Act amended. Repair and restoration of city building. Plans for repairs. Chap. 87. AN ACT to amend chapter one hundred and fifty-one of the laws of eighteen hundred and ninety-one, entitled "An act to provide for the construction of certain public buildings in the city of Albany," as amended by chapter one hundred and thirty-five of the laws of eighteen hundred and ninety-two. BECAME a law March 2, 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. Chapter one hundred and fifty-one of the laws of eighteen hundred and ninety-one, entitled "An act to provide for the construction of certain public buildings in the city of Albany," as amended by chapter one hundred and thirty-five of the laws of eighteen hundred and ninety-two, is hereby amended by adding the following sections: § 8. In case the common council of the city of Albany shall not before this act takes effect, otherwise provide for procuring the money required to defray the expense necessary to be incurred for the repair and restoration of the city building, in said city, "the public building commissioners of the city of Albany," whose appointment is authorized by the first section of the act hereby amended, shall, in addition to the powers conferred in and by the said act, have power and authority to repair and restore said city building, and make such alteration in the present plan thereof and such additions to said building and improvements therein as shall in their judgment be desirable for the purpose of making said city building suitable and convenient for the needs of the various boards, commissions, departments and officers of the city government, provided that the aggregate expense of making such repairs and additions shall not exceed the sum of twenty-five thousand dollars. The work shall be let and performed in the manner required in and by said act hereby amended, except that the said commissioners shall solicit, by public advertisement for five successive days in three newspapers published in the city of 'Albany, plans or plans and specifications for the repairs and improvements of said city building, and said plans or plans and specifications, when adopted by said commissioners, shall be for work. expendi opened for public inspection at such place as the said commissioners may designate, at least one week before the letting of any contract for said repairs and improvements. As soon as the said Contracts commissioners, or a majority of them, shall agree upon a plan for the repairing and improvement of said city building, the work of repairing and improving the same shall be let by contract or contracts and said commissioners shall give reasonable notice in three newspapers published in the city of Albany, calling for bids for the repairing and improvement of said city building. Said notice to be by publication for five successive days. The money required to pay the expenditure authorized by Money for this section shall be taken from any unexpended balance now tures. remaining in the custody of the chamberlain of the city of Albany to the credit of said commissioners so far as such balance will pay the same, and such other moneys as shall be necessary for such purpose shall be paid out of any fund in the custody of said chamberlain not appropriated to any specific use or purpose; and if there shall be no such fund, the remainder of the moneys shall be obtained by the issuance of a certificate of indebtedness to be Issue of subscribed by the board of finance of said city, or a majority of the of indebted members of such board, which certificate of indebtedness shall bear interest at a rate not exceeding five per centum per annum, to be fixed by said board of finance, be made payable on the first day of February, eighteen hundred and ninety-five, and be negotiated by the board of finance after five days' notice published in the official newspapers of said city for bids therefor. The amount Tax. thereof with interest shall be included in the next city tax budget and be raised by tax in the same manner as other money necessary for the current expenses of the city government. certificates ness. commis § 9. The mayor of the city of Albany shall assign or appoint Clerk to as clerk to said commission one of the mayor's clerks, who shall sion. keep a record of all their transactions and perform such other services as may be required of him by said commissioners, and who shall serve without additional compensation. abolished. § 10. The clerkship established by section one of chapter one Clerkship hundred and fifty-one of the laws of eighteen hundred and ninety. one is hereby abolished. §2. This act shall take effect immediately. Chap. 88. AN ACT to amend the executive law in relation to notaries public and to confirm the acts of certain public officers. BECAME a law March 2, 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. Sections eighty-two, eighty-three, eighty-four, eightyfive and eighty-six of the executive law, as amended by chapter! two hundred and forty-eight of the laws of eighteen hundred and ninety-three, are amended to read respectively as follows: § 82. Notary public acting in more than one county.-A notary public appointed for either of the counties of Kings, Queens, Richmond, Westchester, Putnam, Suffolk, Rockland, Orange or Dutchess, or for the city and county of New York, upon filing in the clerk's office in any of such counties, his autograph signature and a certificate of the county clerk of the county for which he is appointed setting forth the fact of his appointment and qualification as such notary public; or any notary public appointed for any county of the state, upon filing in the clerk's office of an adjoining county, his autograph signature and a certificate of the clerk of the county in and for which he is appointed, setting forth the fact of his appointment and qualification, as such notary public, may exercise all the functions of his office, in the county in which such autograph signature and certificates are filed with the same effect in all respects as if the same were exercised the county in which he resides and for which he was appointed. The county clerk of a county in whose office any notary public has so filed his autograph signature and such certificate, shall, when so requested subjoin to any certificate of proof or acknowledgment signed by such notary, a certificate under his hand and seal stating that such notary public has filed a certificate of his appointment with his autograph signature in his office, and was at the time of taking such proof or acknowledgment duly authorized to take the same; that he is well acquainted with the handwriting of such notary public and believes that the signature to such proof or acknowledgment in is genuine, and thereupon the instrument so proved or acknowl edged and certified shall be entitled to be read in evidence or to be recorded in any of the counties of this state in respect to which a certificate of a county clerk may be necessary for either purpose. 83. Notice of appointment and fees payable by notaries public. The county clerk of each county, forthwith upon the receipt of the commission of a person appointed notary public for such county, shall mail to such person a notice of his appointment inclosed in an envelope with the address of such county clerk printed thereon. If a person appointed notary public in and for any county shall not file his oath of office as such notary public, in the office of the clerk of such county, within fifteen days after the notice of his appointment is so mailed, or within fifteen days after the commencement of the term for which he is appointed, his appointment and office as such notary public shall be deemed vacant, and such clerk shall forthwith notify the governor of such vacancy. Such county clerk shall not file the oath of office of such notary public until there shall be paid to such county clerk, by such notary public: 1. If he reside in New York county or Kings county, ten dollars. 2. If he reside in a city having a population, as shown by the then last preceding federal or state enumeration, of more than fifty thousand, and less than six hundred thousand, five dollars. 3. If he resides elsewhere, two and one half dollars. Neither the clerk of the city and county of New York, nor the county clerk of the county of Kings, shall file a certificate of the appointment and qualification of a person appointed to be a notary public in and for any county other than New York or Kings, until such notary public shall pay such clerk seven and one-half dollars. - § 84. Disposition of fees paid by notaries public. The county clerk of each of the counties of New York, Kings and Erie may appoint an assistant to be known as notarial clerk. The county clerk of Erie county may retain, from each fee so paid by a notary public as a condition of filing his oath of office, one dollar and a half. The clerk of each of the counties of New York and Kings may retain, from each fee so paid by a notary public as a condition of filing his oath of office, three dollars, but not exceeding the total amount of fifteen hundred dollars in any one year, and each of the county clerks of the counties of New York, Kings and Erie, may apply the amount so retained by him in payment of the salary of the notarial clerk in his office. The county clerk in each county other than the counties of New York, Kings and Erie, may retain, from each fee so paid by a notary public as a condition of filing his oath of office, fifty cents. The amounts so retained by a county clerk of any county shall be in full payment for all his services and disbursements connected with the appointment and qualification of notaries public to act as such in such county. If the office of any such county clerk is a salaried office, such county clerk shall pay over the sum so retained by him, to the officer to whom fees of such county clerk are required by law to be paid. The county clerk of every county shall, on the last days of June and December in each year pay over to the governor out of the amount of fees so paid to such county clerk by notaries public as a condition of filing their oaths of office, during the six months then next preceding, seventy-five cents for each such notary public so filing his oath. The governor may apply the amount so retained by him in payment of the salaries of notarial clerks in the execu tive chamber. The county clerk in every county shall, on the last days of June and December in each year, pay over to the state treasurer the remainder of all fees paid to such county clerk by notaries public in pursuance of this chapter, during the six months then next preceding, or theretofore paid such clerk and not previously paid over or retained by him in pursuance of law, over and above the amounts so retained by him and the amounts so transmitted by him to the governor. § 85. Powers and duties of notary public.—A notary public has authority: 1. Anywhere within the state to demand acceptance and pay. ment of foreign and inland bills of exchange, and of promissory notes, and may protest for the non-acceptance or non-payment thereof, to exercise such powers and duties as by the law of nations and according to commercial usage, or by the laws of any other government, state or country, may be performed by notaries. 2. In the county in and for which he shall have been appointed and elsewhere, as provided in section eighty-two of this act, to administer oaths and affirmations, to take affidavits and certify the acknowledgment and proof of deeds and other writ |