Council tax for bridge. CHAP. 313. AN ACT to permit the city of Auburn to raise money to build a SECTION 1. It shall be lawful for the common council of the city of may raise Auburn to erect a bridge across the Owasco outlet at Genesee street in said city, and to raise by tax for said bridge in the two fiscal years next succeeding the passage of this act, the sum of fifteen thousand dollars, in addition to the sums now permitted to be raised under and by virtue of the charter of said city, for the building of bridges; said sum of fifteen thousand dollars shall be raised by tax in the same manner as the ordinary expenses of the city are now provided for. § 2. This act shall take effect immediately. Amount authorized. Voluntary dissolution of corporations. Petition of etc., to court. Court, order, re terested show cause, etc. CHAP. 314. AN ACT to amend section two thousand four hundred and twenty- APPROVED by the Governor May 27, 1889. Passed, three-fifths being present. SECTION 1. Section two thousand four hundred and twenty-three of the Code of Civil Procedure is hereby amended so as to read as follows: § 2423. Where the petition is addressed to the supreme court, the directors, papers must be presented at a term of that court, held within the judicial district, embracing the county wherein the principal office of the corporation is located. In a case specified in section two thousand four hundred and twenty of this act, the court may, in its discretion, entertain or dismiss the application. Where it entertains the applicamay make tion, or where the case is one of those specified in section two thousand quiring in- four hundred and nineteen of this act, the court must make an order, persons, to requiring all persons interested in the corporation to show cause before it, or before a referee designated in the order, at a time and place therein specified, not less than three months after the granting of the order, why the corporation should not be dissolved. The order must be entered, and the papers must be filed, within ten days after the order is made, with the clerk of the court, or, in the supreme court, with the clerk of the county where the principal office of the corpoWhen, to ration is located. If it shall be made to appear to the satisfaction of temporary the court that the corporation is insolvent, the court may at any stage of the proceeding before final order, on motion of the petitioners on notice to the Attorney-General, or on motion of the Attorney-General on notice to the corporation, appoint a temporary receiver of the property of the corporation, which receiver shall have all the powers and appoint receiver. powers of nent recei be subject to all the duties that are defined as belonging to temporary receivers appointed in an action, in section one thousand seven hundred and eighty-eight of this act. The court may also in its discre- when, to tion, at any stage in the proceeding after such appointment upon like confer motion and notice confer upon such temporary receiver the powers permaand authority, and subject him to the duties and liabilities of a per- ver. manent receiver, or as much thereof as it thinks proper, except that he shall not make any final distribution among the creditors and stockholders, before final order in the proceedings, unless he is specially directed so to do by the court. If such receiver be appointed, the when, to court may in its discretion, on like motion and notice, with or without grant insecurity, at any stage of the proceeding before final order, grant an restraininjunction, restraining the creditors of the corporation from bringing itors, etc. any action against the said corporation for the recovery of a sum of money, or from taking any further proceedings in such an action theretofore commenced. Such injunction shall have the same effect and be subject to the same provisions of law as if each creditor upon whom it be served was named therein. § 2. This act shall take effect immediately. CHAP. 315. AN ACT to authorize the city of Buffalo to issue its bonds for the purpose of purchasing school lots and erecting, enlarging, repairing and furnishing school buildings. APPROVED by the Governor May 29, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: junction, ing cred money and bonds. SECTION 1. It shall be lawful for the city of Buffalo to borrow a City may sum of money not exceeding one hundred and fifty thousand dollars, borrow for the purpose of purchasing school lots and erecting school build- issue ings, and for the purpose of enlarging, repairing and furnishing school buildings; and for the purpose of borrowing such money to issue the bonds of the said city bearing interest at a rate not exceeding three and one-half per centum per annum, payable semi-annually at the Rate of inoffice of the comptroller of the city of Buffalo or at the Gallatin Na- terest. tional Bank, in the city of New York, as the purchaser may elect, the principal to be payable at the same place, and one-twentieth thereof when payto be payable at the end of one year from the date of issue and one- able. twentieth thereof at the end of each successive year thereafter until the whole sum shall have been paid. Such bonds shall be issued from time to time as may be ordered by the common council, by the mayor and comptroller under the city seal. The comptroller shall advertise, Bonds, from time to time as may be necessary, five days in the official paper of said city, for proposals for the purchase of such bonds as shall be ordered issued hereunder by the common council, and shall award the same to the party or parties whose proposals shall be most favorable to the city; but no such bonds shall be sold for less than the par value thereof and accrued interest thereon. The common council shall make provision for the payment of the interest on and the prin- of interest cipal of said bonds, as the same shall become due, in the general fund and prinestimates for said city. § 2. This act shall take effect immediately. how sold. Payment cipal. Police de act amen ded. CHAP. 316. AN ACT to amend chapter four hundred and thirty-six of the laws of one thousand eight hundred and eighty, entitled "An act to establish a police department in the city of Buffalo, and to provide for the government thereof," relating to the police force. APPROVED by the Governor May 29, 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 eight of chapter four hundred and thirty-six of partment the laws of one thousand eight hundred and eighty, entitled " An act to establish a police department in the city of Buffalo, and to provide for the government thereof," as amended by chapter three hundred and fifty-nine of the laws of one thousand eight hundred and eighty-three, is hereby amended so as to read as follows: Police precincts. Officers and patrolmen in § 8. The city of Buffalo shall be divided into ten police precincts. The boundaries of such precincts may, from time to time, be altered by the board of police. Until the board of police shall take action in the matter, the number and boundaries of such precincts shall be and remain the same as at the time this act takes effect. The said board of police shall assign to each of said precincts, one captain or one lieueach pre- tenant of police, sergeants of police not exceeding two, three doormen of police, and so many patrolmen from time to time, as said board may force, how deem necessary; the said board of police shall appoint the police force appointed, mentioned in section two of this act, and shall fill all vacancies from and num- time to time occurring therein; and the said force shall at all times cinct. Police ber of. Council, au crease in number. consist of one superintendent of police, one assistant superintendent of police, four captains of police, six lieutenants of police, sergeants of police, and doormen of police, not exceeding in number two sergeants and not less than three doormen for each of said precincts, one surgeon of police, one clerk of the board of police and so many patrolmen as such board shall from time to time deem necessary, not exceeding the number of two hundred, unless the common council of the city of thorize in- Buffalo shall, on the recommendation of said board of police, at any time by resolution, authorize an increase in such number; in which case the board may appoint additional patrolmen to the number so authorized by the said common council; the said board may also appoint, Clerks, etc. in addition to such police force, such clerks and employees as are necessary in administering the affairs of said department. The superintendent of police shall detail for detective duty, during his pleasure, so many patrolmen as said board shall, from time to time direct, not exceeding eight in number, and the patrolmen so detailed shall compose the detectives of the force. No person holding office under this act shall be liable to jury or military duty. Detectives. Exemptions. Certain members hold dur ing good § 2. Section nine of said act as amended is hereby further amended so as to read as follows: 9. The members of the police force, except the superintendent of of force to police, the assistant superintendent of police, the captains of police, the clerk of the board of police, the surgeon of police and the lieutenbehavior. ants of police shall hold office during good behavior, but shall be liable to removal only after written charges shall have been presented against Removals them according to the rules and regulations of the police department for cause. of said city, and the same shall have been publicly heard and examined officers pleasure. after the notice to them thereof by the said board in the manner to be provided by such rules and regulations; and such charges shall be made under oath. The superintendent of police, the assistant super- Certain intendent of police, the clerk of the board of police, the surgeon of may be repolice, captains of police, the lieutenants of police and all other clerks moved at and employees provided for by this act, may be removed at the pleasure of the board of police. Sergeants of police (who shall be selected from Reduction among the patrolmen of the force) may, at any time, at the pleasure of geants. the board of police, and without charges being preferred against them, be reduced to the rank of patrolmen and ordered to patrol duty. The board of police may suspend from pay or duty or both, any member of Suspenssaid force, but not longer than thirty days from pay at one suspension. § 3. This act shall take effect immediately. CHAP. 317. AN ACT to amend chapter one hundred and twenty-nine of the laws of one thousand eight hundred and seventy-two, entitled "An act to amend an act passed May third, one thousand eight hundred and seventy, entitled 'An act to amend an act to incorporate the city of Troy, passed April twelfth, one thousand eight hundred and sixteen, and the several acts amendatory thereto, and also to amend other acts relating to the city of Troy,'" and the acts amendatory of said chapter one hundred and twenty-nine, relative to the making of public improvements in said city, and assessments therefor, and to authorize said city to contribute to the expense of such improvements and to issue bonds therefor, and to create a public improvement commission in said city, and define its powers and duties. APPROVED by the Governor May 29, 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 title four of chapter one hundred and twenty-nine of the laws of one thousand eight hundred and seventy-two, is hereby amended so as to read as follows: of ser ions. council, as ments, sewers, § 1. The common council shall have power, under the restrictions and Powers of limitations hereinafter mentioned and in pursuance of existing laws not to street inconsistent herewith, to cause streets, avenues, highways, squares and improvealleys, to be opened, extended, altered and widened, and to be regulated, lamps, graded and paved, and to be kept in repair, and from time to time to be wells, etc. repaved or regraded and repaired; to provide that lamp-posts and lamps be erected; to cause sidewalks, crosswalks, sewers, cesspools, culverts, drains, wells and pumps to be constructed and repaired, and generally direct such other improvements to be made in and about the streets, avenues, highways, squares and alleys as the public wants and convenience shall require. Whenever the said common council shall order any Expense of street, avenue or highway, which is forty feet or upwards in width to certain be paved or macadamized and new curb-stone to be set in connection streets, with such pavement, one-half of the entire expense of such pave- sessed. ment, macadamizing and curb-ston*, including the pavement or ma *So in the original. paving how as to be paved, vided with water mains. Lateral pipes from water mains. Expense thereof, how collected. Expense cadamizing, and crosswalks at the intersection of streets, avenues, highways, squares and alleys, shall be charged upon the real and personal property liable to taxation in the city of Troy, and shall be paid by the city at large, and the other half of such expense shall be assessed and be a lien upon the property benefited or to be benefited thereby as Streets not provided in this act. But no block or part of any such street, avenue or highway, shall be paved or macadamized and curb set as above authorunless pro- ized, unless the property along the same has facilities for sewerage and sewers and drainage by means of a public sewer constructed in such block or part of a street, avenue or highway, or in the street, avenue or highway or alley immediately in rear of the property on each side of the street, avenue or highway, which it is proposed to pave or macadamize, nor shall any block or part of such street, avenue or highway, be paved or macadamized as above authorized unless the public watermains are laid therein, or in the street, avenue, highway or alley immediately in rear of the property on each side of the block or part of a street, avenue or highway which it is proposed to pave or macadamize and hereafter in the extension and laying of water-mains in the public streets, avenues, highways and alleys, it shall be the duty of the water commissioners of said city to furnish and extend lateral pipes of uniform size from such mains to the inside of the curb line of each lot or tract of land along the line of such water-mains; the expense of such lateral pipes shall be a charge and lien upon the lots and tracts of land in front of which they shall be laid, and it shall be added to the water rents charged and assessed upon such lots and tracts of land by the said water commissioners pursuant to existing laws, and shall be enforced and collected in the same manner as the water rents are enforced and collected in said city. Whenever the said common council shall of certain order a sewer of three feet or upwards in diameter to be constructed in any public street, avenue, highway or alley one-half of the entire expense of such sewer shall be charged upon the real and personal property liable to taxation in the city of Troy, and shall be paid by the city at large, and the other half of such expense shall be assessed and be a lien upon the property benefited or to be benefited thereby as provided in this act. In constructing any such sewer, lateral pipes of uniform size shall be laid therefrom to the inside of the curb line in front of each lot or tract of land along the line of the sewer; the entire expense of such lateral pipes shall be a charge and lien upon the property immediately benefited thereby and shall be assessed as provided in this act. The city of Troy shall not expend nor contract to Limitation be expended on its part for any such pavements, curbing or sewers tures, for provided for by this act, a larger sum than one hundred thousand dolpaving and lars a year for the two years next succeeding the passage of this act, nor more than seventy-five thousand dollars a year thereafter, nor shall the total expenditure or liability for such purposes on the part of the city under this act exceed the sum of four hundred and twenty-five thousand dollars. In case the amount herein authorized to be ex pended on the part of the city in any one year shall not be expended Applica- in such year, or contracted to be expended, the balance unexpended expended or not contracted to be expended may be expended in the next or succeeding years in addition to the amount above named for such year or years; provided, however, that the total expenditure or liability shall not exceed the said sum of four hundred and twenty-five thousand Sidewalks, dollars. Whenever any improvements, repairs or alterations shall be pense for, made to the sidewalks, including the stone curb and gutters thereto (except when stone curb is set with new pavement) fronting any of sewers, how assessed. Lateral pipes from sewers. Expense thereof, how as sessed. of expendi sewers. tion of un balance. etc., ex how as |