legal and valid. And the mortgage now upon the real estate Mortgage of said corporation, executed by the said corporation to Joseph F. declared Barnard of Poughkeepsie, N. Y., to secure the sum of eight thousand valid. dollars, bearing date June seventh, eighteen hundred and seventy-two, and recorded in the office of the clerk of Ulster county, in book num

to be

Corpo

rate existence ex

tended.

ber one hundred and twelve of mortgages, on page seventy-nine, is hereby declared to be legal and valid, and the holder and owner thereof is authorized to assign the same, or the said corporation may borrow and secure, by a mortgage on its real estate, such sum, not exceeding eight thousand dollars, as may be necessary to pay, satisfy and cancel the mortgage aforesaid.

§ 2. The term of the corporate existence of the said corporation is hereby extended to twenty years from the date of the passage of this act. § 3. This act shall take effect immediately.

Trustees

may take

real es

tate, etc.

Chap. 65.

AN ACT in relation to Columbia College in the city of
New York.

PASSED March 28, 1884; three-fifths being present.

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

SECTION 1. The trustees of Columbia College in the city of New York and hold are hereby authorized and empowered to take by purchase, gift, grant, devise or any other manner, and to hold any real estate which, when acquired, shall be used for, or the income thereof shall be applied to, the proper conduct and support of the several departments of education. heretofore established or hereafter to be established by such trustees; and so much of the proviso in the first section of the act entitled "An act relative to Columbia College in the city of New York," passed March twenty-fourth, eighteen hundred and ten, as limits the clear yearly value of the real estate to be acquired by said trustees to the sum of twenty thousand dollars, is hereby repealed; provided, however, that no lands owned by said college shall be exempt from taxation, except such as are or may be in actual use as a site or sites for said college; and provided further, that all devises and bequests to said trustees shall be subject to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty, entitled "An act relating to wills." And provided further that this act shall not be construed so as to affect any devise made by any testator who shall have died before its passage, nor the right of any heir at law or next of kin of such testator.

Proviso.

§ 2. This act shall take effect immediately.

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