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Audit to
John
McCabe,

CHAP. 16.

AN ACT to provide for the payment of compensation to John McCabe, second assistant chief of the fire department of the city of 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. The board of estimate and apportionment of the city of New York is hereby authorized and empowered to audit and allow to authorized. John McCabe, second assistant chief of the fire department of the city of New York, who was removed by the board of fire commissioners of the said department, but which removal has been reversed, the amount of the costs, counsel fees and expenses reasonably incurred by him in, or by reason of the proceedings on such removal, and in or by reason of any defense, action or actions connected therewith, or growing out therefrom.

Amount

audited, how certified and raised.

Corporators.

§ 2. The said board of estimate and apportionment shall make and file in the office of the comptroller of said city a certificate showing the amount, if any, audited and allowed by authority of the last preceding section; and the amount specified in said certificate shall be included in the provisional and final estimates of the amounts to be raised by taxation upon the estates, real and personal, in the city of New York, subject to taxation, for the year one thousand eight hundred and ninety.

§ 3. This act shall take effect immediately.

CHAP. 17.

AN ACT to incorporate the Sevilla Home for Children, for the education of poor female children in the city of 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 19, 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. August Belmont, William Henry Osborn, William R. Grace, Jose Maria Munoz, Henry Budge, John A. Stewart and Roswell G. Rolston, all of the city of New York, and such other persons as they may associate with themselves in accordance with the provisions of the said* last will and testament of Jose Sevilla, deceased, Corporate hereby created a body corporate and politic under the name and title of the "Sevilla Home for Children."

name.

Trustees.

are

§ 2. The said August Belmont, William Henry Osborn, William R. Grace, Jose Maria Munoz, Henry Budge, John A. Stewart and Roswell G. Rolston shall be permanent trustees of such corporation in accordance with the intention of said will in that behalf.

So in the original.

§3. Whenever any vacancy shall occur, by resignation, death or Vacancies, otherwise, in said board of trustees, the members thereof shall fill such how filled. vacancy in accordance with the directions of said will, as near as may be, so that the number of such trustees shall be kept at seven.

and their powers.

84. All the powers of said corporation shall be vested in the trus- Officers, tees. They shall have the power to appoint a president, vice-president, secretary and treasurer, of whom the secretary and treasurer need not be members of said board. Such officers shall hold their offices upon such tenure, and shall receive such compensation as the by-laws may prescribe. Said trustees shall also have power to appoint such other officers and agents as the proper conduct of the affairs of said corporation shall require, removable at the pleasure of the board, and to fix their compensation.

and powers

tion.

§ 5. The said corporation shall have, in addition to the powers now Objects conferred by law upon all corporations as such, the capacity and power of corporato establish and maintain a home for the education of children as poor provided in said will in the city of New York, and for these purposes it shall have the power to demand, recover, accept and receive all such money and other property as is given by said will to the trustees named in the first section of this act; and the said corporation shall have power to hold, manage, improve and dispose of and convey all property at any time received or acquired by it in such manner as may be best calculated to carry out its objects and purposes.

powers of

§ 6. The said corporation shall accept and receive all such money or Further other property as is given to said trustees named in said will and in corporathe first section of this act by said will of Jose Sevilla, subject to the tion. terms and conditions expressed in said will, and the said corporation shall have power to make and enter into any obligation or obligations to secure due compliance with such terms and conditions.

powers

§ 7. The said corporation shall possess the powers and, except as General may be otherwise provided by this act, be subject to the provisions, and lialiabilities and restrictions contained in the eighteenth chapter of the bilities. first part of the Revised Statutes, but nothing herein contained shall Proviso. affect the rights of any parties to any action now pending, or any heir at law or residuary legatee of said Jose Sevilla, deceased. § 8. This act shall take effect immediately.

CHAP. 18.

AN ACT to amend chapter twenty-six of the laws of one thousand eight hundred and eighty-five, entitled "An act to revise and consolidate the several acts in relation to the city of Syracuse, and to revise and amend the charter of said city."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 21, 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 hundred and seventy-four of chapter twentysix of the laws of one thousand eight hundred and eighty-five is hereby amended so as to read as follows:

§ 174. The commissioners of common schools of the several wards Board of shall constitute the board of education of the city. The board shall organiza

education,

tion and

meet annually on the second Tuesday after the annual charter elecquorum of. tion, and appoint a president from their own body; a majority shall

City superintendent

of schools, appoint

ment and term of.

Charges against, how de

Vote nec

essary for removal.

constitute a quorum but a less number may adjourn. The president shall have a vote on all questions, and in his absence a president pro tempore shall be appointed. The president shall hold his office at the pleasure of the board.

§ 2. Section one hundred and seventy-five of said charter is hereby amended so as to read as follows:

175. There shall be appointed by the board at the first annual meeting succeeding the passage of this act and at every third annual meeting thereafter a superintendent of schools. Each and every superintendent of schools appointed in and for the city of Syracuse after this act takes effect shall be appointed and shall hold the office for three years unless sooner removed by resignation, death or for cause. Whenever any written charges shall be presented against the said superintendent for incapacity, official misconduct or other offense, specitermined. fying the same, the board of education shall cause a copy of the same to be served on the said superintendent at least five days before the hearing of the same, with a notice of the time and place of the hearing thereof. At the time and place specified in said notice the said board of education shall proceed to hear the evidence offered and determine said charges. If the said charges are not sustained the said board may dismiss the same; or, if sustained, they may by resolution remove said officer and declare such office vacant and proceed to fill the vacancy as hereafter specified. No person shall be removed unless by an affirmative vote to be taken by ayes and nays of two-thirds of all the members elected to the board of education. The salary of such superintendent shall be fixed by the board of education and shall not be subject to change during the continuance of said term, and he shall act during such term as clerk of the board. The superintendent shall exercise a general supervision over the schools of the city, subject always to the direction of the board of education, and he shall perform the duties prescribed by law and such other duties as the board may from time to time direct. He shall keep a record of the proceedings, which record, or a transcript thereof, certified by the president or superintendent, shall be received in all courts as prima facie evidence of the facts therein stated. Such records and all the accounts and books of said board shall at all times be subject to the inspection of the common council and of any committee thereof. Should any vacancy occur in the office of superintendent of schools at any time either by reason of death, resignation or removal as above Vacancies, stated, such vacancy shall be filled by the board of education for the how filled. balance of the term so made vacant.

Salary and

duties of

superintendent.

Record of proceedIngs, etc.

§ 3. This act shall take effect immediately.

CHAP. 19.

AN ACT to amend section twelve hundred and twenty-seven of chapter four hundred and ten of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of 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 21, 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 twelve hundred and twenty-seven of chapter four hundred and ten of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate 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 court,

Each ment and

duties of.

§ 1227. The clerk of the court must appoint four stenographers Stenograof the court, and may at pleasure remove either of them. The jus- phers of tices of the court, or a majority of them, must, from time to time, appointassign each of the stenographers to duty at the trial terms. stenographer is entitled to a salary fixed and to be paid as prescribed by law. He must attend each term to which he is assigned, and perform such other services at other parts or terms of such court as the justices thereof may from time to time require.

§ 2. This act shall take effect immediately.

CHAP. 20.

AN ACT to amend section one of chapter four hundred and thirtynine of the laws of one thousand eight hundred and seventy-nine, entitled "An act to authorize Peter Carr to establish and maintain a ferry across the Cayuga lake, at Union Springs."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 21, 1889. Passed, three-fifths being present.

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

SECTION 1. Section one of chapter four hundred and thirty-nine of the laws of one thousand eight hundred and seventy-nine, entitled "An act to authorize Peter Carr to establish and maintain a ferry across the Cayuga lake, at Union Springs," is hereby amended so as to read as follows:

franchise

§ 1. It shall be lawful for Peter Carr, his heirs and assigns, to Ferry establish and maintain a ferry across the Cayuga lake, in the counties extended. of Cayuga and Seneca, at the village of Union Springs, in Cayuga county, and the Canoga landing in Seneca county, for and during the term of twenty years, from the first day of March, one thousand eight hundred and seventy-nine.

§ 2. This act shall take effect immediately.

18

City charter amended

as to city

CHAP. 21.

AN ACT to provide for making certain abstracts of leases, in the clerk's office of Cattaraugus county, evidence.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 21, 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 abstracts of original leases contained in the books prepared by Joseph Scattergood, John Manley and Henry Shanklin, United States commissioners, and certified by them under date of December thirtieth, one thousand eight hundred and seventy-six, now filed in the clerk's office of Cattaraugus county, marked as book “A” and book "B" respectively, and which abstracts relate to leases heretofore made of lands now comprised in the villages of Vandalia, Carrollton, Great Valley, Salamanca, West Salamanca and Red House, as surveyed under the act of Congress of the United States, approved July nineteenth, one thousand eight hundred and seventy-five, or a copy of any of said abstracts duly certified by the clerk of said county, may be received in evidence in any action or proceeding, to the extent of such abstracts, with like form and effect in all respects and for the same purpose as said original leases might or could be received, provided, however, that this act shall not apply to or affect any action or proceeding now pending.

§ 2. This act shall take effect immediately.

CHAP. 22.

AN ACT to further amend chapter one hundred and forty-three of the laws of one thousand eight hundred and sixty-one, entitled "An act to amend and consolidate the several acts in relation to the charter of the city of Rochester," as amended by chapter fourteen of the laws of one thousand eight hundred and eighty. APPROVED by the Governor February 21, 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 thirteen of chapter one hundred and forty-three of the laws of one thousand eight hundred and sixty-one, entitled "An act to amend and consolidate the several acts in relation to the elections. charter of the city of Rochester," as amended by chapter fourteen, laws of one thousand eight hundred and eighty, is hereby further amended so as to read as follows:

Hours for
holding

13. On the day of any election held by virtue of this act, the open elec- polls shall be opened in each ward and election district in said city, tion polls. at the several places designated by the common council, at six o'clock in the morning, and shall be kept open without intermission or adjournment, until six o'clock in the evening, at which hour they shall be finally closed.

§ 2. This act shall take effect immediately.

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