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same in the following manner : there shall be assessed against each assessed, owner such a proportion of the entire expense of improving said road as the number of feet frontage of such owner on said road bears to the entire number of feet frontage on said road. Where other roads or streets abut on such road, the assessment shall be made against the town in which such roads or streets are situated, for such proportion of the total expense of such improvement as the number of feet width of such roads or streets bears to the whole number of such improved road. The tas-list, when completed, shall be verified by the oath of the commissioners and be filed in the office of the clerk of the town, and a copy delivered to the supervisor, who shall present the same to the board of supervisors of the county at their next succeeding annual session, and the said board shall cause such tax to be levied and collected in the same manner as other taxes are levied and collected by their authority. The tax for such road district shall be stated in the assessment-roll of the town in a separate item from other taxes. The avails of such tax, when collected, shall be paid to said commissioners, and shall by them be applied to the purposes only for which such tar was raised. This section shall apply to all districts heretofore constituted in which the assessments have not been made and the money coilected thereon.

$ 4. Section two of chapter three hundred and seventy-three of the laws of eighteen hundred and seventy-six, entitled “ An act to provide for the formation of road districts in certain cases within the corporate jurisdiction of plank and turnpike road companies, and for the maintenance and improvement of roads therein,” is hereby amended so as to read as follows :

$ 2. Wherever a road district shall be constituted as provided in Commisthe preceding section, the said court shall appoint, under its seal, sioners to three commissioners, whose duties shall be as herein prescribed, and in pointed. addition thereto they shall possess the same powers in regard to saiul road district as are possessed by commissioners of high ways of towns. Before entering upon the duties of their office, the commissioners shall Official take and file in the office of the clerk of the town in which they shall banaand reside the constitutional oath of office, and shall execute to the supervisor of the town a bond for such amount as the supervisor shall. prescribe, with sufficient sureties to be approved by him, and con. ditioned for the faithful performance of their duties.

85. This act shall take effect immediately

CHAP. 290.

AN ACT in relation to sales and purchases of lands by corpo

rations.

PASSED June 5, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Any corporation which shall have sold and conveyed Lands any part of its real estate, may, notwithstanding any restriction in its be taken charter, purchase, take and hold, from time to time, any lands adjacent and held to those already held by it; provided the supreme court shall anthor- rations. ize snch purchase, taking and holding upon the application of such corporation, and on being satisfied that the value of all lands proposed

to be so purchased shall not exceed that of lands sold and conveyed by the said corporation within the three years next preceding such application.

§ 2. This act shall take effect immediately.

CHAP 291.

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powers

of.

AN ACT to amend chapter two hundred and twenty-nine of

the laws of eighteen hundred and seventy, entitled®“ An act to organize and establish a police for the city of Schenectady.”

PASSED June 5, 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 eighteen of chapter two hundred and twentynine of the laws of eighteen hundred and seventy, entitled “ An act to organize and establish a police for the city of Schenectady,” is

hereby amended so as to read as follows: Policemen, $ 18. The policemen authorized to be appointed by this act shall and duties have the same power and authority in criminal cases as constables

possess by law. Such policemen shall also have power and authority, without any warrant or other process, to arrest and take into custody, in said city, all vagrants, common prostitutes, drunkards or other disorderly persons, and also any person who, in the presence or within the view of such policeman, shall commit, or attempt or threaten to commit, any crime, misdemeanor or breach of the peace, or a violation of any of the penal ordinances of the common council of such. city. Such arrest without process, however, shall be made only at the time of the commission of the offense or within a reasonable tinie thereafter, and the party arrested shall be taken immediately to the police station, and the officer making the arrest shall make a complaint, for the commission of the offense for which the arrest was made, to the police justice or some other magistrate having authority to receive complaints and issue warrants, as soon as practicable. Such policemen shall also have the same power and authority which a constable possesses in civil cases and special proceedings, so far as serving and executing all process and papers in any action or proceeding in behalf of the city of Schenectady, or any officer of such city suing as such, including proceedings in bastardy cases, is concerned, but not otherwise. In all cases in which they are authorized to act, they shall possess the same powers, perform the same duties, and be subject to the same liabilities as constables, except as herein otherwise provided. They shall execute the orders and commitments of the police justice of said city of Schenectady, and of all justices of the peace in said city in criminal cases, and of all courts held by him or them for the trial of criminal cases. They shall convey all persons sentenced by him to confinement in any jail, penitentiary or house of refuge, to such place of confinement, and they shall serve and execute all civil process or proceedings

issued or directed by any officer or court of said city in favor of said May exe.

city, or in which said city shall be a party. And any warrant for

search or arrest, issued by any magistrate of the state of New York, any part of may be executed in any part of the state, by any of such policemen,

In civil cases.

cute warrant in

without any indorsement of such warrant, and according to the terms the state thereof. And all the provisions of sections seven, eight and nine of widberget chapter two, title two, part four of the Revised Statutes, in relation to ment. the giving and taking of bail, shall apply to this act.

$ 2. This act shall take effect immediately.

CHAP. 2.

be

cars, etc.

AN ACT to regulate the standard of illuminating oils and fluids for the better protection of life, health and property.

Passed June 6, 1882 ; three-fiftlis being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. No person, company or corporation shall manufacture oils emitor have in this state, or deal in, keep, sell or give away, for illuminat- ting juflaming or heating purposes in lamps or stoves within this state, oil or por which burning fluid, whether the same be composed wholly or in part of belos iuo naphtha, coal oil, petroleum or products manufuctured therefrom, or degrees of other substances or materials, which shall emit an inflammable helt hine vapor which will flash at a temperature below one hundred degrees by ti berecha the Fahrenheit thermometer, according to the instrument and methods or sold. approved by the state board of health of New York.

$ 2. No oil or burning fluid, whether composed wholly or in part of oils that coal oil and petroleum or their products, or other substance or mater- W 1:0 ial, which will ignite at a temperature below three hundred degrees Fahrenby the Fahrenheit thermometer, shall be burned in any lamp, vessel to be or other stationary fixture of any kind, or carried as freight, in any burned in passenger or baggage car, or passenger boat moved by steam power in this state, or in any stage or street car drawn by horses. Exceptions as regards the transportation of coal oil, petroleum and its products are hereby made when the same is securely packed in barrels or metallic packages, and permission is hereby granted for its carriage in passenger boats moved by steam power when there are no other public means of transportation. Any violation of this act shall be deemed a penalty misdeameanor and subject the offending party or parties to a penalty for violanot exceeding three hundred dollars, or imprisonment not exceeding this act. six months, at the discretion of the court.

$ 3. It shall be the duty of the state board of health of New York Board of to recommend and direct the nature of the test and instruments by health to which the illurninating oils, as herein before described, shall be tested nature of in accordance with this act. It shall be the duty of the public analysts who may now be employed by the state board of health, or who may be hereafter appointed, to test such samples of suspected illuminating oils or fluids as may be submitted to them under the rules to be adopted by the said boarı), for which service the said board shall provide reasonable compensation at the first quarterly meeting of the state board of health held after the passage of this act; it shall adopt such measures as may seem necessary to facilitate the enforcement of this act, and prepare rules and regulations with regard to the proper methods of collecting and examining suspected samples of illuminating oils, and the state board of health shall be authorized to Appropriexpend, in addition to all sums already appropriated for said board, ation.

test.

ete, not standing test may be used.

district attorneys to pr(.secute.

an amount not exceeding fire thousand dollars for the purpose of carrying out the provisions of this act. And the sum of five thousand dollars is hereby appropriated, out of any moneys in the treasury not

otherwise appropriated for the purposes of this section provided. When oils, $ 4. Naphtha and other light products of petroleum which will not

stand the flash test required by this act may be used for illuminating or heating purposes only.

In street lamps and open air receptacles apart from any building, factory or inhabited house in which the vapor is burned.

In dwellings, factories or other places of business when raporized in secure tanks or nietallic generators made for that purpose in which the vapor so generated is used for lighting or heating.

For use in the manufacture of illuminating gas in gas manufac

tories, situated apart from dwellings and other buildings. Duty of $ 5. It shall be the duty of all district attorneys of the counties in

this state to represent and prosecute in behalf of the people, within their respective counties, all cases of offenses arising under the provisions of this act.

$ 6. Nothing in this act shall be so construed as to interfere with with other the provisions of chapter seren hundred and forty-two of the laws of

eighteen hundred and seventy-one, as regards the duties of the named.

bureau of combustibles of the city of New York, or any other statutes not conflicting with this act, provided that nothing in this act shali be deemed to interfere with or supersede any regulation for the inspection and control of combustible materials in any city of this state made and established in pursuance of special or local laws or the charter of said city.

$ 7. All acts or parts of acts inconsistent with this act are hereby repealed.

$ 8. This act shall take effect sixty days after its passage.

Not to

statutes

CHAP 298.

AN ACT to amend chapter five hundred and thirty-seven of

the laws of eighteen hundred and seventy-one, entitled " An act requiring commissioners of towns, cities and villages appointed under the several acts to facilitate the construction of railroads in the state to present bonds and coupons paid by them before the boards of auditors in towns, cities and villages, and providing for the cancellation and preservation of the same."

PASSED June 6, 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 five hundred and thirty-seven of the laws of eighteen hundred and seventy-one, entitled “ An act requiring commissioners of towns, cities and villages avointed under the several acts to facilitate the construction of railroads in the state to present bonds and coupons paid by them before the boards of auditors in the towns, cities and villages, and providing for the cancellation

* So in original.

have been

and preservation of the same,” is hereby amended so as to read as follows:

§ 1. The commissioners appointed under and by virtue of the sev- Commiseral acts to facilitate the construction of railroads in this state, and sioners to who have been duly authorized under said laws to issue bonds of any town town, city or village therein, are hereby required to present before the audits boards of auditors of their respective towns, cities or villages, whose which duty it is annually to examine and audit the receipts and disburse- paid. ments of either town, city or village officers, at each annual meeting of said boards of town auditors, or the auditing board in any city or village, all snch bonds and coupons thereof which have been paid by them respectively during the year then ending ; also to render a writ- To make ten statement or report annually to said board, showing in items all annual retheir receipts and expenditures with vouchers. It shall be the further To invest duty of said commissioners to loan on proper security or collaterals or more pot deposit in some solvent bank or banking institution, at the best rate current of interest they may be able to obtain, or invest in the bonds of their liabilities. respective towns all moneys that shall come into their hands by virtue of their office, and not needed for current liabilities; and all interest or earnings accruing from such loans or deposits shall be credited to their respective towns, cities or villages, and accounted for in their annual settlements with the said boards of auditors.

§ 2. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 3. This act shall take effect immediately.

CHAP 294.

AN ACT to amend chapter three hundred and eighty-five of the

laws of eighteen hundred and sixty-two, entitled “ An act to amend and consolidate the several acts relative to the city of Schenectady.”

PASSED June 5, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Title one of chapter three hundred and eighty-five of the laws of eighteen hundred and sixty-two, entitled “ An act to amend and consolidate the several acts relative to the city of Schenectady,” is hereby amended by adding thereto a new section, which shall be known as section four, which shall read as follows:

$ 4. The city of Schenectady shall not be liable for the damage or City not injury sustained by any person in consequence of any street, highway, Lamazes, bridge, culvert, sidewalk or crosswalk in said city being defective, out except on of repair, unsafe or dangerous, or obstructed by snow or ice or in any unsere way or manner, unless actual notice of the defective, unsafe, dangerous condition or obstructed condition of such street, highway, bridge, culvert, side- eto. walk or crosswalk shall have been given to the common council or to the superintendent of streets of said city at least twenty-four hours previous to such damage or injury. All claims against the city of Claims to Schenectady for damage or injury alleged to have been caused by the be pre defective, unsafe, dangerous or obstructed condition of any street, writing. highway, bridge, culvert, sidewalk or crosswalk of or in said city, or by the negligence of such city or any of its officers thereof in respect

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