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Duty of
Supt. of
Public
Works.

CHAP. 101.

AN ACT authorizing and empowering the Superintendent of Public Works to construct a stone arch and covering over the chaunel used by the State for canal purposes on Center street in the village of Medina, and making an appropriation therefor.

APPROVED by the Governor April 1, 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 Superintendent of Public Works is hereby authorized and empowered to construct or cause to be constructed over the channel running across Center street in the village of Medina, a stone arch the entire width of said street, with proper covering to the same; provided, however, that the village of Medina shall grant to the State of New York the right to use said channel across said street for the purpose of conveying water to the Erie canal from the Oak Orchard creek feeder in same manner as the State now uses said channel across Appropria- said street. The sum of five thousand dollars, or so much thereof as how pay- may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be paid upon the warrant of the Controller to the order of the Superintendent of Public Works, for the purpose of constructing the aforesaid arch and covering. § 2. This act shall take effect immediately.

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CHAP. 102.

AN ACT to authorize the Western New York Agricultural Society to borrow money to pay its indebtedness and to secure the payment thereof by a mortgage on its real estate and to issue thereunder negotiable bonds of various denominations.

APPROVED by the Governor April 1, 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 Western New York Agricultural Society is hereby authorized to borrow money in such an amount, not to exceed, however, the sum of ten thousand dollars, for the purpose of paying the mortgage. indebtedness of said society now due, and for no other purpose, and to execute in its corporate name, by the signature and acknowledgment of its president and treasurer as such, a mortgage upon its real estate, payable after a term of years, not more than six years nor less than three years from the date thereof, to secure the payment of the amount so borrowed, with interest, payable annually or semi-annually as it may agree, at a rate not exceeding six per cent per annum ; and it may issue negotiable bonds, payable to such party or parties, firm or corporation as may advance the money so borrowed, in such denominations as the party or parties, firms or corporations may be entitled to, but not in excess in the aggregate of the amount so bor

Issue of negotiable

bonds author

ized.

*So in the original.

rowed and secured by said mortgage, which bonds shall also be signed by said president and treasurer, and a record thereof kept by them by number, amount and time of payment.

§ 2. This act shall take effect immediately.

CHAP. 103.

AN ACT to prevent the obstruction of the east branch of the St. Regis river by depositing therein buttings, edgings and debris of sawmills and other manufactories of wood, and imposing a penalty therefor.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 2, 1889. Passed, three-fifths being present.

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

debris

hibited.

SECTION 1. It shall not be lawful for any person or persons, com- Deposit of pany or corporation, engaged in the manufacture of lumber, shingles, from sawbox shooks, or any other manufacture of wood, upon the east branch mills proof the St. Regis river, or the tributaries thereof, to put into the east branch of said river or said tributaries, buttings, edgings, slabs, shavings or debris from any mills engaged in the manufacture of shingles, butter tubs, wood and lumber, upon or adjacent to said east branch of said river or said tributaries, to be floated down the same, except saw dust made by any saw except shingle saws, when cutting into the side of the shingle bolt or block.

for violat

visions

hereof,

§ 2. Any person or persons, or member of a company or corpora- Penalty, tion, violating this act, shall forfeit and pay fifty dollars for each and ing pro every violation thereof, to be sued for and recovered by any person owning or occupying property adjoining said east branch of said river how reor tributaries, and who may have suffered damage by reason of such covered. violation, in his own name and for his own use and benefit, before any court of competent jurisdiction, and such person or member of a company or corporation so offending shall also be deemed guilty of a misdemeanor.

§ 3. This act shall take effect immediately.

CHAP. 104.

AN ACT to incorporate Webb's Academy and Home for Ship

builders.

APPROVED by the Governor April 2, 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 president of the Chamber of Commerce of the State Corporaof New York, a member of the General Society of Mechanics and tors. Tradesmen of the city of New York, other than one of the individuals hereinafter named, to be designated by said society, a professor of applied mathematics of Columbia college, to be designated by the

powers.

trustees thereof, the president of the Society of the New York hospital, Richard Poillon, Henry Steers, Andrew Reed, Charles H. Cramp, William Henry Webb, Thomas F. Rowland, and Stevenson Taylor, Corporate and their successors, are hereby created a body politic and corporate name and in the corporate name of "Webb's Academy and Home for Shipbuilders." The said corporation hereby created shall possess the general power conferred upon corporations by the first section of the third title of chapter eighteen of part first of the Revised Statutes, and such further powers as are requisite to carry out the general objects in this act specified. The said corporation may receive from the said William Henry Webb, a native and citizen of this State, formerly a shipbuilder of the city of New York, all property, real or personal, which he may devise, bequeath, sell, grant or assign to said corporation for the purposes thereof, and the said corporation shall be capable of taking and holding real or personal property by purchase, gift, grant, devise or bequest from any other person, subject to the provisions of chapter three hundred and sixty of the laws of one thousand eight hundred and sixty relating to wills, provided that the total value of the property held by said corporation shall not exceed two million dollars.

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Trustees of § 2. The persons named in the first section of this act, and their successors respectively, shall be the trustees of the said corporation until their successors respectively are elected as hereinafter provided. In case, however, the president of either of the institutions named in the first section of this act, as an ex-officio member of the corporation hereby created, shall refuse or be unable to act as such trustee at any time, the first vice-president of such institution shall, during the period of such refusal or inability, be such trustee. In case of the Vacancies, death, resignation, refusal or inability to serve as a trustee of said corporation, of any one of the five persons first individually named in section one of this act, or of any of their successors, the vacancy in the board of trustees so occasioned shall be filed* without unnecessary or unreasonable delay, by the vote of a majority of the remaining trustees by ballot, by electing to fill such vacancy, a person who shall then be or shall have been connected with or engaged in shipbuilding, and, in case of the termination, in like manner, of the trusteeship of either of the two persons last individually named in section one of this act, or their successors, such vacancy shall be filled, in like manner, by the election of a person who shall then be or shall have been connected with or engaged in marine engine building.

Objects of corpora

tion.

Officers of corpora tion.

§ 3. The objects of said corporation shall be to afford free and gratuitous aid, relief and support to the aged, decrepit, invalid, indigent or unfortunate men, who have been engaged in building hulls of ships or vessels, or marine engines for such, or any parts of either the hulls or engines, in any section of the United States, together with the lawful wives of such persons, and also to provide and furnish to any young man, a native or citizen of the United States, who may, upon examination, prove himself competent, of good character and worthy, free and gratuitous education in the art, science and profession of shipbuilding and marine engine building both theoretical and practical, together with board, lodging and necessary implements and materials while obtaining such education.

§ 4. The said trustees shall annually elect by ballot from their own number a president and one or more vice-presidents, and the said

*So in the original.

trustees shall, in like manner, elect a treasurer, a secretary, an academician and resident manager, to be salaried officers; or, in their discretion, may elect one individual to two or more of said offices at such salary as said trustees may, from time to time, determine. No funds Investor moneys belonging to the institution shall be invested except on bond and mortgage on unincumbered and improved real estate in the city of New York or Brooklyn, or in the public stocks or bonds of one of those cities, or of the State of New York or of the United States.

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§ 5. The corporation hereby created shall, in all religious matters, Corporabe strictly non-sectarian, but its chapel, if any there may be, shall be tion to be open to all religious sects for worship at such times and on such occa- tarian. sions and in such manner, subject to such regulations and restrictions as may be determined and decided upon by a majority vote of the board of trustees convened at some regular or special meeting of said board.

tion of real property

§6. The real property of the said corporation, from which no income Exempis derived, shall be exempt from taxation so long, and only so long as the same shall be actually and exclusively used for the charitable from taxapur- tion. poses aforesaid. The said trustees of said corporation shall make an annual report to the Legislature of the State of New York, of the state Annual of their funds and the number of inmates and the condition of the institution and its property.

report.

§ 7. The said corporation may enact such by-laws as in their judg- By-laws. ment may be proper and necessary, not inconsistent with the statutes of this State, and with the foregoing and following provisions of this act, to wit:

meetings

1. The trustees shall hold monthly meetings, and five shall make a As to quorum for ordinary business, but for the filling of vacancies in the of trustees board of trustees, or for the election of officers, a majority of the whole number shall be present and vote. Special meetings may be called by the president or at request in writing made to the president by two Business other trustees, but at such meetings a majority of the whole number quorum. of trustees must be present to form a quorum for business.

meeting.

2. The annual meeting of trustees shall be held on some day in Annual April, at the home, and the monthly meetings at the home, or some other place in the city of New York, the place and dates to be fixed by the trustees. Books of minutes of the proceedings at all the meetings of the trustees, or any number of them, shall be kept.

officers.

3. Elections for officers shall take place every year (or oftener in Election of case of vacancies) by ballot, and trustees shall make oath or affirmation on taking office, for the faithful performance of their duties. 4. The vice-president shall act in the absence of the president, and Vicehis acts shall be legal as if done by the president.

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5. A majority of the trustees shall have power to appoint all such Subordineeded inferior officers and employees and attendants as they may cers, apdeem best, most useful and expedient for the good government, con- pointment duct and management of the institution, and fix their compensation; afford sufficient, safe, convenient and comfortable accommodations for as many men of the class named, and their wives, and the young men aforenamed, as they shall deem the annual income arising from said real estate and other property is fully adequate to support and maintain.

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6. None of the real estate devised. granted or assigned by William Income Henry Webb shall ever be applied to the erection of the aforemen- tain real tioned edifice and buildings, but the income thereof may be so applied. estate.

7. No portion of the real estate, or other property devised, granted Restric

tions as to sale of certain

real estate, etc.

Treasurer, etc., sureties of.

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Lease of

certain lands.

Uninvested moneys,

etc., how

or assigned, belonging to, or obtained by purchase, donations, grants or bequests shall ever be sold, or in any manner disposed of, except upon a vote by open ballot of fully three-fourths of the whole number of trustees, convened at a special meeting called one month in advance to consider the advisability or necessity of such sale or other disposition. 8. The trustees shall (if they deem it best and expedient) demand and take from the resident manager and treasurer such security for the honest and faithful execution and performance of the several duties conferred upon them as may be deemed requisite.

9. All officers and employees shall hold their offices or places at the pleasure of the trustees.

10. The trustees may lease any portion of the lands conveyed by said William Henry Webb, or belonging to said institution, not absolutely required or needed for the purposes hereinafter set forth, for a term of one or more years.

11. All funds or moneys belonging to the said institution, shall be under the control of the trustees and such of said funds or moneys as deposited. shall not be invested as hereinbefore provided shall be deposited in the name of said "Webb's Academy and Home for Ship-builders" in some one or more public banking houses or trust companies of good repute in the city of New York, and be subject to draft only by the president (or, in his absence, by the vice-president) and the treasurer, and then only for the uses and purposes, and to satisfy and pay the honest, just and legal obligations of the institution, and none others. No debt or liability shall be at any time incurred by the trustees or officers beyond the reliable and available means or funds at command to pay the same.

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8. This act shall take effect immediately.

City

charter

CHAP. 105.

AN ACT to amend section three of title three of chapter five
hundred and eighty-three of the laws of one thousand eight
hundred and eighty-eight, entitled "An act to revise and combine
in a single act all existing special and local laws affecting public
interests in the city of Brooklyn," relative to the offices of comp-
troller and auditor.

APPROVED by the Governor April 2, 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 three of title three of chapter five hundred and amended. eighty-three of the laws of one thousand eight hundred and eightyeight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," is hereby amended so as to read as follows:

City offcers, terms of.

§ 3. The mayor, comptroller and auditor shall be elected, and all other officers shall be appointed, as in this act provided. The term of office of the mayor, auditor and comptroller shall be for two years, and in case of a vacancy in the office of either auditor or comptroller, Vacancies now existing or hereafter created by death or resignation, the mayor of in, certain, the city of Brooklyn shall appoint a proper person to be either auditor or comptroller, as the case may be, with all the powers and functions of

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