City may self land. May erect § 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. CHAP. 180. AN ACT authorizing the city of Buffalo to sell certain property and to erect buildings upon certain public grounds belonging to said city, with the proceeds of said sale. PASSED May 17, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The city of Buffalo is hereby authorized to sell and convey the lot of land on the corner of Pearl street and the terrace in said city, upon which the police head-quarters and chemical enginehouse number one are now situate, and also the lot of land on the south side of the terrace on which engine-house number seven is located. § 2. The said city is further authorized to erect upon any portion buildings. of the Cazenovia terrace which has been laid out and inclosed as public grounds, such buildings as may be necessary to answer the uses and purposes of any of the buildings now standing on the lands. hereby authorized to be sold. Moneys to ited with § 3. The moneys received upon the sale of the premises hereby aube depos- thorized to be sold shall be deposited with the treasurer of the city of treasurer. Buffalo as a special fund, and shall be applied upon the order of the common council of said city, to the erection of the buildings to supply the places of those standing upon the property which the said city may sell under the provisions of this act, and the purchase of any lands which may be necessary for such purposes. powers. § 4. This act shall take effect immediately. CHAP. 181. AN ACT to amend chapter four hundred and ninety-two of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Home for the Friendless in Northern New York." PASSED May 17, 1882; by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of chapter four hundred and ninety-two of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Home for the Friendless in Northern New York," passed May the twentieth, eighteen hundred and seventy-four, is hereby amended so as to read as follows: Corporate § 4. Said corporation shall have power to purchase and hold real estate sufficient for the actual occupation and for the necessary use of the association and to receive real and personal property by gift, devise or bequest in the same manner and subject to the same restrictions as provided in the general law for the incorporation of religious and benevolent associations, and to hold and convey such real estate and shall be deemed to be possessed of all the rights and be subject to the liabilities of corporations according to the provisions of title third, chapter eighteen, part first of the revised statutes, so far as the same may be applicable; provided however that the annual income of the real estate belonging to said corporation shall not exceed the sum of five thousand dollars. The buildings occupied by said association and the lots whereon such buildings are situated and the furniture belonging to them shall be exempt from taxation and assessment, except for state purposes. CHAP. 182. AN ACT in relation to Washington street in the city of Brooklyn. PASSED May 17, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: railway built in SECTION 1. None of the provisions of existing law shall authorize Elevated the construction or operation of any elevated, surface or underground or other steam-railway upon Washington street, from High street to the junc- not to be tion of Fulton street, Myrtle avenue and the said Washington street in Washingthe city of Brooklyn, except that the consent of a majority of the ton street, owners of the property, in numbers and in value thereof, on that por- consent of tion of Washington street herein described, be first obtained in writing. owners. § 2. This act shall take effect immediately. except on property CHAP. 183. AN ACT to amend chapter one hundred and eighty-six of the laws of eighteen hundred and seventy-eight, entitled "An act in relation to the city court of Yonkers." PASSED May 18, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section fifteen of title four of chapter one hundred and eighty-six of the laws of eighteen hundred and seventy-eight, entitled "An act in relation to the city court of Yonkers," is hereby amended so as to read as follows: used. § 15. The forms of process, pleadings and proceeding, and the man- Forms, ner of pleading and procedure prescribed by the Code of Civil Proced- etc., to be ure for actions, proceedings, provisional remedies and remedies in courts of record, shall be used in the city court of Yonkers, except as otherwise provided by this act. § 2. Subdivision five of section fifty of said act is hereby amended so as to read as follows: 5. On appeals to the general term of the supreme court, the prevail- Costs on appeal. Trustees may borrow issue bonds. ing party shall be entitled to the same costs as provided by law on CHAP. 184. AN ACT to authorize the trustees of the village of Oneonta, Otsego county, to borrow money to pay for a lock-up and to build and construct sewers in said village, and to issue bonds therefor. PASSED May 19, 1882; 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 the village of Oneonta, in the county of Otsego, are hereby authorized to borrow on the credit of said village money and the sum of ten thousand dollars at a rate of interest not exceeding five per centum per annum, payable annually and to issue the corporate interest bearing bonds of said village therefor signed by the president of the board of trustees and treasurer of said village and countersigned by the clerk of said board of trustees. The said treasurer may dispose of said bonds for the purpose of such loan but not less than par, said bonds to be issued in sums of one hundred dollars, five hundred dollars, and one thousand dollars. Bonds when due and payable. §2. The bonds so issued shall be due and payable at the office of the treasurer aforesaid, one thousand dollars and interest June one, eighteen hundred and eighty-three; one thousand dollars and interest June one, eighteen hundred and eighty-four; one thousand dollars and interest June one, eighteen hundred and eighty-five; one thousand dollars and interest June one, eighteen hundred and eighty-six ; one thousand dollars and interest June 1, eighteen hundred and eighty-seven; one thousand dollars and interest June one, eighteen hundred and eighty-eight; one thousand dollars and interest June one, eighteen hundred and eighty-nine; one thousand dollars and interest June one, eighteen hundred and ninety; one thousand dollars. and interest June one, eighteen hundred and ninety-one; one thousand dollars and interest June one, eighteen hundred and ninety-two; the bonds to be coupon bonds, each coupon to be signed by president. and treasurer; the amount so borrowed shall be deposited with the build lock- village treasurer and shall be used or so much thereof as shall be necessary to build lock-up and construct and build main sewer for main street in said village. Money to up and sewer. Lock-up. Sewer. Payments to be made on warrant. § 3. The trustees of said village shall have power to contract for and to build the lock-up for said village not to cost, aside from land, to exceed the sum of eight hundred dollars. § 4. The trustees shall have power to contract for the building of the said sewer as in their judgment shall seem the most advantageous and for the best interest of the village and to locate the same under the direction of some competent engineer. § 5. The treasurer shall pay over such moneys received under this act upon the warrant duly signed by the president of the board, and countersigned by the clerk thereof to pay for the construction of lockup and sewer aforesaid as the work progresses. § 6. The trustees of said village shall cause to be levied by tax upon Tax. the taxable property of said village such sum annually as shall be necessary to pay said bonds by this act authorized to be issued and the interest thereon as the same shall become due and the said treasurer shall apply the money so collected and paid to him to the payment of said bonds and the interest thereon when the same shall become due and payable. §7. The bonds so paid by the treasurer in any year shall be im- Paid bonds mediately defaced by him and at the first meeting of the board of trus- to be cantees they, the trustees, shall duly cancel said bonds after such payment thereof and the treasurer shall report to the trustees whenever called upon for that purpose the situation of his accounts connected with this loan. § 8. This act shall take effect immediately. CHAP. 185. AN ACT in relation to trustees of personal estates. PASSED May 19, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows: estate not supreme SECTION 1. Upon the death of a surviving trustee of an express trust, Trust the trust estate shall not descend to his next of kin or personal repre- to descend, sentatives, but the trust, if unexecuted, shall vest in the supreme but vest in court, with all the powers and duties of the original trustee, and shall court. be executed by some person appointed for that purpose under the direction of the court. But no person shall be appointed to execute said trust until the beneficiary thereof shall have been brought into court by such notice and in such manner as the court may direct. § 2. This act shall take effect immediately. CHAP. 186. AN ACT to amend chapter eighty-nine of the laws of eighteen hundred and fifty-seven, entitled "An act for the better support of the poor in the town of Fishkill, in the county of Dutchess.” PASSED May 19, 1882; 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 eighty-nine of the laws of eighteen hundred and fifty-seven, entitled "An act for the better support of the poor in the town of Fishkill, county of Dutchess," is hereby amended so as to read as follows: abolished, § 1. The office of overseer of the poor in the town of Fishkill, county Office of of Dutchess, is hereby abolished. There shall be one commissioner overseer for the support of the poor in said town, who shall have and possess and com-' all the powers and authority now vested by law in the overseers of the missi poor in towns, except as hereinafter provided, and shall be subject to appointed. the same duties and liabilities as such overseers. The said commis missioner Vacancy. Powers of commissioners. Compensation. sioner shall be appointed by warrant under the hand and seal of the supervisor, town clerk and justices of the peace of said town, or a majority of them, and shall hold his office until the last Thursday preceding the annual meeting of the board of supervisors of the county of Dutchess in the year eighteen hundred and eighty-three, and thereafter shall be appointed for the term of two years, at a meeting to be held by said board for that purpose, in the month of October next preceding the expiration of such term of said office. Any vacancy occurring in said office shall be filled for the balance of the term by the said board of officers. The said commissioner may be removed by the aforesaid board of officers for misconduct or abuse of said office, two-thirds of said board voting in favor of such removal, on notice of at least ten days to said commissioner, and an opportunity given him to make his defense. § 2. Section four is hereby amended so as to read as follows: 4. The said commissioner shall have and possess the following powers to visit the poor in said town, inquire and examine into their circumstances, the place of their former residences, their employments and the causes of their poverty; and a careful and accurate record of such information, in each case relieved, shall be embraced in the annual report of said commissioner and filed with said report, and said commissioner may grant relief to poor persons in conformity with the statute made and provided for overseers of the poor in towns; but such commissioner shall not grant relief to any person unless he has knowledge by personal examination, or from competent testimony, that such person is deserving and worthy of relief as provided by statute for the relief of the poor by overseers in towns. § 3. Section six is hereby amended so as to read as follows: § 6. The said commissioner shall receive such compensation as shall be agreed upon by the aforesaid board of officers. Said compensation may be a per diem allowance for services, not to exceed two dollars per day, or may be an annual salary based upon an estimate made by said board on the aforesaid consideration. § 4. Sections two, three and five are hereby amended so that where the word "commissioners," or words standing for or relating thereto occur, they shall be changed to read in the singular, so as to conform to the sections hereby amended. § 5. This act shall take effect immediately. CHAP. 187. AN ACT to amend chapter five hundred and nineteen of the laws of eighteen hundred and seventy, entitled "An act to amend the charter of the city of Buffalo," and the several acts amendatory thereof. PASSED May 20, 1882; three-fifths being present.* The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section nine of title fifteen of chapter five hundred and nineteen of the laws of eighteen hundred and seventy is hereby amended so as to read as follows: Not returned by the Governor within ten days after having been received by him and became a law without his signature May 20, 1882. |