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to any such street, highway, bridge, culvert, sidewalk or crosswalk,
shall within three months after the happening of such damage or in-
jury be presented to the common council of such city, by a writing
signed by the claimant and verified, which shall state the time, place,
cause and extent of the damage or injury received. The failure to
present such claim as aforesaid, within the said three months, shall be
à bar to any action or proceeding against such city for or on account of
such damage or injury. No action against such city or any of the
officers thereof, for such damage or injury, shall be maintained unless
it shall be commenced within one year after the accident or occurrence
from or at which such damage or injury originated.

§ 2. This act shall take effect immediately.

CHAP 295.

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How to be expended.

AN ACT making an appropriation to continue the work on

the new capitol building and to authorize the appointment,
by the governor, of a commission who shall cause to be
surveyed and examined the different parts of the new capi-
tol as to the safety and durability of the work.

PASSED June 5, 1832 ; three-tifths being present.
The People of the State of New York, represented in Senate and

Assembly, do enact as follows :
$1,000,000, SECTION 1. The sum of one million dollars is hereby appropriated
appropri- out of any unexpended balauces in the treasury of the state to con-

tinue the work on the new capitol building, which amount shall be
paid by the treasurer upon the warrant of the comptroller, to the
order of the new capitol commissioners, as they shall require the same.
The sum hereby appropriated is to be exclusive of, and in addition to,
the sums appropriated by chapter seven of the laws of eighteen hun-
dred and eighty-two.

$ 2. The sum appropriated by section one of this act shall be es-
pended for completing entire the unfinished walls of the west center,
and the pavilion adjoining north and south, and the completion entire
of the roofs of the west center and adjoining pavilions north and
south, and for the completion entire of chambers for the court of
appeals and the state library as hereinafter provided; but no portion
of said appropriation shall be expended upon material or work for a
main tower, the east front approaches or grounds, the porticoes east,
west, north or south, the east or west staircases or other staircases;
and the plans and specifications for the parts to be completed by said
appropriation shall be furnished complete to the new capitol commis-
sioners by the architects on or before July first, eighteen hundred
and eighty-two, and accepted or rejected by them, or the judges of
the court of appeals, or the trustees of the state library, on or before
August first, eighteen hundred and eighty-two as hereinafter provided:
Provided, however, that one hundred thousand dollars of the above
sum may be expended as may be required by the commissioners of the
new capitol for such interior work and furnishing not herein men-
tioned as they may deem proper.

§ 3. The said commissioners shall provide a chamber and other Orrappenatis

. suitable and adequate accommodations for the court of appeals in such

Chamber for court


Work on


portion of the unfinished interior of the new capitol building as they may select, and the plans and specifications for the completion of such chamber and rooms for said court shall be submitted by the said commissioners to the judges of the court of appeals for their acceptance or rejection on or before August first, eighteen hundred and eighty-two, and when such plans shall be accepted by said judges on the written certificate, of the chief judge to said commissioners, they shall immediately proceed with the work of completion of said chamber and rooms according to such approved plans and specifications, and cause the same to be completed with all possible diligence.

§ 4. There shall be constructed, in such unfinished parts of the Rooms for interior of the new capitol building as the commissioners shall desig- state libnate, an adequate and suitable room and rooms, for the accommodition of the state library and the trustees thereof, and the commissioners are hereby directed to submit plans therefor as provided in section one of this act, to said trustees for their acceptance or rejection on or before August first, eighteen hundred and eighty-two, and if such plans are accepted by said trustees, and their acceptance, duly certified in writing to said commissioners, said commissioners shall proceed to carry out such plans to a completion, by the prosecution of the work as rapidly as possible.

§ 5. The work provided for in sections one, two, three and four of Not to this act shall not supersede work now in progress on the east center for spessado (front) nor the north-east pavilion, nor in the south-west pavilion nor east conter of the completion of the furniture of the rooms of the Adirondack Credit, survey of said building, but the said commissioners are hereby directed to complete such parts according to the plans now in progress, up to the roof line.

$ 6. It shall be the duty of the new capitol commissioners to require Architects of the architects detailed and specific plans on or before October first, to furnish eighteen hundred and eighty-two, for the completion of the front ap- plaiis for proach and entrance, and the west approach and entrance and the complenorth and south porticoes, and the cast and west staircases of said front ap

proach, building, which plans shall be in a suitable condition whereon esti- etc. mates may be made, and such plans and specifications shall be submitted to the finance committee of the senate and the committee of ways and means of the assembly, on or before January fifteenth, cighteen hundred and eighty-three, accompanied with a report of said commissioners as to what sum, in their opinion, will be necessary to complete the said separate parts according to said plans as mentioned in this section,

§ 7. The rooms and apartments now occupied in the new capitol Rooms building exclusively by the senate and assembly, executive department, declared adjutant general, superintendent of insurance, superintendent of pub- completlic instruction, superintendent of state prisons, secretary of state, placed unstate entomologist, Adirondack survey, state survey, state board of dorcon bealth and department of military statistics are hereby declared com- officers, pleted, and it shall not be liwful for the new capitol commissioners to expend any portion of the appropriation named in section one of this act in any room exclusively occupied by the departments named in this section, and the recognized authority in suid departments hereafter shall be in the senate the clerk of the senate, and in the assembly, the clerk of the assembly, and in the other departments the elective or appointed head of said department.

§ S. The furnishing of ali the material and the doing of the work work. provided for in the preceding sections of this act shall be by contract store barnehage

tion of



etc., named.


by contract.

Cummis. sion to be appointto examine and


furnished or contracts except the purchase of such materials not exceeding five

hundred dollars in any one item or amount or in the doing of any labor by day's work, as in the concurrent opinion of the commissioners the interests of the state require should be so done.

$ 9. There shall be appointed by the governor of the state a commiss consist of two architects and one civil engineer, who shall

survey and examine.the different parts of the new capitol, as to the report on safety and durability of the work, more especially as concerns the safety,

assembly chamber, and the ceiling thereof, and the commission shall report within the next four months, recommending such alterations or changes as they may deem necessary to insure the safety of the dif

ferent parts of the building. $5,000 ap- § 10. The sum of five thousand dollars or so much thereof as may propri

be necessary, is hereby appropriated for the purposes mentioned in

section nine of this act, out of any moneys now in the treasury and hamed in not otherwise appropriated; and that the state comptroller be directed

to draw his warrant upon the requisition of the governor for such a sum as is herein named, or such part thereof as may be necessary to meet the expenses of the commission.

8 11. This act shall take effect immediately,


for pur


sectiou 9.

CHAP 296.
AN ACT to provide ways and means for the support of


PASSED June 5, 1882 ; tbree-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Tax for

SECTION 1. There shall be imposed for the fiscal year, beginning on the first day of October, eighteen hundred and eighty-two, on each dollar of real and personal property of this state, subject to taxation, taxes for the purposes hereinafter mentioned, which taxes shall be assessed, levied and collected by the annual assessment and collection of taxes for that year, in the manner prescribed by law, and shall be paid by the several county treasurers into the treasury of this state, to

be held by the treasurer for application to the purposes specified, that Ninety

of govern-

is to say: For the general fund and for the payment of those claims

and demands which shall constitute a lawful charge upon that fund of mill for during the fiscal year commencing October first, eighteen hundred and general fund.

eiglity two, ninety-three one-hundredths of a mill. For the free One and school fund, for the maintenance of common schools one mill and oneone tenth tenth of one mill.

three one hundredths

imill for schools.

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AN ACT for the relief and incorporation of the Union Ceme

tery Association of the town of Royalton, in the county of Niagara.

PASSED June 6, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The Rural Cemetery Association, known as the Union Associ: Cemetery Association of the town of Royalton, is hereby declared to be ation, deduly incorporated, notwithstanding its certificate of incorporation has duly incornever been recorded or filed, and has been lost, and cannot, after due porated. diligence, be found, and that George Dysinger, Daniel Frantz, Henry Trustees. Harpst, Spellman Underwood, Gotlob D. Wicherman and Henry Ernst, the present acting trustees of said cemetery association, be the trustees of said incorporation and hold their office until March first, eighteen hundred and eighty-three, and until their successors shall be elected.

§ 2. All conveyances, contracts or agreements heretofore made by Conveyor to such association, or any of its trustees, or to any other person or abgerintein persons for the use and benefit of said association, are hereby ratified and confirmed, with the same force and effect as if the certificate of incorporation of said association had been duly filed and recorded, and the title to the lands now used, held and occupied by said association as a cemetery shall vest in the corporation hereby created, and which is described as follows, namely: All that tract or parcel of land situate Descripin the town of Royalton, county of Niagara, and state of New York, than estate and known as being part of lot number three, section thirteen, town- held by ship fourteen and range five, of the Holland Land Company's land ation. (so called), bounded and described as follows: Commencing at a point in the center of the highway, at a point which is the south-east corner of the Baptist church lot, and which point is also nineteen chains and eighty-three links easterly from the west line of said lot three, measuring along the center of said high way ; thence north, six degrees east, three chains fifty-two links; thence north, eighty-six degrees east, four chains eighty-eight links; thence south, five degrees east, three chains and forty-four links to the center of said highway; thence westerly along the center of said high way, five chains fifty-three links to the place of beginning, containing one acre and eight-tentlıs of an acre of land more or less.

$ 3. The trustees of said incorporation are hereby authorized to pur- Trustees chase and hold additional lands, to be used as a cemetery, but not es- chaland ceeding ten acres. And said trustees shall have all the powers conferred hold addiupon the trustees of incorporated rural cemetery associations by chap- lands. ter one hundred and three of the laws of eighteen hundred and fortyseven and the acts amendatory thereof, and by chapter four hundred and two of the laws of eighteen hundred and sixty-eight and the acts amendatory thereof.



may pur

CHAP 298.

sentations made to legislature.



possess tlie

AN ACT to incorporate the Vassar Brothers Hospital in the

city of Poughkeepsie.

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: Repre- SECTION 1. It being represented to this legislature that Matthew

Vassar, Jr., late of the city of Poughkeepsie, departed this life in the month of August, eighteen hundred and eighty-one, possessed of a large real and personal estate, the bulk of which personal estate, by his will, he devoted to the establishment and maintenance of a hospital in said city, naming for that purpose certain trustees to manage and conduct the same, and that as soon as practicable after his decease, to cause a hospital to be incorporated and to be located in the city of Poughkeepsie, with proper acts to incorporate, secure and perpetuate

said hospital; and application having been made accordingly : Corpo- Now, therefore, be it enacted, that the trustees named in the said

will of Matthew Vassar, Jr., to-wit: John Levy Vassar, Irene B. Vassar, Oliver H. Booth, James H. Weeks, Stephen M. Buckingham, IIenry L. Young, and Joseph M. Cleveland, and all such persons as may hereafter be associated with them in the manner prescribed by the by-laws of the corporation hereby created ; and their successors

are hereby incorporated and declared to be a body politic and corpo Name and rate, by the name of “Vassar Brothers Hospital,” and may sue and be

sued in the courts the same as natural persors, and shall
powers, and be subject to the liabilities prescribed by law relating to
charitable institutions.

$ 2. The direction and management of the affairs of the said corporation, and the control and disposal of its property and funds shall be vested in the said trustees and their successors. In case of any vacancy from death, resignation or otherwise of any of the individual trustees or their successors, then, and in every such case, the vacancy so occurring shall be supplied by the surviving or remaining trustees from male citizens then residents of the county of Dutchess.

$ 3. So much of the real estate of this corporation as is occupied for from tax- the purposes of a hospital, and all its personal property, shall be exempt ation. from taxation; the corporation shall be entitled to the benefit of the

provisions of law relating relating* to charitable institutions.

$ 4. The trustees of said corporation shall elect one of their number president, who shall hold his office during their pleasure, and they may also elect or appoint, and at any time remove, a vice-president, secretary and a treasurer, and such other officers as in their judgment the management of its affairs may require, and in accordance with provisions of the by-laws adopted by them.

$ 5. The said corporation shall be and is hereby empowered : Specific 1. To demand and receive from the trustees under the said will of

Matthew Vassar, Jr., deceased, as proved on the twenty-fourth day of August, eighteen hundred and eighty-one, and recorded in the office of the surrogate of the county of Dutchess, on the twenty-fourth day of August, eighteen hundred and eighty-one, the real estate heretofore purchased by them, and whereon they design erecting said hospital,

* So in original.

Management oť allairs.

Real estate


corporate pow ers

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