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CHAP. 235.

AN ACT to amend chapter two hundred and twenty-nine of the laws of eighteen hundred and seventy-nine, entitled "An act in reference to the collection of taxes in the counties of Chautauqua and Cattaraugus."

PASSED April 16, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-eight of the laws of eighteen hundred and seventy-nine, entitled "An act in reference to the collection of taxes in the counties of Chautauqua and Cattaraugus," is hereby amended so as to read as follows:

to be con

§ 28. Whenever the treasurer of either of said counties shall discover, Lands prior to the conveyance of any lands sold for taxes by virtue of this sold not act, that the sale thereof was, for any cause whatever, invalid or in- veyed if effectual to give title to the lands sold, the lands so improperly sold taxe is invalid, shall not be conveyed, but such treasurer shall cancel the sale and etc. forth with cause the purchase-money and interest thereon to be refunded out of the county treasury to the purchaser, his representatives or assigns; or, if the discovery that the sale was invalid shall not be made until after the conveyance shall have been executed for the lands sold, it shall be the duty of the officer making such sale or conveyance, on receiving evidence thereof, and that the person applying for such cancellation has repaid to the holder of such deed of conveyance all taxes paid on said land subsequent to the making of such conveyance to the holder thereof, with interest thereon from the time of payment at the rate of eight per cent per annum, to cancel the sale and to refund out of the county treasury to the purchaser, his representatives or assigns the purchase-money and interest thereon, and to recharge the town from which the tax was returned with the amount of purchase-money and interest at the rate of eight per cent from the time of the sale, and shall cause such sum to be levied and collected as required by law. § 2. This act shall take effect immediately.

CHAP. 236.

AN ACT to amend section one of chapter two hundred and thirty-six of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to establish a free school in district number five, town of Oyster Bay, Queens county,' passed April fifteenth, eighteen hun dred and fifty-seven.'

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PASSED April 16, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and thirty-six of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to establish a free school in district

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number five, town of Oyster Bay, Queens county,' passed April fifteenth, eighteen hundred and fifty-seven," is hereby amended so as to read as follows:

§ 1. The tenth section of the act entitled "An act to establish a free school in district number five, town of Oyster Bay, Queens county," passed April fifteenth, eighteen hundred and fifty-seven, is hereby amended to read as follows:

§ 10. The said board of education is hereby authorized and directed to levy and collect by tax in each year such sum as may be necessary for teachers' wages and contingent expenses upon all of the taxable property in said district not exceeding sixty-five one-hundredths of one per centum on the value of such taxable property, as the same shall be assessed by the assessors of the town of Oyster Bay, and the said board shall add to the amount of any warrant for the collection of taxes such amount as they shall deem proper, as the collectors' fees for collection, which compensation, however, shall in no case exceed five per centum on the amount of any warrant.

§ 2. This act shall take effect immediately.

CHAP. 237.

AN ACT to amend an act entitled "An act for the protection of corporations organized for generating and distributing steam for heating and other purposes," passed May twelfth, eighteen hundred and eighty.

PASSED April 16, 1883.

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

SECTION 1. Section two of an act entitled "An act for the protection of corporations organized for generating and distributing steam for heating and other purposes," passed May twelfth, eighteen hundred and eighty, is hereby amended so as to read as follows:

§ 2. Any person who, with intent to injure or defraud any corporation organized under the laws of this state for the purposes aforesaid, shall connect, or cause to be connected, any pipe, tube or other indefraud, a strument or contrivance with any main, service pipe or other pipe for conducting or supplying steam, or shall open, or cause to be opened, any valve or other contrivance in any such main, service pipe or other pipe in such manner as to connect with and be calculated to supply steam for heating, for moving machinery, or for any other purpose or use, or with like intent shall make, or cause to be made, any such connection or opening in such manner as to connect with or be calculated to supply steam as aforesaid, without such steam passing through the meter or other device provided for the measuring and registering the quantity of steam consumed, or the quantity of water resulting from condensation of such steam consumed, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

Penalty

On refusal to pay

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

§ 5. If any person or persons, corporation or association, supplied with steam by such corporation organized under the laws of this state

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for the purposes aforesaid, shall neglect or refuse to pay the rent or rent steam remuneration for such steam, or for the meter, device, pipes, fittings off." or appliances, let by such corporation for supplying steam, or for ascertaining the quantity of steam consumed, or the quantity of water resulting from the condensation of the steam consumed, agreed upon or due for the same, as required by his, their or its contract with such corporation, the latter may thereupon stop and prevent the steam from entering the premises of such person, persons, corporation or association so neglecting or refusing to pay such rent or remuneration. The said corporation may also in any of the cases enumerated in this Also in act in which a person is liable to pay a forfeiture, or is liable to fine where penor imprisonment, or both such fine and imprisonment, stop and pre- alty has vent the steam from entering the premises of the person so liable; or curred. if such person be an officer or agent of any corporation or association, stop and prevent the steam from entering the premises of the corporation or association of which the person so liable is an officer or agent. In all cases in which such corporation is authorized to stop and pre- Entry for vent the steam from entering any premises, it may, by its officers, agents, or workmen, enter into or on such premises between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and cut off, disconnect, separate and carry away any meter, device, pipe, fitting or other property of the said corporation; and may cut off, disconnect, and separate any meter, device, pipe or fitting, whether the property of the corporation or not, from the mains or pipes of said corporation. Any person who, without the consent of such cor- Misdeporation, shall open, or cause to be opened, any valve closed under the meanor provisions of this section by any corporation organized under the laws valves, of this state for the purposes aforesaid, or reconnect, or cause to be reconnected, any connection disconnected by any such corporation under such provisions, or turn on steam, or cause the same to be turned on, or to re-enter any premises when the same has been stopped and prevented from entering them by such corporation as provided in this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

§ 3. This act shall take effect immediately.

CHAP. 238.

AN ACT to amend chapter one hundred and seventeen of the laws of eighteen hundred and fifty-three, entitled "An act to authorize the formation of corporations for the erection of buildings," and the acts amending the same.

PASSED April 16, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter one hundred and seventeen of the laws of eighteen hundred and fifty-three, entitled "An act to authorize the formation of corporations for the erection of buildings,” and the acts amendatory thereof is hereby amended so as to read as follows:

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Corpora

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to be filed,

and what

to be stated therein.

Increase, etc., of capital.

Trustees

of fire de

etc.

§ 1. At any time hereafter, any five or more persons who may desire to form a company for the erection of buildings, or for the laying out and subdivision of lands into building lots or villa plots, and the improvement and sale thereof; or the construction or leasing of elevators and warehouses for the storage and elevating of grain, and for the making, purchasing and selling of materials for the construction of buildings, may make, sign and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the county in which the business of the company shall be carried on, and a duplicate thereof in the office of the secretary of state, a certificate in writing, in which shall be stated the corporate name of the said company, and the object for which the company shall be formed; the amount of the capital stock of said company, which shall not be less than three thousand dollars nor exceeding one million dollars; the term of its existence, not to exceed fifty years; the number of shares of which the stock shall consist; the number of trustees, and their names, who shall manage the concerns of the said company for the first year; and the name of the place in which the operations of the said company are to be carried on.

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

§ 20. Any company which may be formed under this act may increase or diminish its capital stock, by complying with the provisions of this act, to any amount not less than three thousand dollars, which may be deemed sufficient and proper for the purposes of the corporation; but before any corporation shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities shall exceed the amount of capital to which it is proposed to be reduced, such amount of debts and liabilities shall be satisfied and reduced so as not to exceed such diminished amount of capital. §3. This act shall take effect immediately.

CHAP. 239.

AN ACT to amend chapter three hundred and ninety of the laws of eighteen hundred and sixty-six, entitled "An act to revise and amend the charter of the Elmira fire department," passed April fifth, eighteen hundred and sixty-three. PASSED April 16, 1883; three-fifths being present.

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

SECTION 1. Section three of chapter three hundred and ninety of the laws of eighteen hundred and sixty-six, entitled "An act to revise and amend the charter of the Elmira fire department," is hereby amended so as to read as follows:

§ 3. The mayor of the city of Elmira and the members of the standpartment, ing committee of the common council of said city on fire department shall be by virtue of their said offices, and are hereby constituted the trustees of "The Fire Department of the City of Elmira," and the chamberlain of said city shall, by virtue of such office, be and he hereby is constituted the treasurer of The Fire Department of the City of Elmira."

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

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5. The board of trustees shall apply the funds of said corporation Applicawhich shall arise from chimney fines, certificates of membership, money funds. paid by insurance companies in pursuance of law and donations, or otherwise, as they shall deem proper for the uses of the fire department of said city.

§ 3. Section six of said act is hereby repealed.

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

etc., to be

lain.

§ 10. All moneys and evidences of indebtedness now in the hands Moneys, of and belonging to the treasurer of the fire department of said city, paid to as the same before the passage of this act has been and is organized, chambershall be paid to the treasurer of the said corporation upon his demand therefor, and all moneys and indebtedness belonging to "The Fire Department of the City of Elmira," which shall at any time be in the hands of any former or other treasurer of said corporation than the chamberlain of said city, shall be paid to the chamberlain of said city as treasurer of "The Fire Department of the City of Elmira " upon his demand therefor; and all moneys which by law now are or hereafter may be directed to be paid into the treasury of said city, or otherwise, and which now or may hereafter by law be directed to be paid by any insurance companies or persons, to be applied for the purposes of the fire department of said city, shall be payable to the chamberlain of the city of Elmira, as treasurer of the fire department of the city of Elmira.

5. This act shall take effect immediately.

CHAP. 240.

AN ACT to amend chapter two hundred and sixty-two of the laws of eighteen hundred and fifty-seven, entitled "An act to amend the act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight.

PASSED April 16, 1883.

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

SECTION 1. The first section of the act passed April sixth, eighteen hundred and fifty-seven, entitled "An act to amend an act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, is hereby amended so as to read as follows:

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§ 1. At any time hereafter, any three or more persons who may Corporadesire to form a company for the purpose of carrying on any kind of tors and manufacturing, mining, mechanical or chemical business, or the busi- objects. ness of printing and publishing books, pamphlets and newspapers, or the business of receiving, obtaining, collecting and accumulating items and matters of news, and selling, vending, furnishing and supplying the same, may make, sign and acknowledge before some officer competent to take the acknowledgment of deeds, and file in the office of the

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