CHAPTER 680. AN ACT IN RELATION TO THE LOCATION AND ERECTION OF PUBLIC Passed April 21, 1871; three-fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows: appoint five ers to erect of city and coun ty hall. SECTION 1. The governor, by and with the advice Governor to and consent of the senate, shall appoint five citizens of commissionErie county commissioners, three from the city Buffalo, and two from the towns of Erie county, whose duty it shall be to fix upon a site in the city of Buffalo, for the erection of a public building, to be known as the city and county hall, for the use of the county of Erie and the city of Buffalo, as a court house, and for other public purposes, and to cause such building to be erected, completed and furnished ready for use. ers to take of office. 2. The said commissioners, before entering upon Commissiontheir duties, shall take and file in the office of the clerk and file oath of said county, the oath of office prescribed by the twelfth article of the constitution. They shall elect one of their number as chairman, who shall preside at their man and apmeetings, and perform such other duties as they shall assign to him. They shall appoint a clerk, who shall receive a salary to be fixed by them, and such clerk To elect chair point a clerk. First meeting of commissioners. Subsequent meetings, how called. Notices of meetings. shall keep a record of the proceedings of said commissioners, and perform such other duties as the commissioners shall prescribe. 3. The first meeting of said commissioners shall be held on the first Tuesday in May, eighteen hundred and seventy-one, at twelve o'clock, noon, at the common council chamber in the city of Buffalo. Subsequent meetings shall be held upon the call of the chairman, or any two of said commissioners, at such time and place in said city as he or they shall designate, or as said commissioners shall at any meeting fix by adjournment. Notices of meetings so called shall be given by the clerk, through the post-office, addressed to the respective commissioners at their places of residence, at least three days before the time of meeting. Any act of the commissioners at a regular meeting to which a majority of their whole number shall assent shall be valid and binding as the act of all of them. None of said commissioners shall Commission- receive any compensation for his services, but each of ceive compen- them shall be entitled to receive his actual disbursements and expenses in the discharge of his duties. Any vacancy in their number caused by death, resignation, removal from Erie county, or otherwise, shall be filled by appointment, to be made by the remaining commissioners. Act of majority of commissioners binding. ers not to re sation. Vacancies, how filled. Commissioners to select site for hall. 4. Said commissioners shall select as the site for said hall, either the block of land upon which the court houses in said city are now situate, or some piece of land which is owned by the city of Buffalo. They shall To make cer- make a certificate stating the site so selected by them, and containing an accurate description thereof; which shall be signed by them, or a majority of them, and edged and re- acknowledged or proved, as deeds of real estate are required to be, in order to be recorded, and the said certificate shall be recorded in the office of the clerk of Erie tificate of the selection. Certificate to be acknowl corded. longs to city, ers to transmit certificate council, Action of county. If the site so selected shall be a piece of land When site beowned by the city of Buffalo, the said commissioners commissionshall transmit to the common council of said city their to common said certificate, or a certified copy thereof; and upon receiving the same, said common council shall pass an ordinance setting apart in perpetuity for the said hall, the site so selected therefor, which ordinance shall be council therevalid and effectual for that purpose, and shall not be repealed or changed by said common council. But if any part of the site so selected shall then be occupied by any building or buildings used for city purposes, such lating to use thereof may be continued until the said commis- site selected. sioners shall need to occupy the same in erecting said hall. on. Provision re buildings on block selected be transmit of supervisors. $ 5. In case such commissioners shall select as such If court house site the aforesaid block of land upon which the court certificate to houses in said city are now situate, they shall transmitted to board their said certificate, or a certified copy thereof, to the board of supervisors of said county, at their then next meeting, and said board of supervisors shall thereupon Action of suat such meeting pass an act, setting apart said block of thereon. land in perpetuity for the said hall; which act shall be valid and effectual for that purpose, and shall not be repealed or changed by said board of supervisors. pervisors provide places courts, etc. § 6. Upon receiving said certificate from said com- Supervisors to missioners, it shall also be the duty of said board of for holding supervisors at their said meeting aforesaid to provide suitable places for holding the courts whose terms are now held at said court houses, and for the public officers now occupying the same, until said hall shall be erected and ready for use; and shall also if necessary provide a place to be used as the jail of said county, and such place so provided and used, shall be for all legal purposes the jail of said county until a new jail shall be erected as hereinafter provided. ers to cause ball to her ected on site selected. What hall 87. Upon the site so to be selected by them, said Commission- commissioners shall cause to be erected, completed and furnished ready for use, said hall, of dimensions and upon a plan which shall furnish suitable accommodations for the courts whose terms are holden in said city, and for the judges and officers thereof and the law shall contain. library of the eighth judicial district, and for all the public officers and apartments of government of the county of Erie and the city of Buffalo respectively. The Commission-; said commissioners shall also determine and designate by a certificate in writing, signed by them or by a majority of them, what parts of said hall shall be assigned to the use of said courts, the judges and officers thereof, and said law library, and what parts thereof shall be assigned to the use of the county of Erie and of the city Certificate to of Buffalo respectively. The execution of such a certiedged and re-ficate shall be acknowledged or proved as deeds of real estate are required to be, in order to entitle the same to be recorded, and said certificate shall be recorded in the office of the clerk of said county. ers to assign parts to city and county to be used by them by certificate. be acknowl corded. One-half of expenses of erecting hall to be borne by half by coun ty. § 8. One-half of the expenses incurred in erecting said hall, and completing and furnishing the same ready city and one- for use, shall be borne and paid by the city of Buffalo, and the other half by the county of Erie, and all expenses to be incurred after the erection and completion of said hall, for necessary repairs, and for the warming, lighting, protection and care of that portion thereof set apart by said commissioners for the use of the county of Erie, shall be borne and paid by the county, and all like expenses to be incurred after the erection and completion. to expenses of of said hall, in respect to that portion thereof which shall be set apart by said commissioners for the use of the city of Buffalo, shall be paid and borne by the city. Provision as repairs. Commission § 9. The said commissioners shall have authority to ers may em- employ and pay an architect, superintendent, and such tects, etc. Record of all and accounts ments to be other necessary assistants as they shall require for the ploy archipurposes aforesaid. They shall keep a full record of their proceedings, and exact and particular accounts of all their receipts and disbursements, which records and proceedings accounts shall at all times be open for inspection by the of disbursechairman of the board of supervisors of said county, and kept. the president of the common council of said city, and of any committee appointed for the purpose by either of those bodies, and upon the completion of their duties, said commissioners shall deposit such record and all other books of account and vouchers in the office of the clerk of said county, there to be preserved as records of his office. Misdemeanor for commis sioner, archi tect, etc., to be furnishing § 10. It shall be a misdemeanor, punishable by fine and imprisonment, for either of said commissioners, or any clerk, architect or superintendent appointed by them, interested in to be in any way or manner interested, directly or indi- materials, etc. rectly, in furnishing any materials, supplies, or labor for the erection of said hall or the jail hereinafter mentioned, or in any contract which said commissioners are empowered by this act to make. Four commispurchase site for jail. sioners may § 11. Said commissioners by consent of four of their number shall have authority for and in the name of said county to purchase land, suitable for a site for a jail for said county, and to cause a jail to be erected thereon. The expenses incurred by said commissioners in procuring a site for, and erecting such jail, shall be paid borne by and borne by the county of Erie. Expense to be county. shall borrow paid by coun said hall. § 12. It shall be the duty of the board of supervisors Supervisors of said county to borrow upon the faith and credit of amount to be said county such a sum of money as shall be requisite to ty for erecting pay the proportion herein before fixed to be borne and paid by said county of the expenditures which said commissioners are authorized by this act to make, and to issue the bonds of said county therefor, which bonds |