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lot rents.

lot rents.

sloners.

force.

houses.

the street-line of any street, through which a water main is laid, and subject to the center line of the block, shall continue and be subject to the lot rents or rates now authorized by law, except where such center line of the block shall be more than one hundred feet distant from the street line, such lot rent or rate shall not extend beyond a line parallel with such street line and distant one hundred feet therefrom. The lot rents or Reduction rates heretofore levied and assessed in said city, and still unpaid, may

v1' unpaid be reduced by the board of water commissioners to the amount authorized to be levied and assessed therefor by the provisions of this section, upon the payment of such reduced lot rent or rate. The board of Powers water commissioners hereafter appointed shall have all the powers and und duties discharge all the duties now devolved by law upon the board of com- commismissioners for the fire department of said city.

$ 5. The police force of said city shall be appointed by the board of Police police commissioners, and shall be composed of such officers and men, and the officers and men composing the force shall receive such compensation, not exceeding the amount now allowed by law, as the commissioners may deem to be for the public interests and the funds of the department will permit. Any member of the police force may be Removals. removed on written charges, as now prescribed by law. The commissioners may temporarily suspend any member of the force at any Temporatime when such suspension is, in their judgment, rendered necessary suspenby the state of the funds of the department, or when the services of the person or persons so suspended can be temporarily dispensed with without detriment to the public interests.

$ 6. The board of education in said city shall enter into no contracts Schoolfor the erection of new school-houses, nor for the repairing or leasing of school buildings involving an expenditure of more than four hundred dollars without the confirmatory vote of not less than five members of the common council. The school trustees of the several wards in said Janitors city shall have power to appoint such janitors as may be necessary for houses. the care of the school-houses in their respective wards. The compensation of each janitor so appointed shall be fixed by the board of education.

$ 7. The allowance of five per cent for expenses of collecting taxes Tax-coland assessments which shall not be paid within the time prescribed by lectione allaw is hereby abolished. The treasurer and receiver of taxes of said abolished. city shall in addition to his annual report on the first Tuesday of every Monthly month in each year submit to the common council an itemized state- report of ment of the amount of taxes and assessments collected by him during and rethe month next preceding, and the apportionment of the same among iaxes. the several funds or budgets; and in case of his failure so to do for the space of two consecutive months, he shall thereupon forfeit his office.

$ 8. Each officer to be elected in said city shall hereafter be elected Election as now prescribed by law, except that such election shall be at the city general election in said city next preceding the commencement of the term of office to be filled. The political year in said city shall here- Political after commence on the first day of January, and end on the thirty-first day of December in each year, and, except as otherwise provided by law, a full term of any office in said city shall be the same as now prescribed by law, and shall be deemed to commence and end with a political year. Subject to existing provisions of law, all the city Terms of officers of said city now in office shall severally hold their offices for the office. full terms for which they were respectively elected or appointed. The first election for each elective city office hereafter held in said city shall be for a fractional term thereof, commencing at the expiration of the term of the incumbent of such office for the time being, and ending at

.

year.

Aldermen-atlarge.

districts
in Ist and

anal in

etc.

oflicers.

ment of

the same time, as if the offices so to be filled were for a full term, com

mencing on the first day of January next succeeding the election. Aldermen 8 9. From and after the first Tuesday of May, in the year eighteen

hundred and seventy-nine, there shall be seven aldermen in said city, whose term of office shall be two years, commencing on the first day of January next after their election. One alderman shall be elected in each ward by the electors thereof, on a local or ward ticket. The remaining two alderman* shall be elected at large by the electors of said city, on the general city ticket. One of the aldermen-at-large must be elected from and reside within that portion of the city com

posed of the first, second and third wards, and the other from that porElection tion of the city composed of the fourth and fifth wards. There shall

be two election districts in the first ward and two in the fourth ward, 4th wards, the boundaries of which shall be fixed by the common council by

ordinance designating the polling-places therein respectively, at least Registers thirty days before each annual election. Registers and inspectors of

election and poll-clerks shall be elected and appointed therein, as prospectors,

vided in and by chapter one hundred and seventeen of the laws of eighteen hundred and seventy-four, for the election and appointment

of the inspectors of elections in the several wards of said city. First elec- 8 10. The first election for any city officers under this act shall be at tion of city

the general election held in said city in the year eighteen hundred and seventy-nine. In order to prevent or fill any vacancy or vacancies

in office which may arise under the provisions of this act, the common Appoint. council of said city shall appoint two alderman*-at-large, to reside as

provided herein for alderman*-at-large, an overseer of the poor, a concity uni- stable, one school trustee in each ward, and one register and inspector

of elections in each election district, each for the fractional term comterm. mencing on the first Tuesday in May, in the year eighteen hundred

and seventy-nine, and ending on the fifth day of November, in the same year.

$11. The mayor of said city shall appoint one supervisor and one register and inspector of elections in each election district in said city, for the fractional term commencing on the first Tuesday of May, and ending on the fifth day of November, in the year eighteen hundred and seventy-nine.

§ 12. The commissioner of public works of said city shall appoint one register and inspector of elections in each election district in said city, for the fractional term commencing on the first Tuesday of May, and ending on the fifth day of November, in the year eighteen hundred and seventy-nine.

8 13. The term of office of the supervisor of said city shall be two years, commencing on the first Tuesday of April next succeeding his election, except that the supervisor to be elected in the year eighteen hundred and seventy-nine shall be elected for the fractional term commencing on the sixth day of November in that year, and ending on the first Tuesday of April, in the year eighteen hundred and eighty

$ 14. After the first Tuesday, in the year eighteen hundred and common eighty, the annual meeting of the common council of said city shall

be held on the first secular day after New Year's day, at twelve o'clock

at noon. It shall require a vote of five-sevenths of all the members expendi elected to said board to pass any ordinance, resolution or other legisla

tive act, involving the expenditure of money, ard a vote of six

cer's lor fractional

Term of office of supervi. sor.

one.

Annual

council.

Vote for

ture of money, ete.

*So in the original.

sevenths to pass any ordinance, resolution or other legislative act over the mayor's veto.

§ 15. The necessary expenses of repairing the public highways and Expenses streets in said city shall hereafter be a local charge on the several ingenairwards within which the same are situated, and such expenses shall be ways. raised and paid in the same manner as other ward charges are now raised and paid by law.

$ 16. This act shall take effect immediately.

Chap. 101.
AN ACT to amend section twenty-eight of article two of

title ten of chapter eight of part three of the revised
statutes, relating to summary proceedings to recover the
possession of land.

PASSED March 22, 1879. The People of the State of New York, represented in Senate and Ass emlly do enact as follows:

Section 1. Section twenty-eight of article two of title ten of chapter eight of part three of the revised statutes, is hereby amended so as to read as follows:

§ 28. Any tenant or lessee at will, or at sufferance, or for any part of what tena year, or for one or more years, of any houses, land or tenements, and ant may the assigns, under-tenants, or legal representatives of such tenant or moved. lessee, may be removed from such premises by any judge of the county officers courts of the county, or by any justice of the peace of the city or town having where the premises are situated, or by any justice of the peace of the lemore: town adjoining the town where such premises are situated, having an office in a village the corporate limits of which include a portion of both of said towns, or by any mayor or recorder of the city where such premises are situated, or in the city of New York, by the mayor, recorder, any justice of the marine court, or any one of the justices of the district courts of the city of New York, in the manner hereinafter prescribed in the following cases:

1. Where such person shall hold over and continue in possession of In case of the demised premises, or any part thereof, after the expiration of his tenant

holding term, without the permission of the landlord ;

2. Where such person shall hold over, without such permission as Default in aforesaid, after any default in the payment of rent, pursuant to the payment agreement under which such premises are held, and a demand of such rent shall have been made, or three days' notice in writing, requiring the payment of such rent, or the possession of the premises, shall have been served by the person entitled to such rent, on the person owing the same, in the manner prescribed for the service of the summons in the thirty-second section of this title ;

3. Where the tenant or lessee of a term of three years, or less, shall Taken have taken the benefit of any insolvent act, or been discharged under henetit of any act for the relief of his person from imprisonment during such act. term;

4. Where any person shall hold over and continue in possession of Land sold any real estate which shall have been sold pursuant to the foreclosure in execuof a mortgage thereon, or by virtue of an execution against such person, after a title under such sale shall have been perfected.

over.

of rent.

Land cul. tivated on shares.

5. When any person shall hold over and continue in possession of any real estate occupied or held by him under an agreement with the owner to occupy and cultivate the same upon shares, or for a share of the crops, after the expiration of the time fixed in the agreement for such occupancy, without the permission of the other party to said agreement, his heirs or assigns.

Chap. 102.
AN ACT to amend chapter four hundred and eighty-four of

the laws of eighteen hundred and sixty-two, entitled "An
act in relation to the courts in the city and county of New
York,” passed April twenty-fourth, eighteen hundred and
sixty-two, as amended by chapter five hundred and sixty-
nine of the laws of eighteen hundred and sixty-four, en-
titled “An act to amend sections eleven, fourteen and
fifteen of chapter four hundred and eighty-four of the laws
of eighteen hundred and sixty-two, and to confer addi-
tional powers on the marshals of the city of New York.”

PASSED March 22, 1879.

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

Section 1. Section fourteen of chapter four hundred and eightyfour of the laws of eighteen hundred and sixty-two, entitled "An act in relation to the courts in the city and county of New York,” passed April twenty-fourth, eighteen hundred and sixty-two, as amended by chapter five hundred and sixty-nine of the laws of eighteen hundred and sixty-four, entitled “An act to amend sections eleven, fourteen and fifteen of chapter four hundred and eighty-four of the laws of eighteen hundred and sixty-two, and to confer additional powers on the marshals

of the city of New York,” is hereby amended so as to read as follows: Process, § 14. Every summons, warrant, attachment or other process issued by whom by or out of any of said district courts, or by any justice thereof, and

every summons issued by the clerk of said district court, and every summons issued by any justice thereof in any proceeding, whether summary proceedings to dispossess tenants or otherwise, shall be served and executed by the marshal of said city, except that the justice of the court wherein the action is commenced may depute some competent person to serve the summons and complaint in any such action; but the person so deputed to serve such summons and complaint shall not be entitled to any fees or other compensation therefor, except the persons who serve process for the corporation attorney in the city of New York.

8 2. This act shall take effect immediately.

Chap. 103. AN ACT for the relief of rural cemetery associations incorporated in the county of Queens.

PASSED March 22, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. Any rural cemetery association heretofore incorporated in Associathe county of Queens under chapter one hundred and thirty-three of Lionsglethe laws of eighteen hundred and forty-seven, entitled “An act author- duly inizing the incorporation of rural cemetery associations," and the several rated. acts amendatory thereof, and which shall have duly recorded in Queens county clerk's office the certificate required and provided for in the second section of said act, is hereby declared to be duly incorporated notwithstanding that the book in which its certificate of incorporation was recorded, has been lost and cannot, after due diligence, be found.

S 2. All conveyances, contracts or agreements heretofore made by or Convey. to any such association, or any of its trustees, are hereby ratified and confirmed confirmed with the same force and effect as if the record of the certificate of incorporation of such association had not been lost.

83. The certificate of incorporation of anv rural cemetery associa- Record of tion mentioned or referred to in the first section of this act, which has been heretofore duly recorded in the book so lost as aforesaid, may be incorporecorded anew by the clerk of Queens county, in any book kept in his office and appropriated, pursuant to law, to the recording of certificates of incorporation. Such clerk shall also record in full with such certificite the certificate of the first or original record thereof; and such new record shall have the same force and effect in all respects as the original record thereof, had the same not been lost.

$ 4. This act shall take effect immediately.

certificates of

Chap 104.
AN ACT to release all the estate, right, title and interest of

the people of the State of New York of, in and to certain
real estate in the city of New York, of which Margaret F.
Butler died seized unto Florence Butler, her husband.

Passed March 22, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the estate, right, title and interest of the people of state title the State of New York of, in and to the following described real estate, New York namely: All that certain lot, piece or parcel of land situate, lying and released. being in the nineteenth ward of the city of New York, and bounded and described as follows: Beginning at a point on the southerly side or line of Sixty-eighth street two hundred feet westerly from the corner formed by the intersection of the southerly line or side of Sixtyeighth street with the westerly side or line of Avenue A, and running

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