estimate direct issue of estimate and apportionment when so requested by the depart- Board of ment of public parks may, from time to time, in such amounts etc., to as the said board of estimate and apportionment shall deem necessary, for the payment of the work and materials to be done and furnished as aforesaid, direct said comptroller to issue the aforesaid bonds and stock. of columns railway. § 4. Should it be necessary in order to carry out the plan Alteration adopted and approved as aforesaid for the improvement of said of elevated parkway, to alter or change the location of any of the columns or piers supporting the tracks or roadway of the elevated railway now owning the same between Columbus and Eighth avenues the said commissioners of public parks are authorized and empow ered to make such alterations and the expense incurred thereby shall be paid in the same manner as the other work of said parkway as herein before provided. 5. This act shall take effect immediately. Chap. 46. AN ACT to provide for the planting, care and preservation of the trees on West End avenue in the city of New York. BECAME a law February 22, 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: planting, trees. Section 1. The department of public parks in the city of New Control of York shall have cognizance and control of the planting, care and etc., of preservation of all trees which have been planted, or may hereafter be planted on West End avenue, in the city of New York. expense. § 2. The cost and expense of the carrying into effect the powers Cost and conferred by this act, shall be provided for in a special annual appropriation for the department of public parks, in the same manner as other expenses of the said department are now provided for by law. § 3. This act shall take effect immediately. Apportionment of assessments. Chap. 47. AN ACT to authorize and direct the comptroller of the city of New York to apportion certain assessments affecting property of St. Ann's church of Morrisania, in the city of New York, and to cancel such portions of said assessments as have been laid against cemetery lands of said church and to mark such assessments accordingly. BECAME a law February 22, 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: Section 1. The comptroller of the city of New York is hereby authorized and directed to apportion all those certain assessments made and levied by the mayor, aldermen and commonalty of the city of New York, against the lands owned or occupied by St. Ann's church of Morrisania, in the city of New York, prior to the first day of January, eighteen hundred and ninety-four, between that portion of such lands conveyed to said church, and held and used by it for cemetery purposes and that portion of said lands not so held for cemetery purposes by said church, ratably to the proportion between said cemetery lands and the Cancella- remaining lands of said church so assessed, and to cancel and annul that proportion of said assessments which said comptroller shall so apportion as levied and made against the said cemetery land of said church, and to mark such proportion of said assessments which said comptroller shall so apportion as levied and made against the said cemetery land of said church, and to mark such proportion of said assessments which said comptroller shall so apportion as levied and made against said cemetery lands of said church, as cancelled and annulled upon the assessment books of the city of New York, in accordance with the apportionment made by said comptroller. tion of certain portions. § 2. This act shall take effect immediately. Chap. 48. AN ACT to amend chapter two hundred and thirty-two of the laws of eighteen hundred and ninety-two, entitled "An act to provide for the construction of a bridge over the Harlem ship canal in the city of New York." BECAME a law February 22, 1894, with the approval of the Governor. Passed by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section three of chapter two hundred and thirty-two Act of the laws of eighteen hundred and ninety-two, entitled "An act to provide for the construction of a bridge over Harlem ship canal in the city of New York," is hereby amended so as to read as follows: construct and ap § 3. The expense of constructing said bridge and approaches Expense of thereto, with the necessary abutments and arches as aforesaid, ing bridge shall not exceed four hundred and fifty thousand dollars, and proaches. such further sum for paying awards for damages caused by reason of the change of grade of streets or avenues approaching the same, authorized by this act, as may be awarded by the board of assessors of the said city, whose duty it shall be to estimate the damage which each owner of land fronting on such street or avenue will sustain by reason of such damage to such land, or to any improvements thereon, and make a just and equitable award to the amount of such damage to the owner or owners of such lands or tenements fronting on such street or avenue, and opposite thereto, and affected by such change of grade. The comptroller of said city shall, from time to time, when directed by the board of estimate and apportionment, prepare and issue Issue of bonds of said city bearing interest at not more than four per centum per annum, and redeemable from time to time, but not less than twenty years after the date thereof, for the purpose of defraying the expense of constructing the said bridge and approaches thereto, with the necessary abutments and arches as aforesaid, and for paying the awards which may be for damages by reason of any change of grade as aforesaid. bonds shall not be sold for less than the par value thereof, the moneys received from the sale of the said bonds shall made bonds. Such Sale and disposition ceeds. and of probe deposited in the treasury of the said city, and shall be drawn and paid by the comptroller of the said city for the several objects and purposes provided in this act, upon vouchers in a form to be prescribed by the said comptroller. § 2. This act shall take effect immediately. Issue of bonds Chap. 49. AN ACT to authorize the issuing of bonds of the city of Yonkers for moneys which the board of education in said city has heretofore been authorized, or may hereafter be authorized, by the common council of said city to borrow for the purpose of pur chasing the necessary land and erecting a building or buildings for school purposes. BECAME a law February 23, 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: Section 1. All loans of money which the board of education in authorized. the city of Yonkers has heretofore been authorized or may hereafter be authorized by the common council of said city to borrow for the purpose of purchasing the necessary land and erecting a building or buildings for school purposes, for which bonds have not been sold by the said board, or if sold have not been delivered, shall be evidenced by the bonds of the city of Yonkers, which bonds shall be conditioned that the city of Yonkers will pay the principal named therein with interest at the rate to be specified therein and not greater than six per centum per annum, payable semi-annually on the first day of April and of October of each year, shall mature in sums not exceeding five thousand dollars in any one year, and be payable by the city treasurer, shall be signed by the mayor and the city clerk of the city of Yonkers, and sealed with the corporate seal of said city, and a record thereof shall be kept in the city clerk's office of said city. Such bonds shall be delivered to said board of education, and the moneys Disposition realized therefrom by said board shall be paid into the hands of ceeds. the city treasurer to the credit of the said board of education and of pro be drawn only on warrants of said board and only for the purposes for which said loans have been authorized. Said bonds before The Tax for interest and being negotiable shall be signed by the president and clerk of the said board of education and sealed with its corporate seal. common council of the city of Yonkers shall annually raise by principal. tax and as a part of the school moneys the amount of money necessary to pay the interest annually accruing upon such bonds. and the principal falling due and payable in each year, and shall have no power to refuse to raise the same by tax with the other school moneys or to withhold or to refuse to pay the same. § 2. All acts or parts of acts inconsistent with this act are Repeal. hereby repealed. §3. This act shall take effect immediately. Chap. 50. AN ACT to amend section two hundred and twenty-five of the code of criminal procedure, relative to grand juries. BECAME a law February 23, 1894, with the approval of the Governor. Passed, by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred and twenty-five of the code of criminal procedure is hereby amended so as to read as follows: $225. For what courts to be drawn, et cetera.-A grand jury must be drawn for every term of the following courts: 1. The court of oyer and terminer, except in the city and county of New York and the county of Kings, and except for extraordinary or adjourned terms. But whenever in any other county than New York and Kings, more than four terms of the court of over and terminer shall be appointed to be held in any year, the justices of the supreme court, or a majority of them, of the district in which said county is situated may designate four terms of the court of oyer and terminer in said county for which a grand jury shall be drawn, and a grand jury shall attend at such terms only; 2. The court of general sessions of the city and county of New York, and the court of sessions of the county of Kings; and 3. The city courts whenever an indictment can be found therein. §2. This act shall take effect immediately. |