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Chap. 66.

AN ACT to provide for the appointment of an additional number of notaries public in the county of Westchester.

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 governor is hereby authorized and empowered, by and with the advice and consent of the senate, to appoint in and for the county of Westchester, thirty notaries public in addition to the number now provided by law.

§ 2. This act shall take effect immediately.

Chap. 67.

AN ACT to amend chapter twenty-nine of the laws of eighteen hundred and eighty-one, entitled "An act to empower the executive board of the city of Rochester to acquire land and other property for the water-works of said city."

PASSED March 29, 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 five of chapter twenty-nine of the laws of eighteen hundred and eighty-one, entitled "An act to empower the executive board of the city of Rochester to acquire land and other property for the water-works of said city," is hereby amended so as to read as follows:

petition.

court.

§ 5. On presenting such petition to the supreme court as aforesaid Cause with proof of service of a copy thereof, and notices aforesaid, any of may be the persons whose estates or interests are to be affected by the proceed- against ings may show cause against granting the prayer of said petition and granting may to that end disprove any of the facts alleged therein. The court Proceedshall hear the proofs and allegations of the parties, and if no sufficient ings in cause is shown against granting the prayer of the petition, it shall make an order for the appointment of three disinterested and competent freeholders, residents of the state of New York, as commissioners to ascertain and appraise the compensation to be made to the owners or persons interested in the property so to be acquired, and shall fix the time and place for the first meeting of said commissioners. The Official commissioners shall take and subscribe the oath prescribed by the oath, twelfth article of the constitution. Any of them may issue subpoenas, and duties and administer oaths to witnesses. A majority of them may adjourn missionthe proceedings from time to time in their discretion. They shall ers. view the premises described in the petition and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony is taken in each case they, or

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a majority of them, all being present or having notice of the meeting to the end that they may be present, shall, without unnecessary delay, ascertain and determine the compensation which ought justly to be made to the owners or persons interested in the property so sought to be acquired. They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or committee of any infant, idiot, or person of unsound mind, or attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding and who has not appeared, for his costs and expenses. They shall make a report of their proceedings to the supreme court with the minutes of the testimony taken by them. The compensation to which they shall each be entitled for every day they are actually engaged in the performance of their duties, shall be fixed by said supreme court, and such compensation, together with their expenses, shall be paid by the city of Rochester. When the owners or persons interested in the property sought to be paid com- acquired shall have awarded to them an amount not exceeding the ers, etc, compensation offered by said city of Rochester for such property so sought to be acquired, or their interest therein, said city may recover, and the said supreme court may award against such persons the amount so paid to said commissioners necessarily expended for witnesses, or such part thereof as said supreme court shall deem proper. . § 2. This act shall take effect immediately.

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Chap. 68.

AN ACT to amend chapter six hundred and twenty-nine of the laws of eighteen hundred and sixty-nine, entitled "An act to authorize the mortgaging of real estate of certain societies and corporations."

PASSED March 29, 1-84; 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 of chapter six hundred and twenty-nine of the laws of eighteen hundred and sixty-nine is hereby amended so as to read as follows:

§ 1. It shall be lawful for the supreme court of this state, upon the and juris application of any society, association or corporation, now incorporated or hereafter incorporated under and by virtue of the act entitled "An make or act for the incorporation of societies or clubs for certain social and mortgage recreative purposes," passed April eleven, eighteen hundred and sixtypersonal five, and the acts amendatory thereof, or under and by virtue of chapter two hundred and sixty-seven of the laws of eighteen hundred and seventy-five, entitled "An act for the incorporation of societies or clubs for certain lawful purposes," and of the several acts extending and amending said act, in case it shall deem it proper to make an order for the mortgaging of any real or personal estate belonging to any such corporation, and to direct the application of the moneys arising therefrom by the said corporation, and upon like application may confirm any bond or mortgage heretofore given by any such corporation, and

thereupon such bond and mortgage shall be a legal obligation, and a valid lien upon the premises or property covered thereby from the date of record thereof.

§ 2. This act shall take effect immediately.

Chap. 69.

AN ACT to further amend chapter one hundred and twentyone of the laws cf eighteen hundred and thirty-three, entitled "An act to incorporate the New York Protestant Episcopal City Mission Society," as amended by chapter one hundred and seventy-three of the laws of eighteen hundred and sixty-six.

PASSED March 29, 1884.

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

SECTION 1. Section two of chapter one hundred and twenty-one of the laws of eighteen hundred and thirty-three, entitled "An act to incorporate the New York Protestant Episcopal City Mission Society," as amended by chapter one hundred and seventy-three of the laws of eighteen hundred and sixty-six, is hereby further amended so as to read as follows:

objects,

§ 2. The objects of said society are declared to be to provide by Corporate building, purchase, hiring or otherwise, at different points in the city etc. of New York, churches in which the seats shall be free, and missionhouses for the poor and afflicted; and also to provide suitable clergymen and other persons to act as missionaries and assistants in and about the said churches and mission-houses. The said society may also take by bequest or devise real and personal property, subject to all provisions of law in relation to devises by will, the annual income of which shall not exceed the sum of one hundred thousand dollars. § 2. This act shall take effect immediately.

Chap. 70.

AN ACT relating to the Buffalo East Side Street Railway

Company.

PASSED March 29, 1884.

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

SECTION 1. Chapter five hundred and ninety-nine of the laws of eighteen hundred and seventy-five is hereby repealed.

Condi

§ 2. The Buffalo East Side Street Railway Company may discon- tions uptinue the operation of any part of its road or roads and take up its on which tracks upon the following conditions, namely: Upon first obtaining the may take consent of the common council of the city of Buffalo and the consent of etc.

company

up tracks,

a majority of the owners of land abutting on that portion of the line. sought to be discontinued and taken up; and it shall be the duty of said Buffalo East Side Street Railway Company in all cases where it shall abandon any portion of its road or roads to take up its tracks and restore the street in good order and repair.

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Chap. 71.

AN ACT to authorize the use of state armories by associations of discharged soldiers.

PASSED March 29, 1884.

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

SECTION 1. On the recommendation of the officer in charge of any state armory, the chief of ordinance* may, upon the approval of the charged adjutant-general, under such restrictions, and for such time as he may prescribe, allow the use of such armory to any association of discharged soldiers of the war of the rebellion.

soldiers.

§ 2. This act shall take effect immediately.

Chap. 72.

AN ACT to confirm and legalize the action of the late Attorney-General Fairchild in a certain case.

PASSED March 29, 1884.

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

Action of SECTION 1. The action of the late Attorney-General Fairchild in the attorney employment of Messrs. Pratt, Brown and Garfield, as counsel on the general Tegalized.' part of the state for the defense of the auditor in the case of The

People, ex rel. Orrin W. Sage, against George W. Schuyler, auditor of the canal department, is hereby ratified, confirmed and legalized as fully as if the said attorney-general had certified that his official duties prevented him from attending in person in the case.

§ 2. This act shall take effect immediately.

* So in original.

Chap. 73.

AN ACT relating to the comptroller of the city of New

York.

PASSED March 29, 1884; three-fifths being present.

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

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SECTION 1. At the next general election to be held in the city of Comptrol New York there shall be elected a comptroller of the city of New York, elected. who shall take office upon the expiration of the term of the present incumbent of that office, and hold the same until twelve o'clock noon on the first day of January, one thousand eight hundred and eighty-eight. His successors shall be elected at the general election preceding the expiration of the term of their predecessors, and shall hold office for three years from twelve o'clock noon of the first day of January succeeding their election.

or suspen

§ 2. The comptroller may be removed from office by the governor Removal in the same manner as sheriffs, except that the governor may direct sion of the inquiry provided by law to be conducted by the attorney-general, from of and after charges have been received by the governor, he may, pending the investigation, suspend the comptroller for a period not exceeding thirty days. Such suspension shall be a disability under section one hundred and twenty-four of the New York city consolidation act of one thousand eight hundred and eighty-two.

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§ 3. In case of a vacancy in the office of comptroller it shall be filled Vacancy, by the mayor, and the person appointed to fill such vacancy shall hold filled. office until noon of the first day of January succeeding the election at which a successor shall be elected. At the next general election which shall take place more than ten days after the occurrence of a vacancy in the office of comptroller, a successor shall be chosen, who shall hold for the remainder of the unexpired term.

§ 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 5. This act shall take effect immediately.

Chap. 74.

AN ACT relating to the board of aldermen of the city of
New York.

PASSED March 29, 1884; three-fifths being present.

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

election

SECTION 1. At the next general election to be held in the city of President New York, and annually thereafter, there shall be elected an additional of board, alderman for said city, who shall be known as the president of the of. board of aldermen, and who shall possess all the rights, privileges and powers and perform the duties now conferred or imposed by law upon the president of said board.

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