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constables.

Additional act hereby amended ; and upon all public occasions and exhibitions

the said board may appoint so many additional constables as may be deemed necessary to maintain order and prevent violation of the public peace, which constables shall hold office during the occasion for which they were appointed, and receive such compensation as the board of trustees may allow.

CHAP.887.

AN ACT in relation to the Johnstown, Gloversville and Kingsboro Horse Railroad Company.

PASSED June 8, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The time within which the Johnstown, Gloversville and Kingsboro Horse Railroad Company, in the county of Fulton, is required by law to finish its road and put the same in operation, is hereby extended for the term of ten years.

8 2. This act shall take effect immediately.

CHAP 888.

AN ACT to amend chapter one hundred and thirty-one of the

laws of eighteen hundred and forty-three, entitled "An act to incorporate the Trustees of the New York Annual Conference of the Methodist Episcopal Church.”

PASSED June 8, 1892; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of chapter one hundred and thirty-one of the laws of eighteen hundred and forty-three is hereby amended so as

to read as follows : Vacancies

$ 4. All vacancies occasioned by death, resignation, expulsion or exto be filled piration of office of said trustees, or either of them, according to the York an- terms thereof, as above limited, shall be filled up by the New York nual conTerepce.

Annual Conference at their next session thereafter, who shall nominato and appoint the persons to fill such vacancies as aforesaid ; of which nomination and appointment so made, a certificate shall be given, containing the name or names of the person or persons so nominated and appointed; which certificate shall be signed by the president and countersigned by the secretary of the said conference, and registered in the books of the said corporation ; whereupon the said person or persons therein named shall become to all intents and purposes a trustee or trustees of the said corporation.

82. This act shall take effect immediately,

CHAP 88.

chase

AN ACT to authorize the Hartford and Connecticut Western

Railroad Company to purchase the Rhinebeck and Connecti. cat railroad.

PASSED June 8, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The Hartford and Connecticut Western Railroad May pur. Company, a corporation organized under the laws of the state of

Rhinebeck Connecticut, is authorized to purchase from the owner or owners & Connecthereof the Rhinebeck and Connecticut railroad, together with its road, etc. franchises, privileges and appurtenances, and upon the completion of such purchase to hold, operate, mortgage and sell and convey the said last mentioned railroad in conformity with the laws of the state of New York.

§ 2. After acquiring title as aforesaid, the said Hartford and Con- Rights and necticut Western Railroad Company shall have all the rights, privileges privileges. and powers, and be subject to all the duties, conditions and restrictions conferred or imposed by general laws upon railroad corporations. organized or consolidated under the laws of the state of New York, or heretofore and at the time of the sale under foreclosure of the Rhinebeck and Connecticut railroad, conferred or imposed upon the Rhinebeck and Connecticut Railroad Company by any special act.

8 3. In any action or proceeding against the said Hartford and Con- Proof of necticut Western Railroad Company, brought in the courts of this incorporate state, it shall not be necessary to prove the fact that such company is required. a corporation.

§ 4. This act shall take effect immediately,

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An Act relating to the proof of age of children.

PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever in any proceeding or trial it becomes necessary Age how to determine the age of a child, such child may be produced and to be de exhibited to enable the magistrate, court or jury to determine its age by a personal inspection; and such court or magistrate may direct an examination by one or more physicians, whose opinion shall also be competent evidence upon the question of such age.

82. This act shall take effect immediately.

termined.

CHAP 841.

struct trunk sewer.

Commissioners or sewers.

Official oath.

Record.

AN ACT to create a board of commissioners of sewers of the

city of Buffalo, to define their powers and duties, and to provide means for the construction and maintenance of certain sewers in the city of Buffalo.

Passed June 8, 1883; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: May con- Section 1. The city of Buffalo is hereby authorized and empowered

to construct a trunk sewer from a point in Niagara river, north of the water-works and south of Albany street, to a junction with the Mill Race sewer, so-called, including a tunnel to be used as an outlet to said sewer under the Erie canal and Black Rock harbor, and also a connecting sewer from the well-hole in the westerly end of Bird avenue sewer to said tunnel,

8 2. Immediately upon the passage of this act the mayor of said city, by and with the advice and consent of the common council, shall appoint five persons commissioners of sewers of said city.

$ 3. Before entering upon their duties the said commissioners shall severally take the oath of office prescribed by section one of article twelve of the constitution. The said commissioners shall hold meetings at the office of the park commissioners in the city of Buffalo. At the first meeting they shall select one of their number as chairman. A record shall be kept of all the proceedings of said commissioners. Subsequent meetings may be held at the call of the chairman, and

said commissioners may, by resolution, fix the time for holding Notice of regular and stated meetings. Notice of all meetings shall be given by meetings. the clerk by depositing a notice addressed to each of said commissioners

in the post-office at Buffalo at least one day before such meeting is to Quorum. I be held. A majority of said commissioners shall constitute a quorum

for the transaction of business by them. None of said commissioners shall receive any compensation for his services, but shall be paid för

all expenses incurred or expenditures made in the discharge of his Vacancies. duty, out of the funds by this act created. If a vacancy shall occur in

the number of said commissioners by death, resignation, removal from the city or otherwise, such vacancy shall be filled in the same manner as provided in section two of this act. Said commissioners, when organized, shall be known as “the board of sewer commissioners of the city of Buffalo," and shall, as soon thereafter as practicable, submit to the common council of said city plans and specifications for said sewers, including the route of the same, which plans, specifications and route shall be subject to the approval of said common council.

§ 4. Whenever the common council of said city shall have adopted work, etc. plans and specifications for said work, including the line of route

thereof, they shall, by a resolution to be approved by the mayor and entered upon the journal of their proceedings, order such work and define the said route. And the said work shall be done by and under the direction of the said “ board of sewer commissioners of the city of Buffalo.” The plans, specifications and route, when adopted, shall not be changed except on the recommendation of the commissioners and the approval of the common council.

8 5. Said sewers and tunnel shall be constructed by contract ; said

Board.

When to order

To be con

structed

tractors.

commissioners shall advertise for proposals for constructing said by consewers and tunnel, and furnishing material for the same, under one entire contract, or in parts or sections under several contracts, as they shall deein for the best interests of the city, for a period of not less than ten days in the official paper and in at least one newspaper printed in Boston, New York, Cleveland, Cincinnati, Chicago and St. Louis. The said commissioners shall require a bond of each person who shall submit proposals in such amount and with such sureties as they shall determine, to be submitted with such proposals, conditioned that the persons or person making such proposals shall enter into a contract for furnishing the labor and materials for and constructing such sewers and tunnel, or the portion thereof for which such proposals are asked and submitted, according to the plans and specifications, at his proposal or bid, and that he will furnish such security as said board shall require to be furnished for the faithful performance of his or their contract.

And said commissioners shall require any person or persons with Security to whom they shall contract for doing said work or furnishing said by conmaterials, or any part thereof, to gire sufficient security, to be approved by them, for the faithful performance of such contractor contracts. Šaid commissioners may reject any and all proposals and bids which may be made to them, and may contract with other than the lowest bidder for such materials and work, or any part therof, and may readvertise for the same. Said commisioners are hereby authorized to expend a sufficient amount of money to perform all the duties imposed upon them by this act.

If it shall be necessary to use in the construction of said sewer any Lands neclands owned by privato individuals or corporations, said commissioners es ary may may purchase the same of such individuals or corporations, or may quired. agree with them upon the terms upon which said lands may be used for the purposes of said sewers and tunnel. If said commissioners shall be unable to agree with any person or corporation upon terms at which any property may be purchased, or the right to use the same acquired, said commissioners may institute and conduct proceedings before the supreme court or the superior court of Buffalo, for the purpose of condemning said lands to public use. The said proceedings shall be commenced in the name of the board of sewer commissioners of the city of Buffalo, and in the manner and according to the practice prescribed by the laws of the state of New York for appraising lands sought to be taken by railroad corporations. When said lands have been appropriated in said proceedings and the consideration therefor paid or deposited, the title thereto and the uses therein shall vest in fee in the city of Buffalo.

8 6. Said board of commissioners is hereby authorized, with the May use consent and under the direction of the superintendent of public works north side and state engineer, to use a portion of the north side of the Main ard of Main Hamburg canal in said city of Buffalo, not exceeding twenty-five feet burg canal, in width, for the purpose of constructing said sewer. Permission is etc. further granted to lay a sewer in or along the towing path of the Erie canal, in the city of Buffalo, from Bird avenue to Albany street, and in front of the Buffalo water-works, subject to the approval and consent of the superintendent of public works and the state engineer. The construction of said sewer upon said canal lands, and the tunnel under the Erie canal and Black Rock harbor, as authorized by section one, to be upon plans and specifications approved by the state engineer and surveyor and the superintendent of public works, and the city of

Omcers not to furnish

etc.

Benefits,

to be de

Buffalo shall at its own cost and expense maintain and keep said sewer, its walls and banks, and said tunnel in perfect repair, as may

be required by the superintendent of public works. Engineer. 87. The said commissioners shall have authority to employ an en

gineer and such other necessary assistants as they may require in the discharge of their duties. Said commissioners may also call upon the engineer of the city of Buffalo for assistance in the discharge of their duties. They shall keep a full record of their proceedings, which shall at all times be open to the inspection of the mayor of the city of Buffalo, the president of the common council, or any committee appointed by that body. Said commissioners shall, upon the completion of their duties under this act, cause said record to be deposited in the office of the clerk of the city of Buffalo.

$ 8. It shall be a misdemeanor, punishable by fine or imprisonment,

for either of said commissioners, or any clerk, engineer, superintendent material, or inspector appointed by them, to be in any way or manner interested,

directly or indirectly, in furnishing any material or labor for the construction of said sewer or tunnel, or in any contract which said commissioners shall make hereafter.

8 9. If by reason of the construction of said sewer any of the propments for. erty on the line of said sewer shall be benefited in any way other than

in the matter of drainage, then such improvement shall be deemed a local improvement and said common council shall have the power to

order an assessment upon the property deemed benefited thereby. Cost how § 10. For the purpose of defraying the cost of said sewers and tunnel frayed.

and all expenditures authorized by this act, including the compensation to be paid and expenditures incurred in proceedings to acquire the title to a right of way under and across any property, the bonds of the city of Buffalo to such an amount as shall be necessary shall be issued by the mayor and comptroller of said city; said bonds shall be known as “ Buffalo sewer bonds,” and shall be payable as follows: One hundred and fifty thousand dollars on the first day of August, eighteen hundred and eighty-three, and one hundred and fifty thousand dollars on the first day of August of each and every year thereafter until the whole amount of bonds issued under the provisions of this act shall be paid ; said bonds shall bear interest at an annual rate not to exceed five per cent, payable semi-annually from date, at such place as said common council shall designate. They shall not be negotiated at a less sum than par value, including interest from date, nor until proposals for the same shall have been invited by public advertisement in such a manner as the said common council shall direct. All moneys borrowed by said city upon the security of said bonds, and all moneys raised by general tax for the benefit of the Trunk Sewer Fund, as hereafter authorized, shall be paid into the treasury of the city and shall be used for the purposes authorized by this act, and for no other purpose whatsoever, and shall only be paid out of the treasury by warrants drawn by direction of the common council upou said fund. All warrants drawn upon said fund shall be drawn by direction of the common council of said city upon the estimate and recommendation

of the commissioners appointed by this act, and at such times and for (leneral such sums as they shall recommend. The comptroller of said city

shall include in his estimate of the amount necessary to be raised by general tax to carry on the city government for the year one thousand eight hundred and eighty-three, and for each year thereafter, a sum sufficient to pay the interest on all of said bonds outstanding, and to pay the principal of so many of said bonds as shall become due on each

tax.

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