or appoint such officer, to fill the vacancy so created, until the first day of January next succeeding the first annual election after the happening of the vacancy, and at such election a comptroller or auditor, as the case may be, shall be elected for the unexpired term if any there be. No person Eligibility. shall be elected or appointed to any office unless he be at the time of to election his election or appointment a citizen of the United States, resident ment. and elector of the city for at least three years immediately prior thereto; and if elected to any ward office, an actual resident in such ward, and his removal therefrom shall vacate such office. §2. This act shall take effect immediately. CHAP. 106. AN ACT for the improvement of the Hudson river and to make an APPROVED by the Governor April 3, 1889. Passed, three-fifths being present. priation ing ob structions, Troy to SECTION 1. The sum of fifty thousand dollars is hereby appropriated Approout of any money in the treasury, not otherwise appropriated, for the for removpurpose of removing obstructions in and improving the navigation of goo the Hudson river from the city of Troy to the south line of the town etc., from of Coxsackie, by deepening and widening the navigable channel of said Coxsackie. river so as to secure, between the railroad bridge at Troy and the lower railroad bridge at Albany, a channel one hundred and forty feet wide, with a depth of ten feet of water at low tide, and from thence to the town of Coxsackie a channel one hundred and seventy-five feet wide, with a depth of water at low tide of eleven feet, and secure a channel For work eighty feet wide and six feet in depth at low tide from the sloop-lock to the railroad bridge at Troy. at Troy. Supt. of § 2. The work shall be done under the direction of the Superin- Duty of tendent of Public Works, and all payments therefor shall be made Public only upon the sworn statements of inspectors, based upon actual Works. measurements of the work done, and the expense of engineering and mapping to be done by the State Engineer and Surveyor, necessary for this work, shall be paid out of this appropriation, not exceeding the sum of five thousand dollars. for work. § 3. The Treasurer shall pay the amount necessarily expended to Payments the parties entitled to receive the same, upon the warrants of the Comptroller (when accompanied by the sworn statements of the inspectors, to be filed therewith), drawn upon such appropriation, and also the drafts of the State Engineer and Surveyor for engineering and Engineermapping, and not exceeding in the aggregate the sum hereby appro- ses, how priated. 84. This act shall take effect immediately. ing expen paid. Creek public for certain CHAP. 107. AN ACT to declare Twin Lake creek in Herkimer county a public highway. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 4, 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. Twin Lake creek, in the town of Wilmurt, Herkimer declared a county, is hereby declared to be a public highway for the purpose of highway, floating logs and lumber thereon, and for the purpose aforesaid, and purposes. to effectually regulate the same, the provisions of chapter five hundred and thirty-three of the laws of one thousand eight hundred and eighty, entitled "An act to regulate the passage of lumber, logs and General other timber upon the rivers of this State, recognized by law or comapplicable mon use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same to market or places of manufacture," are made applicable to said creek. act made therefor. Releases for dam filed. § 2. Any riparian land owner upon said creek may release to the ages, how people of this State any claim for damage arising from the use of said creek as a public highway as provided by this act. Such release shall be filed in the Herkimer county clerk's office by said owner, or by any commissioner appointed under the statutes for appraising damages in such cases, to whom a release in writing, duly witnessed, has been delivered for such purpose by said owner. § 3. This act shall take effect immediately. City consolidation act CHAP. 108. AN ACT to amend section sixty-six of chapter four hundred and APPROVED by the Governor, April 4, 1889. Passed, three-fifths being present. SECTION 1. Section sixty-six of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to conamended. solidate into one act and to declare the special and local laws affecting public interests in the city of New York," is hereby amended so as to read as follows: City Record, publi § 66. There shall be published daily (Sundays and legal holidays cation of excepted), under a contract to be made as hereinafter provided, a paper to be known as the City Record. The mayor, corporation counsel and commissioner of public works shall appoint a proper person, together with such assistants as may be required, to supervise the ants for. matter tion of, publica preparation and publication of the same, and they shall also fix the Supervisor rates of compensation of said supervisor and his assistants. All the and assist expenses connected with its publication and distribution, except the therefor. salary of the person appointed to supervise the same, and the salaries of his assistants, shall be covered by a contract for printing, to be Expense of publicamade in the same manner as other contracts. The board of estimate ion, how and apportionment shall provide for all the necessary expenses of con- provided ducting the said City Record. There shall be inserted in said City Record nothing aside from such official matters as are expressly au- Authorized thorized. The contract for the publication of the City Record shall published provide for furnishing, free of charge, to the city not more than one in Record, thousand copies thereof, also for a gratuitous distribution to every newspaper regularly printed in the city of New York, when it shall Distribuapply for the same, of two copies, and to every public library or pub- under lic institution in said city which shall apply for the same, of one copy. contract. Copies of the same shall be sold by the publisher at a price to be fixed by the officers making the contract, and the proceeds thereof shall be paid over to the city. All advertising required to be done for the City advercity, except as in this act otherwise specially provided, and all notices tising at required by law or ordinance to be published in corporation papers, pense. shall be inserted, at the public expense, only in the City Record, and a publication therein shall be a sufficient compliance with any law or ordinance requiring publication of such matters or notices; but there Additional may be inserted in two morning and two evening and two weekly tion propapers published in the English language, and in one newspaper pub- vided for. lished in the German language, all in said city, to be designated by the mayor, corporation counsel and commissioner of public works, annually, brief advertisements calling attention to any contracts intended to be awarded, or bonds to be sold, and referring for full information to said City Record. In case, however, of the sale of bonds or Special stocks of said city or of any real estate belonging to the city, such tion, in advertisements may be also inserted in such other newspapers pub- certain lished in said city as said mayor, corporation counsel and commissioner of public works may determine in the case of each sale. But nothing herein contained shall prevent the publication elsewhere of any advertisement required by law; provided, however, that no such Proviso. publication shall be made unless the same is authorized by a concurrent vote of the mayor, corporation counsel and commissioner of public works. No money shall be paid from the city treasury for advertising done after April thirtieth, eighteen hundred and seventythree, except such as is herein authorized, and no action shall be maintained or judgment obtained against the city for any advertising done after such date except such as is herein authorized. The copies Copies of the City Record furnished to the city shall be distributed to the how disseveral departments and officers, and to such persons and in such tributed. manner as the mayor shall direct. The comptroller shall cause a Bound continuous series of the City Record to be bound, as completed quar- series of terly, and to be deposited, with his certificate thereon, in the office Record, of the register of deeds of the city and county of New York, in the fed and county clerk's office, and in the office of the clerk of the board of deposited. aldermen, and copies of the contents of any part of the same, certified by such register, county clerk, or clerk of the said board, shall read in be received in judicial proceedings, as prima facie evidence of the evidence. truth of the contents thereof. § 2. This act shall take effect immediately. publica cases. Record, how certi Corporators. CHAP. 109. AN ACT to amend chapter eighty-three of the laws of one thousand APPROVED by the Governor April 5, 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 eighty-three of the laws of one thousand eight hundred and eighty-six, entitled "An act to incorporate the Niagara River Hydraulic Tunnel Power and Sewer Company of Niagara Falls, New York," is hereby amended so as to read as follows: § 1. Myron H. Kinsely, Charles B. Gaskill, Thomas V. Welch, Henry S. Ware, Thomas Evershed, Michael Ryan, W. Caryl Ely, James Fraser Gluck, their associates and assigns, are and shall continue to be a body corporate and politic by the name and style of the "Niagara Corporate River Hydraulic Tunnel, Power and Sewer Company of Niagara Falls, New York," for all the purposes hereinafter specified. name. Objects and pow tion and by consent of local authorities. State lands. § 2. Section two of said chapter, is hereby amended so as to read as follows: § 2. Said corporation shall have power to construct, maintain and ers of cor- operate a tunnel, conduit or sewer, or tunnels, conduits or sewers in, poration. through and under the town of Niagara, the village of Niagara Falls or the streets, avenues or highways thereof, and such other villages in the town of Niagara, as may be situated along the line of any such Construc- tunnel, conduit or sewer, by obtaining the consent of the local authoriuse of tun- ties of such town, and of such village or villages, subject to such nels, etc.. reasonable regulations as such local authorities may prescribe; provided, however, that the said corporation shall permit the said village or villages to use the said tunnel or sewer for the purpose of draining or sewering said village or villages at such reasonable rates and upon such conditions as may be agreed upon by said corporation and said Not to use local authorities; and provided further, that the power herein granted shall not in any sense be construed as permission to cross, intersect or infringe upon any part of the lands of the State Reservation, at Niagara. Said corporation shall also have power to hold, lease and convey lands or other property for the purposes of its business, and either upon such water for lands or elsewhere to accumulate, conduct, store, sell, lease, furnish, operate and supply the waters of the Niagara river taken from some points on the east shore thereof, at such points between the east line of lot forty-six, Mile Reserve (so called) and Port Day (so called) as may be most convenient, or the power to be developed from the flow of such water for fire, sanitary, municipal, domestic, manufacturing, agricultural, electrical or power purposes, and also shall have power by such hydraulic or electrical conductors, or other devices as shall be Permission permitted by the common council of any city, the trustees of any vilauthorities lage, or the highway commissioners of any town in or through which to convey such conductors or other devices shall be constructed, operated or Corpora tion may supply public use, etc. of local power. maintained, to conduct, convey and furnish such power to, through or in any town, village or city in the counties of Niagara and Erie. § 3. Section five of said chapter as amended by chapter four hundred and eighty-nine, of the laws of one thousand eight hundred and eighty-six, is hereby further amended so as to read as follows: tions to purchase etc. taken, § 5. Books of subscription for the capital stock of the corporation Subscrip shall be opened, under the direction of the trustees hereinafter named, stock subject to such rules and regulations as they shall prescribe. And the stock shall be considered personal property, and shall be assignable How and transferable on the books of the company. And the trustees of assignable. such company may purchase lands, interests in lands and other prop- Issue of erty necessary for their business, and issue shares of the capital stock stock for of such company in payment therefor to the amount of the value of of lands, such property, and the stock so issued shall be declared and taken to be full paid stock and not liable to any further calls and the holders thereof shall only be subject to the same liabilities and have the same rights as other holders of full paid stock in said company, but in all statements and reports of the company to be published this stock shall not be stated or reported as being issued for cash paid into the company, but shall be reported in this respect according to the fact. The Action action of the incorporators of said company already taken in opening already books of subscription for capital stock is hereby approved, provided approved. that without prejudice to the continuing right of the company, in proper manner, to issue stock to the full amount already authorized, any subscriber or stockholder at any time within one year herefrom may surrender to the company his right, and the company may thereupon release his obligation, in respect of the unpaid portion of any subscription heretofore made by such stockholder, but such surrender and release shall be without prejudice to any existing claim or right of action against such corporation by any stockholder or creditor. Any and all shares of stock issued in consideration of any work of construction for the said company, shall be so stated in the annual reports of the company. Said company shall have power, by the vote of its Right to directors, to secure the payment of any part of the price of any prop- loans by erty purchased, by a mortgage or mortgages thereon; to borrow money or corpoand to issue bonds for its corporate purposes, and with the consent of rate bonds, the stockholders holding a majority of the stock of said company at a ized. meeting called for that purpose to secure the payment of any such bonds issued or proposed to be issued by a mortgage or mortgages upon its property, rights, privileges and franchises. § 4. This act shall take effect immediately. 15 secure mortgage author |