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chapter two hundred and four of the laws of eighteen hundred and seventy-five, is hereby amended so as to read as follows:

be elected

town

§ 13. At the annual town meeting, in the towns of Otsego, Hart- Commis wick and Middlefield, in the county of Otsego, held next after the ioners to passage of this act, there shall be elected, in each of said towns respect- at annuai ively, in the same manner as other town officers are elected, three com- meeting. missioners successors to the said commissioners, or to the commissioners now or then in office, to carry into effect the purposes of the said acts and the laws amendatory thereof and supplementary thereto, who shall in each of said towns be divided by the electors thereof into three classes, to be numbered one, two and three; the term of office of the Term of first class shall be one year, of the second class two years, and of the office. third class three years, and one commissioner only shall thereafter annually be elected in each of such towns, who shall hold his office for three years, and until a successor shall be duly elected. The commissioners so elected shall be residents and freeholders of the towns for which they are to act as commissioners, and shall not be directors in said railroad company during the time they act as such commission

ers.

CHAP. 58.

AN ACT to amend chapter ninety-seven of the laws of eighteen hundred and eighty-one, entitled "An act to amend chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled 'An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.' "

PASSED April 10, 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 eight of chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," is hereby amended so as to read as follows:

supervis

88. For the services of supervisors except in the counties of New CompeusaYork, Albany, Rensselaer, Kings, Oneida and Erie, at the sessions of tion of their respective boards each supervisor shall receive from the county, ors. compensation at the rate of three dollars per day for each day's actual attendance thereat including the whole day of twenty-four hours; each supervisor shall also receive from the county for his services in making a copy of the assessment roll of his town, or ward, including the extension of the tax list to be delivered to the collector or receiver of taxes, compensation at the rate of three cents for each writtten line, for the first one hundred written lines on said roll and list, and two cents per line as aforesaid for the second hundred written lines, and one cent per line as aforesaid for all written lines in excess of three hundred: he shall also receive mileage at the rate of eight cents per Mileage. mile for once going and returning from his residence to the place where the sessions of the board shall be held by the most usual

* This act not having been returned by the Governor within ten days after it was presented to him, I hereby certify that the same became a law April 10, 1882.

No other compensa

received,

route for each regular or special session provided for by this act. No tion to be other compensation, fee, charge or allowance of any kind shall be made to any supervisor for his services, except such as shall be by law a town charge; and any supervisor, who shall receive or vote for any allowance in violation of the provisions of this section, shall be deemed guilty of a misdemeanor and shall on conviction pay for the use of the county such penalty as the court having cognizance of such offense shall judge, not exceeding two hundred and fifty dollars.

etc.

Penalty.

Expenses

gations.

But nothing in this section shall forbid the payment to any superon investi- visor of his actual expenses incurred in any investigation or other duty which may be lawfully committed to him by the board, and which shall require his attendance at any place away from where he shall reside, and five miles or more distant from the place where the board shall hold its sessions and all provisions of law inconsistent with this section are hereby repealed.

Corporat

ors.

§ 2. This act shall take effect immediately.

CHAP. 59.

AN ACT to incorporate the Buffalo Merchants' Exchange.
PASSED April 14, 1882.

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

SECTION 1. W. II. Abell, R. B. Adam, James Adams, John Allen, Jr., Geo. H. Bell, G. D. Barr, Howard II. Baker, D. E. Bailey, Conway W. Ball, Philip Becker, F. A. Bell, W. S. Bissell, R. Bullymore, W. Bullard, S. O. Barnum, A. D. Bissell, M. P. Bush, M. H. Birge, Cyrus Clarke, M. L. Crittenden, Thomas Chester, L. L. Crocker, C. G. Curtiss, Thomas Clark, George Dakin, Jacob Dold, J. P. Dudley, Leonard Dodge, Townsend Davis, F. L. Danforth, P. C. Doyle, E. W. Eames, E. T. Evans, John Esser, Frank W. Fiske, W. B. Flint, J. Firmenich, C. M. Farrar, Oscar F. Flint, S. H. Fish, James G. Forsyth, James Fowler, S. C. Forbush, W. H. Gratwick, John Greiner, Chas. II. Gibson, S. S. Guthrie, John B. Griffin, W. H. Glenny, F. H. Goodyear, E. L. Hedstrom, A. J. Hoole, Nelson Holland, C. J. Hamlin, Geo. S. Hazard, R. R. Hefford, Henry H. Hale, J. M. Hutchinson, H. J. Harvey, G. B. Hayes, Wm. Hengerer, James C. Harrison, Philip Houck, R. L. Howard, Geo. Howard, Nelson K. Hopkins, Sherman S. Jewett, N. F. Kerr, C. Klink, Irving Kester, J. D. Lupher, H. W. Linderman, J. B. Manning, Wm. Meadows, C. J. Mann, Geo. W. Miller, A. W. Morgan, J. F. Moulton, J. J. McWilliams, James N. Matthews, C. W. McCune, D. E. Newhall, H. G. Nolton, R. K. Noye, W. H. H. Newman, Pascal P. Pratt, Frank Perew, F. S. Pease, Jay Pettibone, J. M. Richmond, Nathaniel Rochester, O. P. Ramsdell, F. Root, B. C. Rumsey, Thomas Robinson, J. N. Scatcherd, George Sandrock, E. B. Smith, N. C. Scoville, H. J. Shuttleworth, Solomon Scheu, J. F. Schoellkopf, E. G. Spaulding, C. A. Sweet, G. A. Stringer, James R. Smith, E, L. Stevenson, Geo. W. Tifft, Thomas Thornton, James Tillinghast, George Urban, Geo. H. Van Vleck, A. P. Wright, John White, W. H. Walker, Frank Williams, G. T. Williams, L. C. Woodruff, C. G. Worthington, C. J.

Wells, James D. Warren, W. G. Winslow, William Thurstone and G. A. Schaeffer, with their associates, and all other persons who shall become members thereof, are hereby constituted a body corporate, by the name of the "Buffalo Merchants' Exchange." The said corporation, Name. shall have perpetual succession, with power to sue and be sued, to make and use a common seal, and alter the same at pleasure.

§ 2. The said corporation shall have power, in and by their cor- Corporate porate name, to purchase, lease, hold and mortgage real or leasehold powers. estate in the city of Buffalo, and to erect thereon a building for the purpose of a merchants' exchange, and such other purposes as may, in the opinion of the trustees of said corporation, tend to carry out the design of such institution, and promote the convenient transaction of the business of dealers in grain, flour, provisions, oil, coal, lumber, iron, and all other kinds of property in the city of Buffalo; and when said building shall have been obtained or erected, they shall have power to lease the same or parts thereof, and to receive the rents and profits arising from said rents, and apply the same as the board of trustees shall direct.

direction

tees, elec

§ 3. All the affairs, concerns and business of such corporation shall Affairs to be managed and conducted by and under the direction of thirteen be under trustees, who shall be citizens of this state, and who shall be elected of trusannually on the second Wednesday in January in each year, by ballot, tion of, by plurality of the votes of the members voting, and if for any cause notice, etc. such election shall not be then so held, the said corporation shall not be deemed dissolved, but such election shall be held within six months thereafter. Notice of the time and place of every such election shall be published for one week at least, immediately preceding the day appointed therefor, in one or more of the daily newspapers printed and published in the city of Buffalo.

trustees.

§ 4. The first trustees shall be John B. Manning, Jac. F. Schoell- First kopf, A. P. Wright, J. N. Scatcherd, Edward B. Smith, C. A. Sweet, Pascal P. Pratt, H. G. Nolton, Wm. Meadows, E. L. Hedstrom, Wm. Hengerer, J. M. Richmond, Philip Becker, who shall continue in office until others shall be chosen in their places; and so from time to time, the trustees who may be duly elected shall continue in office and hold over until others shall be duly elected in their stead. This section shall not be so construed as to prevent an outgoing trustee from being eligible to an election as a new trustee.

§ 5. The trustees aforesaid, or the survivors of them, and those who officers. may from time to time, be duly elected, shall by a majority vote, as soon as may be after their election, appoint from among their number a president, vice-president and treasurer, and may reappoint or remove the same or any of them at pleasure. And such trustees shall have Vacancies, power to fill vacancies in their board, occasioned by death, resignation, removal from the state, or legal incapacity, and to make all such bylaws not inconsistent with the laws of this state or the United States, as they may deem proper for the management of the affairs of such corporation, and they shall have power to alter or amend the said bylaws from time to time.

§ 6. A majority of the trustees for the time being shall constitute a quorum. quorum for the transaction of business, and all committees, officers, clerks or servants authorized or created by this act or by the by-laws of this corporation shall be appointed by the trustees aforesaid, and said Trustees' trustees may from time to time reconstruct, repair, alter or remodel any repair, edifice or edifices standing or to be erected on any real or leasehold estate etc., edithat may be acquired or held by said corporation pursuant to the pro

power to

fice, etc.

Arbitration committee.

Powers of.

Investment of surplus funds.

Admission fees and annual dues.

Public act.

visions herein before contained; provided, however, that the said corporation shall, so long as they retain said premises reserve, and set apart a suitable space to be used for the ordinary purpose of said merchants' exchange, on such terms and under such rules and regulations as the trustees may prescribe.

§ 7. The trustees aforesaid shall, as soon as may be, each and every year after their election, appoint a committee to consist of three persons, which shall be known and styled the arbitration committee of the Buffalo Merchants' Exchange, and the members of said corporation and the persons who may become members thereof, and all persons claiming by, through or under them, may, under the limitations and subject to the restrictions imposed by the provisions of the statutes of the state of New York relative to arbitration, submit to the decision of said committee any controversy existing between them which might be the subject of an action, and may agree that a final judgment in a court of record to be by them designated shall be rendered on any award made pursuant to such submission.

§ 8. The arbitration committee so appointed as aforesaid shall possess the same powers, be subject to the same duties and disabilities as appertain to arbitrators by the laws of the state of New York; and awards made by them must be made and may be enforced as therein and thereby directed, and all the provisions contained in the Code of Civil Procedure of the state of New York relating to arbitrations, and all acts amendatory or in substitution thereof shall apply to proceedings had before the said arbitration committee as if specially incorporated herein, except that the judgment to be rendered in the manner therein directed, or any award made by them, as aforesaid, shall not be subject to be removed, reversed, modified or appealed from by the parties interested in such submission as aforesaid.

$9. It shall be lawful for the board of trustees, at any time on the written request of a majority in number of the members of said corporation, to invest any surplus funds in the treasury at the time, over and above the amount necessary to pay all outstanding indebtedness of said corporation, in the stock or bonds of any company that may be formed in the city of Buffalo under and in pursuance of the provisions of an act entitled, "An act to authorize the formation of corporations for the erection of buildings," passed April fifth, eighteen hundred and fifty-three, and of any acts of the legislature amendatory thereof or supplementary thereto, or of any other corporation that may be organized pursuant to law, for similar purposes.

§ 10. No person shall be entitled to membership in said corporation until he shall have paid to the treasurer thereof an admission fee of one hundred dollars. The annual dues of each member for the first year shall be the further sum of twenty-five dollars. Such admission fee and dues may, however, from time to time, after the first year, be changed and fixed at such amounts respectively, as shall be determined by the by-laws to be adopted as herein before provided.

§11. This act shall be treated and considered as a public act, and nothing herein contained shall be construed or held as intending to confer any banking or insurance privileges.

§ 12. This act shall take effect immediately.

CHAP. 60.

AN ACT o amend chapter four hundred and eighty-two o the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration and to regulate the compensation of supervisors.'

PASSED April 14, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision six of section one of chapter four hundred and eighty-two, of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," as amended by chapter two hundred and fifty-seven of the laws of eighteen hundred and seventy-six, is hereby further amended so as to read as follows:

to repair

etc.

taxed.

§ 6. To authorize any town or towns liable for the erection, care, re- To authorpair, and maintenance, in whole or in part of any bridge (except on the ize towns Hudson river below Waterford, and on the East river, or over the bridges, waters forming the boundaries of the state) to erect, repair and maintain the same, and to borrow such sums of money, in the manner provided in subdivision twenty-nine of this section, as may be necessary for the purposes of such erection, repair and maintenance, and to pay any debt incurred in good faith by or in behalf of such town or towns for such purpose before or after the passage of this act. But no Must be on authority shall be exercised under this subdivision, except upon the ap- applicaplication of a town liable to be taxed for such purpose, to be made by town liable vote of a majority of the electors thereof voting at a regular town meet- tad ing, or at a special town meeting called for the purpose, or upon the application of the supervisor, by and with the consent of the commissioner of highways, town clerk and justices of the peace of such town. If any town, at a regular town meeting held between the first day of Certain February, eighteen hundred and seventy-five, and the passage of this declared act, shall have elected commissioners for the purpose of building a valid. bridge and providing money to pay for the same by the issuing of bonds or otherwise, such bonds, not exceeding the amount authorized at such town meeting, are hereby authorized and declared valid; but said bonds shall not be sold or otherwise disposed of for less than par. And the Tax. board of supervisors shall levy a tax on such town for the payment of such indebtedness at such times and in such amounts as may be necessary to meet the obligations incurred by said commissioners in pursuance of instructions given by such town at the time of electing said commissioners.

§2. This act shall take effect immediately.

8

So in original

bonds

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