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Chap. 94.

AN ACT to regulate and fix the tare on hops, the weight of hop baling, and a standard weight of bales of hops.

PASSED April 4, 1884.

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

weight of

SECTION 1. The amount of tare to be deducted from the gross weight Tare on of each bale of hops hereafter sold in this state is hereby fixed at three gross and one-half pounds per bale, and the standard weight of each yard of hops, etc. hop baling used on each bale of hops so sold is hereby fixed at twentyfour ounces. The standard weight for a bale of hops hereafter sold in this state is hereby fixed at from one hundred and seventy-five to two hundred and ten pounds. Any vender of hops using heavier sacking than that specified in this section, or using any other extraneous matter in the baling thereof, shall have the same deducted as additional tare.

§ 2. Every producer of hops shall plainly mark upon each bale of Marking. hops sold the number of pounds of baling used in making the bale. § 3. This act shall take effect immediately.

Chap. 95.

AN ACT to authorize marine mutual insurance companies to change to capital stock insurance companies.

PASSED April 4, 1884.

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

taken to

plan of

SECTION 1. Any marine mutual insurance company heretofore char- Proceed tered by the legislature of this state under a special act, or any marine ings to be mutual insurance company now incorporated, or which may hereafter change be incorporated under any general act or law of this state, may, by insur conforming its charter to, and otherwise proceeding in accordance with, ance. the laws of this state, with the consent of three-fourths of the whole number of its trustees or directors, and with the written consent of the holders of three-fourths of the whole amount of the outstanding scrip, after giving notice once a week for six weeks of their intention in two newspapers to be designated by the superintendent of the insurance department, change the plan of its business from that of a mutual insurance company to that of a capital stock insurance company by converting the outstanding certificates of profits of those so consenting into capital stock in shares of not less than fifty dollars each, within such period of time, and at such price, not exceeding its par value, and under such conditions and regulations as the trustees or directors may fix and establish for that purpose, and may also, upon application therefor being made to the company, by the holders thereof, convert the remaining outstanding certificates of profits in whole or in part into capital stock as aforesaid, or at the option of the said holders redeem the same at the market price or value thereof, said market price or value to be

Amount

of capital stock.

determined by a disinterested person appointed by a judge of a court of record of this state. But the capital stock thus created shall in no case exceed the cash value of the assets of such marine mutual insurance company, which assets shall not amount to less than two hundred and Examina- fifty thousand dollars, nor shall any such marine mutual insurance tion by superíncompany change the plan of its business as aforesaid to that of a tendent. capital stock insurance company until the superintendent of the insurance department shall first have examined into the cash value of the assets of such company and shall have issued his certificate in writing that such company has complied with the provisions of this act, and is in a safe and proper condition to continue the business of marine insurance, a copy of which certificate shall be recorded in the office of the said superintendent and in the office of the secretary of By laws. state. And the trustees or directors shall have power to make all necessary by-laws and regulations to conform to such changes in the business of the company?

Persons entitled

to vote.

State en

supervise

§ 2. The holders of said capital stock shall be entitled in the election of trustees or directors to one vote for each share of stock held by them respectively, such votes to be given either in person or by proxy. §3. This act shall take effect immediately.

Chap. 96.

AN ACT to amend chapter three hundred and eighty-six of the laws of eighteen hundred and eighty-two, entitled "An act for the construction of a sewer for the Buffalo State Asylum for the Insane, and to make an appropriation therefor."

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:

SECTION 1. The second section of chapter three hundred and eightysix of the laws of eighteen hundred and eighty-two, entitled "An act for the construction of a sewer for the Buffalo State Asylum for the Insane, and to make an appropriation therefor," is hereby amended so as to read as follows:

§ 2. Such sewer shall be constructed under the supervision of the gineer to state engineer and surveyor, and shall be laid through the streets of the construc- city of Buffalo, at such points and places as shall be approved by the common council of said city, and shall empty into the Bird avenue sewer at or near Niagara street.

tion of sewer.

§ 2. This act shall take effect immediately.

Chap. 97.

AN ACT to amend chapter one hundred and fifty of the laws of eighteen hundred and seventy-two, entitled "An act to incorporate the city of Kingston."

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:

SECTION 1. Section sixty-nine of chapter one hundred and fifty of the laws of eighteen hundred and seventy-two, entitled "An act to incorporate the city of Kingston," is hereby amended so as to read as follows:

to be

penses.

§ 69. The common council shall in each year, on or before the first Estimates day of November, make a careful estimate of the expenses of support- made for ing and relieving the city poor, which estimate shall not exceed thirteen city exthousand dollars, also of the expenses of the general repairs of streets and the lighting of the same, of the expenses of the fire department, and of the city expense for all other purposes, which several estimates, including that for the city poor, shall not exceed the sum of fifty-three thousand dollars. The common council shall, for said several purposes, Tax. have power to raise by tax in each year, from the taxable inhabitants of said city, and the property therein liable to taxation, such sums of money as they may deem proper, but not exceeding the sum of fiftythree thousand dollars, exclusive of the amount added thereto under that part of section sixty-three which relates to lunatics, deaf-mutes, blind, insane and idiotic poor; and under sections ninety-four, ninetyeight, ninety-nine and one hundred and eighteen of this act, and exclusive of the amount necessary to pay the principal and interest of the bonded and other indebtedness of the city as it falls due. § 2. This act shall take effect immediately.

Chap. 98.

AN ACT to provide for the disposition of certain portions of the Chenango canal not necessary for future purposes.

PASSED April 4, 1884, by a two-thirds vote.

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

tendent to

right to

SECTION 1. The superintendent of public works is hereby authorized Superinto lease the right and privilege, in the name of the people of this state, lease to to the Utica, Clinton and Binghamton Railroad Company, to construct, railroad maintain and operate its railroad upon the easterly bank of the Che- construct nango canal, at and near Oriskany Falls, in Oneida county, upon such road on terms and conditions as may be agreed upon, beginning at a point on the bank. easterly bank thereof two hundred and eighty-seven feet westerly or southerly of the upper groin of lock number fifty-nine, and extending easterly along the easterly bank of said canal to the foot of lock

canal

number fifty-three, being about sixty-six chains and thirty-five links in length; and for the purposes aforesaid to execute, acknowledge and deliver all necessary conveyances therefor.

§ 2. This act shall take effect immediately.

Commis

have control of park.

Chap. 99.

AN ACT in relation to the public park of the village of

Corning.

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:

SECTION 1. The public park known as block number sixty-six, in the sioners to village of Corning, shall be under the exclusive control and management of a board of commissioners, to consist of five persons, namely: Franklin N. Drake, Amory Houghton, Jr., Stephen T. Hayt, Alexander Olcott and Charles C. B. Walker, and they and their successors are hereby constituted a board of commissioners, to be known as the park commission of the village of Corning.

Meeting

§ 2. The board of commissioners herein provided for shall meet to organ within fifteen days after the passage of this act and organize by the election of a president, treasurer and secretary from their number, who shall hold their office during the pleasure of the board.

ize.

Commis

be classi

fied.

§ 3. The commissioners named in the first section of this act shall be sioners to divided into five classes, who shall hold their offices as follows: The first class for two years, the second class for four years, the third class for six years, the fourth class for eight years, and the fifth class for ten years. The commissioners who are to comprise the respective classes shall be selected by the said board of commissioners by lot, and such selection shall be made at the first meeting for organization as provided in section two. All vacancies for the unexpired terms in the board shall be filled by the remaining members of said board. The successors of said commissioners shall be appointed by the board of trustees of the village of Corning, and hold their office for ten years.

Vacancies.

Powers.

Ap

etc.

§ 4. The said board shall have full and exclusive power to govern, manage and direct the said park, to grade, lay out, improve and regu

late the same.

§ 5. The said board shall have power to locate and lay out such proaches, approaches connecting with said park as the said board may deem necessary, and to establish the grade of all streets adjoining said park. The parts of all alleys, avenues and highways now laid out as running through said park may, by said board, be closed and discontinued, so far as the same would run through said park, or any part thereof, and shall be so discontinued when the said board shall so declare by resolution, which shall be entered in the minutes of its proceedings.

Obstructions.

§ 6. The said board of commissioners may order, direct and cause the removal of any obstruction on any part of said park grounds, and remove the same on refusal or failure of the owner or owners to do so after twenty days' notice to make such removal, and for that purpose the power and authority possessed by the village of Corning in that respect is vested in the said board of commissioners. But nothing in this

act shall be construed to authorize the removal of the court-house in said village.

etc.

§ 7. A majority of the said commissioners shall constitute a quorum Quorum. for the transaction of business. The said commissioners shall have full By-laws, and exclusive power to make rules and by-laws for the transaction of their business. No action of the board shall be final or binding unless it shall have received the approval of a majority of the board, and their names entered in the minutes. No member of said board shall receive any compensation for his services.

and cus

§ 8. The said board of commissioners are hereby empowered to have Control the control and custody of all funds contributed, or which may be appro- tody of priated, for the grading, laying out, improving, management and control funds. of said park and to disburse the same. Personal property may be donated, given or bequeathed to the said park commission for the purpose of the improvement or ornamentation of the said park and the approaches thereto upon such trusts and conditions as may be prescribed and accepted by the said park commission. All property so donated, given or bequeathed shall be subject to the exclusive management, direction and control of the said park commission.

kept.

§ 9. The said board of commissioners shall keep a book of minutes Minutes of all their proceedings in which shall also annually be entered a report to be of all moneys received and disbursed by them. The book of minutes of said board shall at all times be open to inspection by the trustees of said village. The said board of commissioners shall not have the power to create any debt or obligation against said village.

bond of

§ 10. Before entering upon the duties of his office the treasurer shall Official execute a bond to the said board of commissioners in such penalty and treasurer, with such sureties as the said board shall approve, conditioned that he etc. will faithfully perform the duties of his office and account for and pay over, according to law, all moneys that shall come into his hands as such treasurer. He shall pay out the said moneys on the order of the president, countersigned by the secretary, once a year, or oftener if required by the said board. He shall report to the board a statement showing the condition of the treasury and the several sums received and paid out during the year, when received and paid, and from and to whom, and shall deliver to his successor in office all moneys, books, vouchers and papers appertaining to the office.

cation of,

§ 11. It shall be lawful for the said board of commissioners, at any Ordinan meeting duly convened, to pass such ordinances as they may think ces; publinecessary for the use, regulation, protection and government of the etc. said park, the approaches thereto, the grounds, trees, shrubs, flowers, roads, pathways, fences and erections in and around it, and such ordinances shall upon their passage be published in the newspapers printed in said village for four successive weeks; and all persons offending against such ordinances shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished before any court of competent jurisdiction by a fine not exceeding one hundred dollars, or by imprisonment in county jail not exceeding six months, or by both such fine and imprisonment in the discretion of the court. Courts of special sessions or police courts, held in said village, shall have jurisdiction to hear and determine charges for violation of such ordinances. All moneys paid or collected for fines for violation of said ordinances shall be paid to said board of commissioners, and shall by them be disbursed as such board of commissioners.

§ 12. The police authorities of the village of Corning shall detail for Police. service in said park such number of policemen as the said board of

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