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thereof.

Proceed

ings to acquire title to lands.

litical parties into which the citizens thereof are divided, who, with the mayor of said city as chairman, shall constitute a board of commissioners for building a new city hall, for the use of said city, upon Location the site of the present city hall, and such additional adjacent ground belonging to said city, and upon such part of any street or streets adjoining the same, as the common council has designated, or may designate for such purpose; or upon such other site or land as said board of commissioners may select for the purpose. In case the said commissioners shall determine to purchase any land on which to erect such new city hall or any part thereof, they are hereby authorized to acquire title to the same, in the name of the said city, by deed or grant, to be approved, as to form, by the city attorney, and to pay for the same out of the fund hereinafter mentioned; and in case the said commissioners shall be unable to agree with the owner or owners of any real estate required for the purposes of this act, for the purchase thereof, or with any person or persons who may have or may claim to have any estate, right, title, interest, remainder or reversion in any real estate included in any part or parts of any adjoining street or streets which may be required for the purposes of this act, the said commissioners shall have the right, and they are hereby authorized to acquire title in fee to the same in the name of the said city, in the manner and by the proceedings provided by law for acquiring title to lands for railroad use by railroad corporations, under the provisions of chapter one hundred and forty of the laws of one thousand eight hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the several acts amendatory thereof or supplemental thereto, so far as the same are applicable. The city attorney of said city is hereby required to conduct such proceedings on the part of the said commissioners. Said commissioners shall serve without compensation; but the necessary expenses incurred by them, of commis- while in the discharge of their duties, shall be allowed and paid to them how paid. by the treasurer of said city upon vouchers therefor to be approved by the Vacancies, mayor. In case any vacancy occurs in said board by the death, resignahow filled. tion or removal from the city of any such appointees, the mayor shall forthwith fill the same by the appointment, in like manner, of a citizen of said city, of the same political faith as the retired commissioner. A majority of said board shall constitute a quorum; and except as provided in section three of this act, the assent of a majority of the board shall be required for the transaction of business on the part of the board.

Expenses

sioners,

Business quorum.

Organization of board.

fice, how

filed.

§ 2. Section two of said chapter, is hereby amended so as to read as follows:

§ 2. Within fifteen days after the passage of this act, and on a day to be designated in writing to them by the mayor of said city, the said commissioners shall meet, at twelve o'clock, noon, at the mayor's Oath of of- office, in the city hall; and after having each taken, subscribed and filed, in the office of the clerk of said city, the constitutional oath of office, shall elect one of their number as secretary thereof, who shall Records, keep a true record of their proceedings which, with all contracts, vouchers and other papers connected with the business of said commission, shall at all reasonable times be subject to the inspection of to inspec- the common council, or of any committee thereof, appointed or designated for such purpose. Notice of such election shall be transmitted to the common council. The said commissioners shall designate a day and hour and a place for their regular meetings, which shall be entered of record and which may be changed by them from time to

etc., of board, to

be open

tion.

Meetings

time; they may adjourn from day to day, and may meet upon the call
of the chairman or of any two commissioners, upon written or printed
notice thereof, signed by him or them, and given through the post-
office, post-paid, addressed to each of the other commissioners at his
place of residence or business, at least one day before the time for
such meeting.

§ 3. Section four of said chapter is hereby amended so as to read as
follows:

35

4. Upon the adoption of such plans and specifications by the com- Notice of missioners they shall forthwith advertise in the daily papers of said receiving city, daily, (Sundays excepted) for at least two weeks consecutively, for for buildproposals for building such city hall; for furnishing all materials ing, etc. therefor; for introducing and placing therein apparatus for heating, proposals lighting, plumbing, and for supplying water. authority to reject any and all bids; but, if satisfied with the proposals of the lowest responsible bidder or bidders, for the aggregate thereof They shall have

diture.

or for the several portions thereof, they shall enter into contract in Award of writing with such bidder or bidders, who shall furnish ample security contract. satisfactory to the commissioners for the faithful performance of the contract on the part of such bidder or bidders. But the total cost of Limitation such erection, materials and apparatus, including the compensation of of expenthe architect and superintendent, and the necessary expenses of the commissioners and all other expenses including the cost of any land not in either of said streets attending such erection shall not exceed the sum of three hundred thousand dollars. The cost of any land Cost of taken from said streets or either of them shall be a charge against kn, how said city, payable if necessary, in excess of said sum of three hundred payable, thousand dollars.

§ 4. Section five of said chapter is hereby amended so as to read as follows:

land ta

council

bonds.

Limita

tion.

§ 5. Upon the execution of such contract or contracts, the said com- Common missioners shall certify that fact to the common council, and also that when to the whole cost of such erection, materials and apparatus, including issue city all expenses attending the same including the cost of any land not in either of said streets will not exceed the sum of three hundred thousand dollars. Whereupon the common council of said city shall have authority, and it shall be its duty, by resolution duly adopted by them and approved by the mayor, to cause registered or coupon bonds of said city to be issued in the name and upon the credit of said city, which bonds shall be signed by the mayor and city clerk, in the sum of three hundred thousand dollars payable twenty years after the date interest of issue, bearing interest at a rate not exceeding three per centum and when per annum, payable semi-annually. A certified copy of said resolution shall be transmitted by the common council to the said commissioners. § 5. Section six of said chapter is hereby amended so as to read as follows:

Rate of

payable.

bonds

§ 6. Whereupon the city treasurer shall suitably advertise for pro- Sale of posals for the purchase of the said bonds, and he shall sell them to the party or parties offering to pay the highest price therefor, but not for less than at their par value. The treasurer shall keep in his office a Record of record of such bonds as he shall sell, by number, date, amount and sold. name of payee, subject at all reasonable times to the inspection of the said commissioners and the common council of said city. The pro- Proceed ceeds arising from such sale shall be by him deposited in some solvent how debank, banks or trust company in said city, to be designated by the posited common council for that purpose, to the credit of the treasurer, but

from sale,

and kept.

Fund created.

Payments

66

there shall not be deposited in any bank or trust company so desig nated an amount in excess of twenty-five per centum of the capital City Hall stock and surplus of said bank or trust company. Such deposits shall be kept by such bank, banks or trust company as a fund separate and apart from all other funds of said city, and shall be known as the City Hall Fund." All payments from such fund shall be made upon therefrom, the order of said commissioners signed by the chairman and secretary how made. of the board of commissioners and upon the check or warrant of the city treasurer upon such bank or trust company as may hold such deposit, which order of the commissioners shall in every case accompany the check or warrant of the treasurer, and be presented and left at such bank or trust company with such check or warrant, to authorize any Vouchers, payment from such fund. Said board of commissioners for every how filed. such order shall retain filed in its office, the bill, account or other voucher for which such order is issued. The voucher and order in every case shall bear a corresponding number.

City hall to be fire proof. Assignment of offices therein.

Rooms for police, prisoners,

etc.

Limitation

diture, including land.

§6. Section ten of said chapter is hereby amended so as to read as follows:

§ 10. The said city hall shall be, as nearly as may be, a fire-proof building, and when the same shall be completed, the said commissioners shall designate and assign to the common council, and to each officer and department of the city government, such part or parts thereof as each shall occupy, and as the same have been designed and constructed. The said city hall shall contain, or have connected therewith, suitable rooms for the use and occupation of the police court of said city, the board of police commissioners, the chief of police, detectives and other police force of said city, cells for the confinement of prisoners, with separate apartments for prisoners of different sexes, accommodations for a police matron, and other accommodations required for the head-quarters of the police of said city.

§ 7. Section eleven of said chapter is hereby amended so as to read as follows:

§ 11. The whole amount to be expended by said commissioners by of expen- virtue of this act, for the erection of said city hall, buying materials therefor, and for all purposes connected therewith, inclusive of the cost of land, shall not exceed the sum of three hundred thousand dollars.

Balance in

when to

ited to gen

§ 8. Section thirteen of said chapter is hereby amended so as to read as follows:

§ 13. Upon the completion of said city hall, and when all bills, acbanks,etc., counts and contracts connected therewith shall be paid and discharged, be cred- the said commissioners shall execute and give to the treasurer of said eral fund. city, an order for the balance remaining in any bank or trust company to the credit of said treasurer of the funds arising from the sale of the said bonds and any premiums and interest accumulated thereon, and the said treasurer shall draw the same and have the same deposited to the credit of the general fund of said citv

§ 9. This act shall take effect immediately.

CHAP. 32.

AN ACT making an appropriation for building about thirty-eight
hundred lineal feet of vertical wall on the berme side of the Erie
canal in the county of Herkimer, from the westerly end of the
canal aqueduct, in the village of Ilion, to a point three hundred
and fifty feet west of the first iron canal bridge west of said aque-
duct.

APPROVED by the Governor February 28, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Works.

SECTION 1. The Superintendent of Public Works is hereby author- Duty of ized to build a vertical cement wall on the berme side of the Erie Superintendent of canal from the westerly end of the canal aqueduct in the village of Public Ilion, in the county of Herkimer, to a point three hundred and fifty feet west from the first iron canal bridge west of said aqueduct, or such portion of the said wall as the Superintendent of Public Works may deem necessary.

how paya

2. The sum of fifteen thousand dollars, or so much thereof as Appropriamay be necessary, is hereby appropriated out of any money in the tion, and treasury not otherwise appropriated, to carry into effect the provisions ble. of section one of this act, payable on the warrant of the Comptroller, upon the requisition of the Superintendent of Public Works, as he may desire the same in the progress of such work.

§ 3. This act shall take effect immediately.

CHAP. 33.

AN ACT to amend chapter five hundred and one of the laws of one
thousand eight hundred and eighty-seven, entitled "An act for the
incorporation of the Young Men's Christian Associations."

APPROVED by the Governor February 28, 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 six of chapter five hundred and one of the laws of one thousand eight hundred and eighty-seven, entitled "An act for the incorporation of the Young Men's Christian Associations," is hereby amended so as to read as follows:

subject to

Laws of

§ 6. All associations organized under this act shall be subject to, Corporaincluded in, and entitled to all the benefits of chapter fifty-eight of tons to be the laws of one thousand eight hundred and sixty-one, entitled "An Chapter 58, act to authorize the leasing or sale and conveyance of the real estate 1861. of benevolent, charitable, scientific, missionary societies and orphan asylums." And it is hereby further provided that where there shall have existed a corporation or association owning or holding property, real or personal, which they shall desire to convey and transfer to a Transfers corporation organized under this act, that it shall be lawful for the of propSupreme court of this State, on an application made in the judicial order of district where such corporation or association shall be located, upon court..

erty to, by

supreme

Additional evening

high

schools

author

ized.

Board of education, du

to.

the application of three-fourths of the trustees or other managing officers, with the approval and acceptance of three-fourths of the trustees of such new corporation, to make an order authorizing such transfer and conveyance, specifying by whom the same shall be executed, and such transfer or conveyance, when so made, shall vest in the grantees thereof full and absolute title and property subject only to such liens or incumbrances as existed thereon immediately prior to such transfer or conveyance.

§ 2. This act shall take effect immediately.

CHAP. 34.

AN ACT to provide for the establishment and maintenance of addi-
tional evening high schools for males in the city of New York.
APPROVED by the Governor February 28, 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 education of the city of New York, with the approval of the board of estimate and apportionment in said city, may, from time to time, provide and maintain additional evening high schools for males, to be located in such portions of said city as said board of education may determine.

§ 2. Said board of education is hereby authorized to furnish accommodations, and to make all needful rules and regulations therefor, to ties of, as appoint the principals, vice-principals, teachers and janitors necessary for the purposes of such schools, and to determine the amount of their compensation; also to purchase the books, apparatus, stationery and other things necessary and expedient to enable the schools to be properly and successfully conducted.

Appro

priations therefor.

Expenses for 1889, how pro

§3. No expenditure shall be incurred for any such purposes until an appropriation therefor shall have been made by the board of estimate and apportionment, which shall have power to fix and determine from year to year, the amounts, either in gross or in detail, which may be expended by said board of education for each of such schools that may be established pursuant to the provisions of this act.

84. For the purpose of providing for the expenses of any such school or schools that may be established during the year one thouvided for. sand eight hundred and eighty-nine, and for which an appropriation

for.

may be made in and for such year by the board of estimate and apporTax there- tionment, it shall be the duty of the comptroller to issue revenue bonds of said city, in the manner now provided by law, in an amount not exceeding the sum or sums so appropriated, and it shall be the duty of the board of estimate and apportionment to include in the final estimates for the year one thousand eight hundred and ninety, to be raised by taxation, an amount sufficient to pay said revenue bonds and interest.

5. This act shall take effect immediately.

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