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LAWS

OF THE

STATE OF NEW YORK.

VOLUME II.

PASSED AT THE ONE HUNDRED AND SIXTEENTH REGULAR SESSIÓN, OF THE
LEGISLATURE, BEGUN THE THIRD DAY OF JANUARY, 1893, AND ENDED THE
TWENTIETH DAY OF APRIL, 1893, AT THE CITY OF ALBANY.

Chap. 501.

AN ACT to release to John Gordon Kennedy the right, title and interest of the people of the state of New York to certain real estate in the city of New York, and to remove the disability of his alienage with reference to said real estate.

APPROVED by the Governor April 29, 1893. Passed by a two-thirds vote. The People of the State of New York, represented in Senate and, Assembly, do enact as follows:

state in cer

released.

Section 1. All the estate, right, title and interest of the people Interest of of the state of New York, acquired by escheat of in and to all tain land those lots of land and piers situate in the city of New York (an undivided part or interest wherein was conveyed by Frances de Weiler to John Gordon Kennedy by deed bearing date the seventeenth day of February, in the year eighteen hundred and ninety-one) and the buildings thereon now known as numbers one hundred and forty-three, one hundred and forty-five, one hundred and forty-seven, one hundred and forty-nine, one hundred and sixty-one, one hundred and sixty-three and one hundred and sixty-five Maiden lane; numbers one hundred and fifty-nine and one hundred and sixty Front street; numbers seventy-six and seventy-seven South street, with the appurtenances thereunto respectively belonging, and also in the piers known as number nineteen and twenty in the East river in said city, with the appurtenances and rights of wharfage thereunto respectively belonging, are released unto the said John Gordon Kennedy, as grantee of the said Frances de Weiler. And the said John Gordon Kennedy is hereby authorized and empowered to hold, acquire, devise, sell, convey, mortgage and lease the said premises in the same manner and with like effect as if he were a citizen of the United States. §2. Nothing herein contained shall be construed to impair,release Proviso. or discharge any right, claim or interest of any prior grantee of the said Frances de Weiler or of any creditor by judgment, mortgage or otherwise.

§ 3. This act shall take effect immediately.

Board of commissioners.

Vacancies in board.

Removals

for cause.

Quorum.

Compensation and expenses.

Organiza

tion of board.

Chap. 502.

AN ACT to provide for the construction of a public building in the city of Middletown.

APPROVED by the Governor April 29, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The mayor, ex-officio, of the city of Middletown, William D. Stratton, George N. Clemson, John E. Iseman, Usal T. Hayes and Theodore D. Mills of said city are hereby constituted a board of commissioners for the purposes and with the power provided in this chapter.

§ 2. In case any vacancy occurs in said board by the death, resignation, disability or removal from the city, or by the failure of any commissioner named in this act to qualify or serve, a majority of the remaining commissioners shall forthwith fill such vacancy by the appointment of a qualified citizen of said city. A commissioner may be removed for cause in the manner and by the proceedings provided for the removal of officers by the charter of said city. A majority of said board shall constitute a quorum and the assent of a majority shall be required for the transaction of business by said board.

§ 3. Said commissioners shall serve without compensation, but the necessary expenses incurred by them in the discharge of their duties shall be allowed and paid to them by the treasurer of said city from the fund hereinafter mentioned upon vouchers therefor approved by the commissioners of charities or a majority of them. § 4. Within thirty days after the passage of this act the said board of commissioners shall meet, and after having each taken, subscribed and filed in the office of the city clerk of said city the Chairman constitutional oath of office, shall elect one of their number as chairman and, also, one of their number as secretary who shall keep a record of the proceedings of said board, which shall at all reasonable times be subject to the inspection of the common council of said city or of any committee thereof appointed or designated for such purpose. Notice of such election shall forthMeetings. with be transmitted to the common council. The commissioners shall designate a time and place for holding their regular meet ings, which shall be entered of record and which may be changed

and secretary.

site for city

by them from time to time; they may adjourn from day to day or longer and may meet upon the call of the chairman, or of any two of them given through the post-office, post-paid, addressed to each of the other commissioners at his place of business or residence at least two days before the time of such meeting. Said board is hereby authorized and empowered to select Selection of and locate a site, in said city, upon which to erect a building to hall. be known as the "city hall," sufficient in size, material and construction to provide suitable accommodations for the meetings of the common council, the board of water commissioners and the board of education; also, suitable accommodations and apartments for the public library and the recorder's court, the chief of police and the police force, cells for the confinement of prisoners, male and female, and all other accommodations required for the headquarters of the police of said city, and also, sufficient to afford suitable accommodations for the offices and uses of such of the several departments or branches of said municipality as may require accommodations therein.

of land.

§ 5. If a majority of the taxable inhabitants of said city present Acquisition and authorized to vote and voting at an annual or a special election to be called for that purpose as provided in the charter of said city shall vote in favor of the construction of such city hall and the said board of commissioners shall determine to purchase any land on which to erect such city hall or any part thereof, said board is hereby authorized to acquire title to the same in the name of the said city by deed or grant and to pay for the same out of the funds hereinafter mentioned; and in case Proceedings for the said board of commissioners shall be unable to agree with acquiring title. the owner or owners of any real estate required for the purposes of this act, for the purchase thereof, the said board of commissioners shall have the right and it is hereby authorized to acquire title in fee to the same in the name of the said city in the manner and by the proceedings provided for acquiring title to lands by chapter twenty-three of the code of civil procedure.

specifica

§ 6. Immediately after said board of commissioners shall have Plans and selected and located said site for said city hall and acquired the tions. title in fee of the lands therefor in the name of said city, or taken proceedings to such extent as to be entitled to take such title upon payment therefor, the said board of commissioners shall advertise for the submission to them of plans and specifications

Proposals

for erection and fur

nishing of building.

contracts

etc.

for said building and make such compensation as they deem proper to the person or persons furnishing such plans or plans and specifications for the construction thereof, which plans and specifications shall be opened for public inspection at a regular meeting of said board at least three weeks before the letting of any contract for the construction of said building or any part thereof.

§ 7. When the said board of commissioners shall have selected and approved a plan or plans and specifications for said building and decided to proceed with the work or any part thereof, they shall publicly advertise for proposals for the erection in whole or in part of said building and for the doing of all work and the supply of all materials necessary for the completion and furnishForms of ing of the same for use and occupation. The forms of all contracts for which proposals are so invited shall be first approved by said board of commissioners before advertisement thereof, and the work of erecting, completing and furnishing said building for occupancy may be distributed into as many different contracts as in the opinion of said board of commissioners will best proOpening of mote the public interest. All bids or proposals received in response to such advertisement shall be publicly opened at a regular meeting of said board of commissioners, and said Award of board may award the contract or contracts for which bids or proposals have been so advertised as said board may deem best for the public interest, or may reject all such bids and proposals and readvertise for bids and proposals as often as said board may deem it to be for the best interests of said city so Terms and to do. The terms of all contracts shall be settled as an act

bids.

contracts.

execution. of preliminary specification to the bid or proposal. Said

contract or contracts when awarded shall be executed by said Alteration board of commissioners in behalf of the city of Middletown. The etc. said board of commissioners are hereby authorized and empowered

of plans,

Security by bidder.

with the consent in writing of the contractor or contractors, and his or their sureties to alter the plan of said building and the term and specifications of any contract entered into by authority of this act, provided that such alteration shall in no case involve or require an increased expenditure greater than five per centum of the whole expenditure for which provision is made in such contract. Each bidder to whom a contract is awarded as hereinbefore provided must give security for the faithful perform

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