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lay out, establish and regulate a public driveway in the city of New York," is hereby amended so as to read as follows:

Sidewalk.

subways.

§ 10. The said department of public parks shall lay out as part of said driveway one sidewalk, not less than ten nor more than thirty feet in width, on each side of said driveway for the convenience of foot passengers, and shall provide for and construct Bridges or bridges over or subways under the said driveway so that the same may be crossed otherwise than at grade, but except as to said side. Use of driveway walks, bridges and subways, no portions of the said driveway shall restricted. be used for any other purpose than for riding by equestrians and driving of carriages, and all trucks, carts and vehicles of all kinds for the transportation of merchandise or freight of any description shall be excluded therefrom. No street or other railway shall be laid down on the said drive or any portion thereof. In Rules and regulaaddition to the restrictions herein contained, the department of tions. public parks may make such other rules and regulations as it may deem advisable for the use of said driveway, and as to the speed of riders and drivers thereon and as to the exclusion therefrom of any kind of vehicles the use of which may injure said driveway or render the same unfit or inconvenient for the purposes thereof. § 2. Any property, privileges or easements which have been or hereafter may be acquired from the United States government or from U. S. any of its officers or agents may be included in the maps, plans and profiles, or either of them, of the said driveway and used in the construction of the same, even though the use of said property, privileges or easements shall make said driveway more than one hundred and fifty feet in width. And said department of Acquisition public parks is hereby authorized to acquire from the United from U.S. States any property, privileges or easements which may by said department be deemed necessary or useful for the construction of the said driveway, as provided for by said chapter one hundred and two of the laws of eighteen hundred and ninety-three, as amended by this act, and it shall be the duty of the counsel to the corporation of the city of New York upon a written request of said department to take the necessary means and proceedings to acquire such property, privileges and easements.

Use, etc., of property

acquired

of pro

perty, etc.,

of drive

§ 3. The said department of public parks shall have the care Care, etc., and maintenance of the said driveway and power to change the way. grade thereof, or of any part thereof.

§ 4. This act shall take effect immediately.

Charter amended.

Firemen and

continued.

Chap. 9.

AN ACT to amend chapter two hundred and fourteen of the laws of eighteen hundred and eighty-eight, entitled "An act to revise the charter of the city of Binghamton," and the several acts amendatory thereof.

BECAMEа law January 30,1894, without the approval of the Governor. Passed, three-fifths being present.

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

Section 1. Section six of title nine of chapter two hundred and fourteen of the laws of eighteen hundred and eighty-eight, entitled "An act to revise the charter of the city of Binghamton," is hereby amended so as to read as follows:

§ 6. The firemen of the city of Binghamton may be firemen officers under this act without any new appointment, and the officers of the fire department of the city, in office when this act takes effect, shall continue in office until their successors shall be appointed by the board of fire commissioners of said city.

Officers of department.

Appointment of officers.

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

§ 7. There shall be a chief engineer, a first assistant engineer, a second assistant engineer and a fire marshal of the departinent created by this act, who shall take office upon their appointment in the manner prescribed by this act and the rules and regulations of said board of fire commissioners.

§ 3. Section ten of said title nine of said act is hereby amended so as to read as follows:

10. The said board shall, by the concurrent vote of at least three commissioners, appoint a chief engineer, a first assistant engineer, a second assistant engineer and a fire marshal, within thirty days after this act takes effect. The officers so appointed shall, upon filing their respective oaths of office, immediately succeed the persons in office when such appointments are made.

§ 4. This act shall take effect immediately.

Chap. 10.

AN ACT to amend chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, entitled "An act to incorporate the city of Mount Vernon."

BECAME a law January 31, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

amended.

Section 1. Title twelve of chapter one hundred and eighty-two Charter of the laws of eighteen hundred and ninety-two, entitled "An act to incorporate the city of Mount Vernon," is hereby amended so as to read as follows:

Of the School District and Board of Education.

district.

§ 229. All the territory included within the boundaries of the City school city of Mount Vernon shall hereafter constitute a separate school district within this state, and shall be designated as "the school district of the city of Mount Vernon." Such district shall be entitled to all the rights, powers, privileges, public moneys and other benefits conferred by law, or other state authority, upon school districts, and shall be subject to all the rules, regulations, powers of inspection and superintendence, prescribed by law, applicable to school districts in cities, except as otherwise hereinafter prescribed.

§ 2. Between section two hundred and twenty-nine, as herein amended, and title thirteen, as originally enacted, of chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, shall be inserted the following sections, each numbered two hundred and twenty-nine, and, in addition, lettered in consecutive alphabetical order.

education.

§ 229(a). The affairs of said school district of the city of Mount Board of Vernon shall be managed by a board composed of two members from each ward of said city, and a president at large to be elected in the manner in this act provided, which board shall be known and designated as the "board of education of the city of Mount Vernon." Such board, and its successors, shall possess all the General powers conferred, and discharge all the duties imposed by this act, or by any general law of this state relating to school districts in cities, or relating to the board of education of such district, and not inconsistent with the provisions of this act.

powers.

Acquisition of real and person 1 estate.

Title to school property within city.

§ 229(b). The board of education of the city of Mount Vernon shall have the power, subject to the provisions of this act, to purchase, take, lease, hold or improve any real or personal estate, in trust for said school district of said city, for the support and maintenance of public schools, or for any of the purposes of edu cation in said city. It may also take, by gift, grant, bequest or devise, and hold any real or personal estate in trust for any of the purposes of education, art, or the purchase, support or maintenance of public libraries in said city, upon such terms as may be prescribed by the donor or donors and accepted by said board, and it may execute any trust for any of the purposes aforesaid, and provide for the proper execution thereof. The title of all the school-houses, sites and lots, located within the boundaries of the city of Mount Vernon, and personal property appertaining to the school-houses situated within said city, heretofore belonging to or in the possession of school districts numbered one, two, four and five, in the town of Eastchester, shall be and is hereby vested in the school district of the city of Mount Vernon; and School dis- said school districts, being wholly or in part within the boundand town. aries of said city, are each dissolved; and such districts or portions thereof as are within the boundaries of said city are consolidated and constituted, as hereinbefore provided, into the school district of the city of Mount Vernon; and all such parts or portions of said districts as are not within the boundaries of said city shall continue to remain as independent and separate school districts, as though this act had not been passed, until they may be annexed to such an adjoining district in said town of Eastchester, as the school commissioner of the first school commissioner district of the county of Westchester may desig nate, subject to an appeal to the superintendent of public instruction of this state.

tricts, city

Terms of

trustees residing outside of city.

The trustees of school districts numbers one, two, four and five, of the town of Eastchester, who do not reside in said city of Mount Vernon, shall continue to discharge the duties of their respective offices during the remainder of the terms thereof, or until the remaining portions of such district or districts are annexed to and form a part of some other district in said town, as hereinbefore provided; and said trustees residing Vacancies. outside of said city are hereby empowered to fill any vacancy or vacancies which shall occur in any of the offices of their respec

tive boards of education by reason of this act until the next regular school election in their respective districts, when such vacancies shall be filled by election for the balance of the unexpired term of such respective offices. In the event of any portion Terms to of any one of said districts one, two, four or five being annexed texa to any other portion of said districts lying outside of said city, then the terms of office of all the trustees of such districts so annexed shall cease and expire.

cease upon

tion.

committee

account of

etc.

§ 229(c). Immediately following the passage of this act, the Special county judge of Westchester county, by designation in writing to take to be signed by him and filed in the office of the city clerk of property, said city of Mount Vernon, shall appoint five persons, who upon such appointment shall constitute a special committee to take account of the real and personal property, school-houses, sites and lots, held in trust, for the purposes of education, by the trus tees or board of education of the several school districts herein enumerated at the time of the consolidation hereby prescribed; and said committee shall ascertain, by reference to the report of Duties. the board of education of the city of Mount Vernon, as hereinafter directed to be made, how much of such real and personal property subsequently became vested in the school district of the city of Mount Vernon under the provisions of this act, and how much of such property remains outside the boundaries of the city of Mount Vernon, and in the possession of the school districts, or any of them, of the town of Eastchester. Such committee shall thereupon, subject to the approval of the superintendent of public instruction of this state, adjust the values of such prop- Adjust erty equitably among the school districts in interest, directing values of what sum or sums of money, if any, are to be paid to or received by any of the school districts hereby affected, whether of the town of Eastchester, or of the city of Mount Vernon, as com pensation for or in satisfaction of property transferred or acquired under the provisions of this act. And the sum or sums of money Moneys payable, so directed to be paid, if approved by the superintendent of public charged instruction of the state, shall become a charge against the school sessed. district or districts found indebted, and the amount assessed shall be included in the next succeeding annual statement of moneys required, submitted by the trustees or boards of education under existing laws or under the provisions of this act, and when col

ment of

property.

how

and as

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