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CHAP. 40.

AN ACT to release to certain charitable institutions the interest of the people of the state of New York, in certain personal property formerly of James Kelly of the city of New York, deceased.

PASSED March 9, 1877; by a two-third vote.

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

SECTION 1. All the right, title and interest, of the people of this state Release. in and to so much of the personal estate formerly of James Kelly of the city of New York, deceased, as is given and bequeathed or attempted to be given and bequeathed in and by the eighth clause of the last will and testament of said James Kelly, deceased, disposing, or attempting to dispose, of the residuary estate of the said James Kelly, is hereby released to and vested in:

1. The nursery and child's hospital.

2. The society for the relief of poor widows with small children. 3. Manhattan eye and ear hospital.

4. House of rest for consumptives.

5. Institution of mercy, for St. Joseph's industrial home for destitute children, Eighty-first street and Madison avenue.

6. Nuns of the order of St. Dominick of the city of New York, for industrial school of the sisters of St. Dominick.

7. Union home and school for the education and maintenance of the children of our volunteers who are left unprovided for.

8. St. James' church, for St. James' industrial home.

9. Home for incurables.

10. The St. Stephen's home for children.

11. Home for the aged of the little sisters of the poor of the city of New York.

12. New York ophthalmic hospital.

13. Sisters of the poor of St. Francis.

14. The Samaritan home for the aged of the city of New York, equally, share and share alike; and George W. Duer and Lawrence D. Kiernan, the executors of said James Kelly, deceased, and the survivor of them, are hereby authorized to assign, transfer and pay over to said releasees, the said residuary estate of James Kelly, deceased; and all such assignments, transfers and payments shall be as valid and shall have the same effect as if made to the people of this state.

Institu

tions.

§2. Nothing herein contained shall impair, release or discharge Rights of any right, claim or interest of any next of kin or heir at law in or to certain the personal property herein mentioned.

83. This act shall take effect immediately.

parties not affected.

6

Abandonment of

road, etc.

CHAP. 41.

AN ACT to repeal chapter one hundred and sixteen of the laws of eighteen hundred and thirty-six, entitled, "An act to incorporate the Butternuts and Sherburne turnpike company," and to continue the turnpike therein authorized, and declaring it to be a public highway.

PASSED March 9, 1877.

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

SECTION 1. The turnpike road known as the Butternuts and Sherburne turnpike, leading from the town of Sherburne, in the county of Chenango, to the town of Oneonta, in the county of Otsego, is hereby abandoned as a turnpike; and the said road is hereby continued and declared to be a public highway, and the same shall hereafter be under the jurisdiction and control of the commissioners of highways of the highways. several towns through which said road passes, and the same shall be divided into road districts by such commissioners, in each of said towns, according to law.

Duties of

commissioners of

Laws of

116, re

pealed.

§ 2. Chapter one hundred and sixteen of the laws of eighteen hun1836, chap. dred and thirty-six, entitled, "An act to incorporate the Butternuts and Sherburne turnpike company, passed April ninth, eighteen hundred and thirty-six, and all acts supplementary thereto and amendatory thereof are hereby repealed.

Laws of

1866, chap.

606,

§ 3. This act shall take effect immediately.

CHAP. 42.

AN ACT to amend chapter six hundred and six of the laws of eighteen hundred and sixty-six, entitled, "An act to incorporate the village of Cambridge," passed April sixteenth, eighteen hundred and sixty-six, and the several acts amendatory thereof.

PASSED March 14, 1877; 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 six hundred and six of the laws of eighteen hundred and sixty-six, entitled, "An act to incorporate the amended. village of Cambridge," as amended by chapter two hundred and ninetyfive of the laws of eighteen hundred and sixty-eight, is hereby amended so as to read as follows:

Officers of village.

§ 3. The officers of said village shall be denominated village officers. The village officers shall be a President and six Trustees, who shall reside within the territory of said village, and three of whom shall reside in each road district as provided in section one; a Treasurer, one Assessor, Clerk, Collector, two Street Commissioners, one in each road district, six Police Constables, three in each road district, a Police Jus tice, a Pound Master, and two Fire Wardens.

of.

sation.

The President, Trustees, Treasurer, Assessor, Police Justice and Election Collector, shall be elected by ballot at each annual meeting, and shall serve without fee or reward, except the Police Justice, Collector and Assessor, who shall severally be entitled to their fees, as hereinafter Compenprovided; and all other officers named in this act shall be appointed Removal annually by the Board of Trustees, and may be removed by the Board of of. Trustees for sufficient cause shown, but all such officers shall have a right to be heard in their own defense before said Board after they have been duly served with a copy of said charge. The said Police Justice Jurisdicand police constables shall have and are hereby vested with the same tion of powers and jurisdiction in all criminal proceedings arising in the Justice and bounds of said village, and in all actions for penalties arising under police conany of the provisions of this act, or under any of the By-laws of said village, and shall be entitled to the same fees for their services, and shall be paid in the same manner as is now provided by law for the Justices Fees of. of the Peace and constables in the towns of Cambridge and White Creek respectively.

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

lows:

police

stables.

election,

§ 5. An election of officers of said village shall be held annually, on Annual the last Tuesday of March of each and every year, at such place in said holding of. village as the Board of Trustees shall appoint, of which election ten days notice shall be given by publishing the same in the village paper, or in any such other manner as the Trustees may direct.

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

and duties

sioners.

§18. The Street Commissioners shall, under the direction and super- Powers vision of the Board of Trustees, superintend all work ordered or re- of street quired to be done or performed upon any of the streets, highways, commis lanes, alleys, foot bridges, and walks in said village. They shall hire and employ the requisite laborers, and direct them as to the time and manner of the execution of their work, and shall certify from time to time to said Board, when required by them, the names of all persons who shall have been employed by them, and the amount paid each person, each day. They shall, within said village, possess the powers and perform the duties of Overseers of Highways, so far as such powers and duties are required to be performed therein and are consistent with this act. They shall keep an accurate account of all moneys expended by them, and shall, at least ten days before the annual election, and at such other times as the Board of Trustees shall require, render to the said board a statement, under oath, setting forth the amount of work done, and when and where done, the amount of money received and paid out, together with vouchers, and the Street Commissioners shall be Compenentitled to receive for their services such sum as the Trustees shall sation. direct, to be paid out of the general highway fund. The Assessor shall Compenreceive the same per diem compensation as by law is allowed the Assess-sation of ors of the towns of Cambridge and White Creek, to be paid out of the village treasury upon the order of the Board of Trustees. The Pound Pound Master, Fire Warden, and other officers, appointed by the Board of master, Trustees, shall perform such duties, and possess such powers, and re- den, etc. ceive such compensation as shall be prescribed by the Board of Trustees.

assessor.

fire war

consistent

84. All sections of the said act incorporating the village of Cam- Acts inbridge, and of all acts amendatory thereof, inconsistent with the pro- repealed. visions of this act, are hereby repealed.

§ 5. This act shall take effect immediately.

Author

ized to

sell and

convey

CHAP. 43.

AN ACT in relation to the foundling asylum of the sisters of
charity in the city of New York.

PASSED March 15, 1877; three-fifths being present.

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

SECTION 1. The foundling asylum of the sisters of charity of the purchase, city of New York is hereby authorized to lease, purchase, have, hold, convey and mortgage, for the purposes of its incorporation, lands in real estate any of the counties of this State contiguous to the city of New York, in counties and to erect and maintain thereon all necessary and suitable buildProviso. ings, provided that the value of such lands shall not, in the aggregate, at the time of purchase, exceed seventy-five thousand dollars.

adjoining.

Compen

sation for ing needy

maintain

women, etc.

Additional

§ 2. The said asylum shall be entitled to and shall have and receive for each and every homeless and needy mother with a nursing infant, who shall reside at the asylum by request of its officers, and nurse her own infant, the sum of eighteen dollars per month, which said sum shall be raised and paid to the said foundling asylum of the sisters of charity in the city of New York, in the same manner, at the same time, and by the same authorities and officer in and at which, and by whom the sum paid to the New York infant asylum as to which it is or may be entitled, as aforesaid, shall or may be raised aud paid.

§ 3. Nothing in this act contained shall be construed as exempting real estate from taxation any additional real estate authorized to be held under this act.

not

exempt from taxa

tion.

Exten

sion of time.

84. This act shall take effect immediately.

CHAP. 44.

AN ACT to authorize the extension of the time for the col-
lection of taxes in the several towns of the State.

PASSED March 15, 1877; three-fifths being present.

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

SECTION 1. If any collector or receiver of taxes, in any town of this State, shall pay over all moneys collected by him, and shall renew his bond as herein provided, the time for the collection of taxes and for making return thereof by him, shall be, and is hereby extended to the Bond to be first day of May, eighteen hundred and seventy-seven. Such bond

renewed.

Penalty.

The

shall be renewed with such sureties as in any town shall be approved by the supervisor thereof; or in case of his absence or inability to act, by the town clerk thereof. The penalty thereof in any case shall be double the amount of taxes in that case remaining uncollected. Approval. bond shall be approved in writing, and filed in the same manner as the original bond is required by law to be filed, and have all the effect of a Copy to be collector's or receiver's bond. A copy of the bond and the approval to county thereof shall, within fifteen days after the passage of this act, be delivered

delivered

treasurer.

6

1

payment

to the county treasurer of the county in which said town is; but nothing Time for herein contained shall be construed as extending the time for the pay ment of the state tax, or any part thereof, by the county treasurer of said county to the comptroller as now provided by law. § 2. This act shall take effect immediately.

CHAP. 45.

AN ACT to enable the commissioners of the alms-house of the city of Kingston to borrow a sum of money not exceeding ten thousand dollars, and to provide for the payment thereof.

PASSED March 15, 1877; three-fifths being present.

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

of State tax by

county treasurer not.

extended.

borrow

SECTION 1. The commisioners of the alms-house of the city of AuthorKingston are hereby authorized to borrow such necessary sum or sums ized to not exceeding ten thousand dollars in the aggregate, as may be author- not to ized by the common council of said city, for the relief of the poor in exceed said city during the present year.

$10,000.

funds.

§ 2. All the moneys so borrowed shall be first paid to the treasurer Applicaof said city, and may be drawn from the treasury of said city by the tion of said commissioners, from time to time as the same may be needed, upon warrants directed to said treasurer, signed by the president of said commissioners, and countersigned by their secretary, and numbered consecutively as issued.

for.

§ 3. The common council of said city shall add to and collect with Payment the next general city tax to be levied and collected in said city, a sum provided sufficient to pay the principal and interest of the amount so borrowed, and the said sum as soon as may be, after its collection, shall be used for that purpose.

funds.

§4. The moneys authorized to be expended for the relief of the poor, Disburseby this act, shall, as far as possible, be disbursed for labor in breaking ment of stone for the streets of the city of Kingston, or other street improvements; such work to be done under the direction of the officer charged with the superintendence of the streets. An account of all disburse- Account to ments under this act, shall be kept by the alms-house commissioners be kept. and reported to the common council and filed with the city clerk. 5. This act shall take effect immediately.

CHAP. 46.

AN ACT to amend chapter one hundred and twenty-five of the laws of eighteen hundred and seventy-four, entitled "An act to provide for the establishment of a system of graded schools in the village of Ithaca."

PASSED March 16, 1877; 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 twenty-five of Laws of the laws of eighteen hundred and seventy-four, entitled "An act to chap. 125,

1874, sec. 4, amended.

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