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Section seven hundred and twenty-five is amended so as to read as follows:

$ 725. Nothing in this code affects any of the provisions of the Provisions following statutes . but such statutes are recognized as continuing in plstatutes force, notwithstanding the provisions of this code ; except so far as affected. they have been repealed or affected by subsequent laws :

1. All acts incorporating muncipal corporations, and acts amending acts of incorporation or charters of such corporation, or providing for the election or appointment of officers therein, or defining the powers and duties of such officers.

2. All acts relating to emigrants or other passengers in vessels com ing from foreign countries, except as provided in section six hundred and twenty-six of this code.

3. All acts for the punishment of intoxication or the suppression of intemperance or regulating the sale or disposition of intoxicating or spirituous liquors.

4. All acts defining and providing for the punishment of offenses and not defined and made punishable by this code.

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appropri.

AN ACT making an appriation* for the commissioners of

emigration.

PASSED July 1, 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 sum of two hundred thousand dollars, or as much $200.000 thereof as may be necessary, is hereby appropriated out of any moneys ated in the treasury not otherwise appropriated, for the purposes of defraying the current expenses of the commissioners of emigration ; and for needed repairs and improvements to the property belonging to the state, and for which latter purpose fifty thousand dollars of the above amount or so much thereof as may be necessary is exclusively appropriated and the comptroller of the state is hereby authorized and directed to draw his warrants upon the treasurer of the state, who will pay the same to the commissioners of emigration, for such amounts as they may require from time to time, for the said purposes.

§ 2. This act shall take effect immediately.

CHAP.886.

AN ACT for the construction of a sewer for the Buffalo State

Asylum for the Insane, and to make an appropriation therefor.

Passed July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do encct as follows:

SECTION 1. The sum of sixteen thousand dollars is hereby approp- $10,000 riated out of any unexpended balances in the treasury of the state, or appropri

* So in original,

construc

tion of sewer.

How to be built.

engineer to make

Materials, etc., to be by contract.

80 much thereof as may be necessary, to construct a sewer from the hospital buildings of “ The Buffalo State Asylum for the Insane,” to the Niagara river, which amount shall be paid by the treasurer, upon the warrant of the comptroller, to the order of the state engineer, as he shall require the same.

8 2. Such gewer shall be constructed under the supervision of the state engineer, and shall be laid through the streets of the city of Buffalo at such points and places as shall be approved of by its common council, and across the lands of the state at the south-westerly end of Forest avenue in said city, and beneath the bottom of the Erie canal, in a manner and at a time approved of by the board of canal

commissioners. State § 3. As soon as the location for such sewer shall be designated as

herein provided, the state engineer shall make plans, drawings and plans, etc. specifications for the construction thereof, at the location so designated.

8 4. The furnishing of all the materials and the doing of the work in the construction of such sewer shall be by contract or contracts, except the purchase of such materials, not exceeding five hundred dollars in any one item or amount, or the doing of such parts of said labor by day's work as in the opinion of the state engineer the interests of

the state require should be so done. Contracts 8 5. All contracts shall be awarded to the lowest bona fide responsi

ble bidder or bidders, after notice of the letting thereof shall have been be let.

advertised by the state engineer, in the state paper and the Buffalo Daily Courier (a newspaper published at the city of Buffalo), once in each week for four weeks consecutively, immediately preceding the letting of said contract ; the notice of letting to be signed by the state engineer, and to state the work to be let, the quality, quantity and kind of materials to be bid for, and the length of time that will be given for the completion of the work, the amount of security required and the bonds to be furnished for the faithful performance of the

contract, and to the city of Buffalo indemnifying it against damage To be by reason of negligent acts or omissions of the contractor. The proapproved by gov.

posals received shall be exhibited to the governor and comptroller ernor and of the state together with the proposed contract, which, on their concomptroller.

current written approval indorsed thereon, shall be entered into on the part of the state by the state engineer. The said contract shall reserve the right to the state engineer with the concurrence of the governor and comptroller of the state to declare the same forfeited whenever in the judgment of such engineer said contract is not being performed for the interests of the state.

8 6. This act shall take effect immediately.

how and to whom to

CHAP 887.

AN ACT to authorize the Brooklyn Homeopathic Hospital to increase the number of its trustees.

PASSED July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Number SECTION 1. The number of the trustees of " The Brooklyn Homeotees may pathic Hospital” may be increased to fifty, and such increase may be

of trus

made at any annual meeting of the said corporation, or at any meet- be ing thereof called for that purpose, of which meeting and its purpose to hetiye notice shall be given in the same manner as is now required by law to be given for an annual meeting of the members of the said corporation.

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

$ 3, This act shall take effect immediately.

CHAP 888.

to designate com

to remove

AN ACT to provide for the reinterment of the remains of Col

onel John Mills, a hero of the war of eighteen hundred and twelve, and the erection of a suitable monument in his memory at the expense of the state.

PASSED July 1, 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 governor of the state is hereby authorized and clorernor required, within sixty days after the passage of this act, to designate three persons, residents of the city of Albany, New York, who shall missioners act as commissioners, without compensation, whose duty it shall be to and cause to be removed the remains of Colonel John Mills, which now lie reluter

remains, interred just north of the main walk in the Capitol Park of the city etc. of Albany, and to provide for their reinterment in the Albany Rural Cemetery, in the town of Watervliet, county of Albany, New York, and also to procure an appropriate monument to be erected upon his grave, npon which monument shall be inscribed a brief record of his patriotic career, and of the distinguished and heroic services rendered to our country as the colonel of a New York state regiment during the war of eigh teen hundred and twelve, and who was slain in battle near the Canada border on the twenty-ninth day of May, eighteen hundred and thirteen, the total expense not to exceed the sum of two thousand five hundred dollars, which sum, or so much thereof as may be necessary, is hereby appropriated, payable by the treasurer, on the warrant of the comptroller, from any moneys in the treasury not otherwise appropriated.

$ 2. Said commissioners shall within ten days after notice of their organizaappointment organize by the election of a president and secretary from tion. their own members. Any vacancy in the commission by failure to accept, resignation or otherwise shall be filled immediately by the governor. No moneys shall be disbursed unless upon a request signed Moneys, by at least two of the commissioners, directed to the comptroller, and upon the receipt of such request said comptroller shall draw his warrant upon the treasurer for the required sum, and no money shall be expended until the comptroller shall be made satisfied that no additional amount will be required for the completion of the monument herein contemplated.

8 2. This act shall take effect immediately.

disburse ment of.

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by the state.

AN ACT to provide for the payment by the state of the ex

penses of the trials of convicts for crimes committed during the time of their imprisonment in either of the state prisons of this state.

PASSED July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Expenses SECTION 1. Whenever any convict or convicts in either of the state to be paid prisons of this state or in the New York State Reformatory at Elmira,

shall be indicted and tried for any offense committed by such convict or convicts during the time of their imprisonment in any state prison in this state or Reformatory, the expenses of such trial, and in case of conviction of murder in the first degree, the expenses of executing the

judgment or sentence of the court shall be paid by the state. District

8 2. It shall be the duty of the district attorney of any county in which such convict or convicts shall be indicted and tried to make out

a detailed statement under oath of all the necessary expenses incurred statement by any such trial, including the expenses of procuring witnesses to atward same tend before the grand jury and at the trial of the indictment, and also

the amount which shall or may be paid for petit jurors for and during the time occupied by such trial, and forward the same to the comp

troller of the state of New York. Comptrol- § 3. It shall be the duty of the comptroller and attorney-general to

examine such statement and to correct the same by striking therefrom attorneygeneral'to any and all items which are not intended to be paid by the provisions

of this act, and after correcting said statement as aforesaid, to draw bis draft upon the treasurer for the amount of such expenses in favor of the county treasurer of the county in which such trial and indictment shall be had, which sum shall be paid to the said county treasurer out of any moneys in the treasury not otherwise appropriated.

$ 4. This act shall take effect immediately,

attorney to make detailed

to the comptroller,

ler and

audit same.

CHAP 890.

AN ACT to amend chapter one hundred and eighty eight of

the laws of eighteen hundred and seventy-eight, entitled “An act for the incorporation of District Number One of the Independent Order of Benai Berith, and to authorize other corporations, incorporated societies, or other associations to give and transfer property to, or wholly to consolidate with, the corporation hereby created.

PASSED July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter one hundred and eighty-eight of the laws of eighteen hundred and seventy-eight, entitled "An act for the incorporation of District Number One of the Independent Order of Benai

66

Berith, and to authorize other corporations, incorporated societies, or other associations to give and transfer property to or wholly to consolidate with, the corporation hereby created," is hereby amended by adding thereto at the end of the fifth section thereof of* the following:

8 6. The real and personal property of said corporation used ex- Property clusively for charitable purposes shall be, and it is hereby made and exempt declared, exempt from all taxation except for state purposes.

37. This act shall take effect immediately.

from taxation.

CHAP 891.

tors.

AN ACT to amend chapter eight hundred and sixty-eight of

the laws of eighteen hundred and seventy-two, entitled “An act to incorporate the United States Loan and Security Company.

PASSED July 1. 1882. The People of the State of New York, represented in Senate and Asseinbly, do enact as follows:

SECTION 1. Sections one and three of chapter eight hundred and sixty-eight of the laws of eighteen hundred and seventy-two, being the act to incorporate the United States Loan and Security Company, passed June first, eighteen hundred and seventy-two, as amended by chapter four hundred and eighty-six of the laws of eighteen hundred and seventy-four, are further amended so as to read as follows :

$1. William H. Fogg, John E. Ward, Charles E. IIill, Spencer C. Corpora• Blake, John Middleton, their associates, successors and assigns, are hereby constituted a body corporate, to be hereafter known by and under the name of the “American Loan and Trust Company,” to be Name. located in the city of New York, in the state of New York.

§ 2. Section three of said act is hereby amended so as to read as follows:

§ 3. The company shall have power to receive money on deposits, Powers. not exceeding ten times the amount of its paid-up capital or securities for money on deposit; to purchase, invest in, guarantee and sell stocks, bills of exchange, bonds and mortgages, and other securities; to act as trustee, and accept and execute any trust not inconsistent with the laws of this state; to guarantee the payment of debts ; to make loans of money on real or personal securities; to charge commission on personal property held on deposit, and when moneys, or securities for moneys, are borrowed or received on deposit or for investment, the bonds or obligations of the company may be given therefor, but nothing herein contained shall be construed as giving the right to issue bills to circulate as money. $ 3. This act shall take effect immediately.

*So in original.

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