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Act not to apply to cities nor certain

Chap. 89.

AN ACT to amend chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight, as amended by chapter four hundred and five of the laws of eighteen hundred and seventy-nine, and chapter one hundred and seventy-two of the laws of eighteen hundred and eighty-three, entitled "An act in relation to the election of officers in certain school districts."

PASSED April 3, 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 ten of chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight is hereby amended so as to read as follows:

§ 10. This act shall not apply to cities nor tó union free school districts whose boundaries correspond with those of an incorporated village, nor to any school district organized under a special act of the union free legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts organized under the general law, nor to any of the school districts in the counties of Richmond, Suffolk, Chenango, Westchester and Warren.

school districts.

Fees for

§ 2. This act shall take effect immediately.

Chap. 90.

AN ACT regulating the pilotage of the port of New York.

PASSED April 3, 1884.

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

SECTION 1. The fees for piloting for the port of New York, by the By way of way of Sandy Hook, are hereby established as follows:

piloting

Sandy
Hook.

For every vessel inward bound, and not exempted from pilotage by any law of this state, or any regulation thereunder, and drawing less than fourteen feet of water, two dollars and seventy-eight cents per foot.

For every vessel drawing fourteen feet, and less than eighteen feet of water, three dollars and thirty-eight cents per foot.

For every vessel drawing eighteen feet, and under twenty-one feet of water, four dollars and thirteen cents per foot.

For every vessel drawing twenty-one feet of water and upward, four dollars and eighty-eight cents per foot.

If the master or owner of any vessel shall request the pilot to moor said vessel to any place within Sandy Hook, and not to be taken to the wharf or harbor of New York, or the vessel be detained at quarantine, the same pilotage shall be allowed, and the pilot entitled to his discharge.

of one

named.

When any ship or vessel bound to the port of New York, and boarded Addition by any pilot appointed by the board of commissioners of pilots of the fourth in city of New York, at such distance to the southward or eastward of cases Sandy Hook light-house, as that said light-house could not be seen from the deck of such ship or vessel in the day-time and in fair weather, the addition of one-fourth to the rates of pilotage herein before mentioned shall be allowed to such pilot, provided the commander of such vessel shall have agreed to pay such addition.

§ 2. The pilotage on vessels outward bound not exempt from pilotage, on outshall be as follows:

ward bound

For every vessel drawing less than fourteen feet of water, two dollars vessels. and two cents per foot.

For every vessel drawing fourteen feet, and less than eighteen feet of water, two dollars and thirty-three cents per foot.

For every vessel drawing eighteen feet, and less than twenty-one feet of water, three dollars and eight cents per foot.

For every vessel drawing twenty-one feet of water and upward, three dollars and fifty-six cents per foot.

§ 3. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 4. This act shall take effect immediately.

Chap. 91.

AN ACT to amend chapter two hundred and ninety-nine of the laws of eighteen hundred and eighty-three, entitled "An act to provide for the enrollment of the militia, for the organization and government of the national guard of the state of New York, and for the public defense, and entitled the Military Code."

PASSED April 3, 1884; three-fifths being present, and two-thirds voting in favor thereof.

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

SECTION 1. Section sixty of chapter two hundred and ninety-nine of the laws of eighteen hundred and eighty-three, entitled "An act to provide for the enrollment of the militia, for the organization and government of the national guard of the state of New York, and for the public defense, and entitled the Military Code," is hereby amended so as to read as follows:

mory,

troop, etc

§ 60. Whenever it shall appear by the certificate of the commandant When suof the regiment or battalion to which any troop, battery or company, to rent or pervisors organized under the provisions of this act, belongs, or in the case of a erect arseparate troop, battery or company, by the certificate of the com- etc., for mandant of the brigade or division to which it is attached, together separate with the certificate of the adjutant-general, that such troop, battery or company has at least the minimum number of enlisted men established by section twelve of this act who can legally be required to perform the duties prescribed by this act, the supervisors of the county, in which such troop, battery or company is located shall, upon the demand of the

Ibid., for two or

more compa

nies.

Expense to be a county charge.

commandant of such troop, battery or company, approved by the commandant of the battalion, regiment, brigade or division to which it belongs or is attached, as the case may be, erect or rent within the bounds of such county, for the use of such troop, battery or company, a suitable and convenient armory, drill-room, and place of deposit for the safe-keeping of the arms, equipments, accoutrements, uniforms and other military property furnished under the provisions of this act, except in the city of New York. The erection, repairs and alterations of all armory buildings shall be done under the direction and supervision of the inspector-general and an architect to be designated by the board of supervisors.

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

§ 61. Whenever the division commander and the inspector-general shall deem it expedient that an armory be provided for the use of two or more companies of a regiment or battalion, or jointly for the use of any of such companies and a battery or troop, or both, the supervisors of the county in which such regiment, battalion, battery or troop is located shall, upon the demand of the commandant of such regiment, battalion, battery or troop, erect or rent within such county a suitable and convenient armory, approved by the division commander and the inspector-general, except in places where such accommodation is provided in a state arsenal; and whenever, in the opinion of the commandant in charge of any armory, the same shall be unfit for use as an armory, he may make complaint to the inspector-general, who shall forthwith examine into the condition of such armory, and if found to be unfit for use, shall immediately report the fact to the board of supervisors, who shall thereupon direct the alteration, repair, enlargement or abandonment of the same, and in case of abandonment, provide another suitable armory.

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

§ 62. The expense of erecting, altering, repairing, enlarging or renting armories, purchasing lands for the location of armories, and for providing the necessary apparatus, fixtures and means for heating, lighting and ventilating the same, and water and wash closets in such armories, and for properly preserving the arms, equipments, uniforms and records kept therein, by the construction of suitable lockers, closets, gun-racks and cases, shall be a portion of the county charge of such county, and shall be levied, collected and paid in the same manner as other county charges are levied, collected and paid; but no money shall be appropriated for decorating any armory erected or rented under the provisions of this act, nor for any other purpose, to be paid out of moneys thus levied and collected, except for the said purchase, erection, renting, alteration, enlargement, repair and furnishing of such armories, unless the necessity for such expenditure shall have been examined into and certified to as necessary by the auditing boards of the respective In the city organizations. In the city and county of New York the demands of

of N. Y.

demands

to be

made to board named.

commandants of regiments, battalions, batteries or troops for suitable armories, or for alterations or enlargements and furnishing of armories, as hereinbefore provided, shall be made to a board hereby created, consisting of the mayor, the major-general commanding the first division of the national guard, and the commissioner of public works, who shall consider such applications, and, if they approve, shall make their recommendations to the commissioners of the sinking fund, who, if they concur in such recommendations, shall specify the sums to be appropri

ated for such purchase, rental, erection, enlargement, alteration or furnishing of armories, including suitable accommodations for division and brigade head-quarters, which sum shall be inserted by the comptroller in his departmental estimate; and the board of estimate and apportion- Tax, etc. ment is hereby authorized and directed to include such sums in the final estimate for the tax levy for the next ensuing year; or said commissioners of the sinking fund may from time to time, in their discretion, direct the comptroller of said city to issue bonds or stocks of the mayor, aldermen and commonalty of the city of New York, redeemable in not less than ten or more than twenty years from the date of issue, in such amounts as shall be necessary to provide such sums or any part thereof; and the mayor and comptroller of said city are hereby authorized to sign said bonds, which shall bear interest at a rate not exceeding three per cent per annum, and shall not be disposed of at less than the par value thereof; and it shall be the duty of the clerk of the common council of said city to countersign the same and to affix the seal of the city thereto, and the proper authorities of the city and county of New York are hereby authorized and directed to cause to be raised upon the estate, real and personal, subject to taxation in the city and county of New York, such sums of money as may be required to pay the interest on the said bonds and redeem them at maturity. The title to Title to any property acquired under this act through the approval of the com- property. missioners of the sinking fund shall be vested in the mayor, alderman and commonalty of the city of New York. All armory buildings in Supervi said city shall be erected and all alterations, enlargements and furnish- sion of ing thereof shall be made and done under the direction and supervision of the board created by this section, but all work which it is necessary to do and all materials which it is necessary to purchase in and for such erection, alterations, enlargements and furnishing shall be done and procured under contracts made at public letting pursuant to the general provisions of law as to public contracts in the city of New York, contained in sections fifty-nine, sixty-four and sixty-five of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York. The comptroller is hereby authorized and required to pay, on the requisition of the said board, the amounts certified from time to time to be due, in such manner as he shall direct, and the amount appropriated shall not be exceeded in incurring expenditures under this provision. The said Appropri commissioners of the sinking fund may also in their discretion appro- plot for lo priate any plot or plots of land belonging to the said city and not cation of already appropriated to some other public use, as locations on which armory buildings may be erected. All repairs to armories in the city of New York certified to be necessary by the auditing boards of the organizations occupying the same shall be made under the provisions of law now existing for repairs of public buildings in said city.

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§ 4. All acts and parts of acts inconsistent herewith are hereby repealed.

§ 5. This act shall take effect immediately.

work.

ation of

armory.

General

tax for eighth ward

enginehouse.

Chap. 92.

AN ACT to authorize the common council of the city of Utica to raise by tax and disburse money in providing for the completion of the eighth ward engine-house in the city of Utica.

PASSED April 3, 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 Utica may, in the year eighteen hundred and eighty-four, raise by general tax on the taxable property in said city, at the same time and in like manner with the other taxes raised therein in said year, the sum of one thousand five hundred dollars, or so much thereof as may be necessary, to be used and expended for the completion of the eighth ward engine-house in said city of Utica.

§ 2. This act shall take effect immediately.

Estimate to be made, etc, for police and fire de

Chap. 93.

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."

PASSED April 4, 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. 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 commissioners of the city of Utica,' and amended May twenty-fifth, eighteen hundred and eighty-three, is hereby further 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 increased cost of the Police and Fire departments for the current year, over that for the year eighteen hundred and eighty-three, and present partm'ts. the same to the common council, who shall include the amount thereof in the city tax assessment-roll, in addition to the sum of forty thousand dollars authorized by section forty-seven of the charter of said city to be raised as the "City Fund;" but the amount so included shall not exceed fifteen thousand dollars annually.

§ 2. This act shall take effect immediately.

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