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and duties

how made

§ 3. The said trustees shall have the superintendence of the several Trustees of oyster lots, owned, occupied or held by the several lot-owners or hold- tions, ers who are members of said company, and make by-laws regulating powers the planting, cultivation, taking up and protection of oysters planted of. upon the said several lots, which said by-laws shall be entered in a book to be provided for that purpose by the clerk or secretary, to be elected by said trustees from one of their number, but said by-laws By-laws, shall not be amended or changed except at an annual or regular meet- and ing of the lot-owners or holders of said company and by a majority amended. of votes of said lot-owners or holders present and voting. The said trustees may employ such persons as they deem advisable for watching Employand protecting the oysters upon said several lots, and the protection of mentor the general interest of said company, and make monthly assessments Assessupon the several members of said company for such sums of money expendias the said trustees deem necessary to meet the expenses of said com- tures, and pany, such assessments to be paid pro rata, share and share alike by covered. each individual member of said company. If any member of said company shall neglect to pay the amount of any such assessment within ten days after written notice thereof, by the clerk or secretary of said company, a right of action therefor shall accrue to said company, and said company may sue for and recover the same in its corporate name.

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

watchers.

ments for

how re

for tres

§ 5. Whenever under the laws of this State an action shall accrue Actions, for trespass or for a penalty, by reason of any act or thing done or pass, etc., committed by any person or persons to or in or about the oysters upon brought. any part or portion of the premises included within the bounds described by any or all of the leases held and belonging to any member or members of a company organized under this act, it shall be deemed to have been committed against the corporation and an action may be brought therefor in the corporate name of said company and any recovery had in any such action shall be the property of said cor- Recovery, poration.

§3. This act shall take effect immediately.

CHAP. 10.

AN ACT to establish the compensation of the county judge and surrogate of Richmond county.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 13, 1889. 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 annual salary of the county judge and surrogate of Richmond county from and after the passage of this act, is hereby fixed at the sum of five thousand dollars.

§ 2. This act shall take effect immediately.

2

how applied.

City

charter

Elective city offi

cers.

Ward officers.

Election districts,

how constituted.

CHAP. 11.

AN ACT to amend chapter one hundred and twenty of the laws of one thousand eight hundred and eighty-six, entitled "An act to revise the charter of the city of Lockport."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 13, 1889. 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 five of title three of chapter one hundred and twenty of the laws of one thousand eight hundred and eighty-six, entitled "An act to revise the charter of the city of Lockport," is hereby amend* so as to read as follows:

§ 5. The elective offices of said city shall be one mayor, one police justice, one city treasurer, three commissioners of excise, one overseer of the poor, four constables, to be elected by the city at large; there shall also be three justices of the peace, to be elected as hereinafter provided. The elective offices in each ward shall be one supervisor, two aldermen and three inspectors of election for each election district. There shall also be such appointive offices as hereinafter provided.

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

§ 8. Each ward shall constitute at least one election district for said annual election, and for all State and other elections to be held in said city (except for the election of members of the board of education and school district officers), and the inspectors chosen under this act shall be inspectors of all such elections (except as aforesaid), and shall Inspectors possess the powers and discharge all the duties of inspectors of elections of election, under the laws of this State; and the provisions of the act concerning powers elections other than for militia and town officers, passed April fifth, one thousand eight hundred and forty-two, and all acts amendatory thereof, or supplemental thereto, are hereby declared applicable to the said city of Lockport, and the elections to be held under this act, except so far as they may be inconsistent herewith.

their

and duties.

Inspectors

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

§ 72. At every annual election of said city three inspectors of elecof election, tion for each election district shall be elected in each ward in the man

how

elected.

Their

duties.

ner prescribed by law. Said inspectors shall be inspectors of all elections to be held under this act and all other elections in said city (except for members of the board of education and school district officers), and shall possess the powers and discharge all the duties of such inspectors, and all provisions of law applicable to inspectors of election shall apply to said inspectors.

4. This act shall take effect immediately.

So in the original.

CHAP. 12.

AN ACT to amend sections three hundred and twenty-two and three hundred and twenty-three of chapter four hundred and nine of the laws of one thousand eight hundred and eighty-two, entitled "An act to revise the statutes of this State relating to banks, banking and trust companies."

APPROVED by the Governor February 16, 1889. Passed, three-fifths being present.

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

Laws

SECTION 1. Section three hundred and twenty-two of chapter four state hundred and nine of the laws of one thousand eight hundred and Banking eighty-two, entitled "An act to revise the statutes of this State relating amended. to banks, banking and trust companies," is hereby amended so as to read as follows:

corpora

annual

Comp

§ 322. Every corporation, company or joint-stock association, and Certain the officers, managers or agents thereof, and all individual bankers, tions, etc., mentioned in section three hundred and twenty-one of this act, liable to make to pay a State tax, shall make a return to the Comptroller, in writing, return to on or before the first day of February of each year, in which return troller. shall be set forth the amount of the State tax to and for which they are liable, and of the average of deposits in and of moneys received and used in or on account of such business in this State, respectively, on which such tax is based, which return shall be verified by oath or Return. affirmation; and for any neglect or failure to make such return or pay and verlsaid tax, a penalty of ten per centum on the amount of the tax is fled. hereby imposed; and such tax and penalty may be recovered by the Penalty for people of this State in an action to be brought in any court of compe- make tent jurisdiction, by the Attorney-General, at the instance of the return, Comptroller.

§ 2. Section three hundred and twenty-three of the said act, is hereby amended so as to read as follows:

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neglect to

how re

covered.

account,

§ 323. The managers or agents of any corporation, company or Financial joint-stock association mentioned in section three hundred and twenty- how subone of this act shall keep, at all times, in the office where the business ject to Inspection. of such corporation, company or joint-stock association is transacted in this State, a full and accurate account of the moneys used or employed in said business, and of the deposits therein; and such account shall be subject to the inspection of the Comptroller, or of any clerk designated by him to inspect the same during business hours of any day on which business may be legally transacted.

§ 3. This act shall take effect immediately.

Duty of
Superin-
tendent of
Public

Works.

how payable.

CHAP. 13.

AN ACT to amend chapter two hundred and ninety-one of the laws of one thousand eight hundred and eighty-eight, entitled “An act appropriating the sum of five thousand dollars for the purpose of building a swing-bridge across the Cayuga inlet, at the west end of Buffalo street, in the village of Ithaca, New York."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 18, 1889. 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 one of chapter two hundred and ninety-one of the laws of one thousand eight hundred and eighty-eight, is hereby

amended so as to read as follows:

§ 1. The Superintendent of Public Works is hereby authorized to build a swing-bridge across the Cayuga inlet, at the crossing of Buffalo street in the city of Ithaca, and to construct the necessary abutments Appropria- and approaches thereto. The sum of five thousand six hundred doltion, and lars, or so much thereof as may be necessary, is hereby appropriated therefor out of any funds in the treasury not otherwise appropriated, and the Treasurer is hereby directed to pay the same on the warrant of the Comptroller, to the order of the Superintendent of Public Works. No money hereby appropriated shall be expended, or work shall be done, until a contract has been duly made and entered into by and between the Superintendent of Public Works and a responsible contractor after due advertisement therefor, and said work shall be let to the lowest bidder, who, in the judgment of the Superintendent, will duly perform the same; provided, however, that the Superintendent Inspector of Public Works may expend from such appropriation the necessary engineer- expenses for proper inspectorship of the work and engineering services. ing, how in connection therewith. paid.

Work to be let by con

tract.

ship and

§ 2. This act shall take effect immediately.

CHAP. 14.

AN ACT to fix and establish the compensation of the county judge and surrogate of the county of Lewis.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 18, 1889. 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 annual salary of the county judge and surrogate of the county of Lewis, from and after the passage of this act, is hereby fixed and established at the sum of twenty-four hundred dollars.

§ 2. This act shall take effect immediately.

CHAP. 15.

AN ACT to amend chapter two hundred and forty-three of the laws of eighteen hundred and seventy-seven, entitled "An act to further amend chapter one hundred and thirty-seven of the laws of eighteen hundred and forty-two, entitled 'An act in relation to common schools in the city of Utica,'" and chapter sixty-six of the laws of eighteen hundred and fifty, entitled "An act in relation to the common schools in the city of Utica."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 18, 1889. 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 one of chapter two hundred and forty-three of the laws of one thousand eight hundred and seventy-seven, entitled "An act to further amend chapter one hundred and thirty-seven of the laws of one thousand eight hundred and forty-two, entitled 'An act in relation to common schools in the city of Utica,'" and chapter sixty-six of the laws of one thousand eight hundred and fifty, entitled "An act in relation to the common schools in the city of Utica" is hereby amended so as to read as follows:

council, to

school

§ 1. The common council of the said city shall have the power and Powers of it shall be their duty to raise from time to time by tax upon the real raise and personal estate in said city which shall be liable to taxation for money for the ordinary city taxes, or for town or county charges, such sums as purposes. may be determined and certified by the said board of commissioners to be necessary and proper for any or all of the following purposes: 1. To purchase, lease or improve sites for school-houses. 2. To build, purchase, lease, enlarge, alter, improve and repair Schoolschool-houses and their out-houses and appurtenances.

Schoolhouse sites.

houses.

apparatus,

3. To purchase, exchange, improve and repair school apparatus, School books, furniture and appendages.

etc.

cies.

4. To procure fuel and defray the contingent expenses of the com- Fuel and mon schools, and the expenses of the district library of said city, which contingenshall be in addition to the amount of school moneys now or hereafter District appropriated or provided by law to be raised for common schools in library. said city, provided, nevertheless, that such tax shall be levied but Limita.

once in each year, and that the whole amount to be raised shall not in tion. any one year exceed the sum of thirty thousand dollars.

2. This act shall take effect immediately.

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