CHAP. 72. AN ACT to reappropriate money for the erection of an armory in the village of Saratoga Springs, as provided in chapter six hundred and twenty-one of the laws of one thousand eight hundred and eighty-seven, and to make an additional appropriation therefor. APPROVED by the Governor March 20, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion and SECTION 1. In addition to the sum of twenty-five thousand dollars, Additional appropriated by chapter six hundred and twenty-one, of the laws of appropriaone thousand eight hundred and eighty-seven, "for the erection of an re-approarmory in the village of Saratoga Springs," which sum is hereby re- priation. appropriated for the same purpose, the further sum of twelve thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, for the same purpose; the entire cost of said armory, except as pro- Aggregate vided in chapter two hundred and eighty-four, of the laws of one expendi thousand eight hundred and eighty-eight, and the cost of the appa- ited. ratus for heating and lighting the same and for placing such apparatus, and for necessary fixtures, shall not, in the aggregate, exceed the sum of thirty-seven thousand dollars. But no expenditures from such Conditions appropriations, except for plans and specifications and the necessary of pay expenses of the commissioners, and for superintendence and inspection of the work, shall be made, until a title to a suitable site for such Title to armory, free from all incumbrances, certified by the Attorney-General site to be sufficient and in due form, shall be vested in the people of the State of New York, nor until a contract or contracts for the completion of such armory, including all expenses for apparatus for heating Contract and lighting, for placing the same and for fixtures and all work here- to be inbefore provided for, shall have been entered into by the lowest propriaresponsible bidder or bidders therefor, after due advertisement, within tion. the limits of the sums appropriated therefor. § 2. This act shall take effect immediately. CHAP. 73. AN ACT to incorporate the Isabella Heimath. APPROVED by the Governor March 20, 1889. Passed, three-fifths being present. approved. within ap SECTION 1. Oswald Ottendorfer, Edward Uhl, Adolph Schalk, CorporaAndrew H. Green, John F. Pupke, George H. Beyer, Charles Hauselt, tors. Julius W. Brunn, Gustav H. Schwab, William A. Schmitt henner. Theodore Dreier, Reinhold Vanderemde, and such persons as shall become associated with them in the manner and upon the terms and conditions which shall be prescribed by the by-laws of the corporation hereby created and hereinafter named, are hereby constituted a body Corporate politic and corporate by the name of "Isabella Heimath," and by name and that name shall have perpetual succession, be capable in law of suing powers. Real and personal estate of corporation. Exemption property and being sued, pleading and being impleaded, complaining and defending and being defended, in all courts of law or equity and places whatsoever, in all manner of actions, suits, matters, complaints and causes, and may have and use a common seal and change and alter the same, and shall also be capable of purchasing, taking, receiving and holding, by gift, grant, devise or bequest, or otherwise, in trust or in perpetuity, any real or personal estate and property for the uses and purposes of the said corporation, the annual net income of which shall not exceed two hundred thousand dollars; and no misnomer of said corporation shall defeat any gift, grant or devise, provided it shall appear that the intent was to vest an estate or interest in said corporation. § 2. The personal property of the said corporation, and that portion of of certain its real property from which no income is derived shall be exempt from from tax- taxation, so long as the same is exclusively used for the charitable purposes aforesaid. ation. Objects of corporatiou. §3. The objects of said corporation are to establish and maintain in the city of New York, a home for the care, support and maintenance of aged indigent persons, a hospital for the care, reception, maintenance, and medical and surgical advice, aid and treatment, of persons afflicted with chronic maladies and a dispensary where medicines may be provided and dispensed for the benefit of the inmates of said home and hospital, and such other persons as may be designated by the by-laws. The benefits of the charities established by this corporation are to be extended to persons coming within the provisions of the by-laws, without distinction of sex, creed, color or nationality. § 4. There shall be a board of managers of said corporation and its managers. affairs which shall consist of twelve members, six of whom shall be elected, as hereinafter provided, from the members of said corporation at the annual meetings thereof, to be held at such time and place as may be fixed by the by-laws. A majority of votes cast shall be necessary for such election. Until the first annual election to be held as aforesaid, the persons named in the first section of this act, shall constitute such board of managers. Board of First tion of Classifica- § 5. As soon as may be convenient after the passage of this act, said managers. board shall meet, and the six persons first named in the first section of this act shall divide themselves by lot into three equal classes. The term of those constituting the first class shall expire at the end of one year from the date of the annual meeting, or when their successors are elected or appointed. The term of those constituting the second class shall expire at the end of two years from the date of the annual meeting, or when their successors are elected or appointed, and the term of those constituting the third class shall expire at the end of three years from the date of the annual meeting, or when their successors shall be elected or appointed. And at the expiration of Terms of the term of each class as aforesaid, two managers shall be elected to successors. fill the same, by the members of the corporation hereby created at their annual meeting, who shall hold office for the term of three years and until their successors are elected or appointed. And each successive year two managers of said corporation shall be so elected for said term to fill the class then becoming vacant as aforesaid. term of office of the six persons secondly named in the first section of this act shall expire in one year from the date of the annual meeting. Managers Neither of the managers shall receive any compensation for services, to receive nor be interested directly or indirectly in any contract relating to said pensation. home, hospital or dispensary, or in the supplies therefor. office of Do com The ment of Society. § 6. The German Society of the city of New York, may at least ten Appointdays before the annual meeting of the corporation hereby created, trustees by nominate, by written notice to the corporation hereby created, and German appoint six persons, who are members of the said German Society of the city of New York, to be trustees* of the corporation hereby created and such persons so nominated and appointed shall be trustees* of the corporation hereby created, until the expiration of one year from the date of its next annual meeting. In case the said German Society shall not nominate and appoint six persons to be managers of the corporation hereby created, in the manner and at the time above provided for such nomination and appointment, then the six managers elected as aforesaid and their successors shall constitute the board of managers until said German Society nominate and appoint six persons at the time and in the manner aforesaid. of mana gers, how § 7. In case either or any of the above-named persons and managers Vacancies shall decline to serve, or be or become ineligible from any cause, the vacancy or any vacancy occurring from any cause in said board of filled. managers shall be filled by the other members of said board until the next annual election, when the same shall be filled by election by the members of said corporation or by the said German Society as hereinbefore provided. Board. § 8. The board of managers shall annually, at a time to be fixed by officers of the by-laws, and as soon as may be convenient after the said annual election, elect or appoint from their own number a president, a vicepresident, a treasurer and a secretary, who shall hold their respective offices for one year, and until their respective successors are elected or appointed, and perform such duties as shall be prescribed by the by-laws. § 9. The board of managers shall have power to manage, transact By-laws. and conduct all the business of said corporation, to make by-laws not inconsistent with the laws and Constitution of this State, for the government of their proceedings, the management and disposition of the property and concerns of the said corporation, and the admission and terms and conditions of admission of the members of said corporation, and of persons to said home, hospital and dispensary, and to appoint, fix the compensation of, define the duties of, and from time to time remove such subordinate officers, physicians, surgeons, nurses, assistants and servants as they may deem necessary. committee. § 10. The board of managers may create an executive committee to Executive consist of at least five of their number, and may delegate to such executive committee such powers of control and management of the home and the business affairs of said corporation as the by-laws may authorize. § 11. A majority of said board of managers shall constitute a quorum for the transaction of all business except the sale or alienation of any of the real or personal estate of said corporation, or the leasing of any such real estate for a term longer than one year, for which purposes, or any of them, the consent of three-fourths of all the members of said board shall be necessary. Business quorum. powers $12. The said corporation shall possess the general powers and be General subject to the general restrictions and liabilities prescribed in the and liathird title of the eighteenth chapter of the first part of the Revised bilities. Statutes, except as otherwise provided by this act. § 13. This act shall take effect immediately. *So in the original. Repeal. Board of sors may borrow money. CHAP. 74. AN ACT to repeal chapter forty-two of the laws of one thousand APPROVED by the Governor March 21, 1889. Passed, three-fifths being present. SECTION 1. Chapter forty-two of the laws of one thousand eight hundred and seventy-eight, entitled "An act in relation to the fees of the collector of the town of New Paltz, in Ulster county," is hereby repealed. 2. This act shall take effect immediately. CHAP. 75. AN ACT to authorize the board of supervisors of the county of APPROVED by the Governor March 22, 1889. Passed, three-fifths being present. SECTION 1. The board of supervisors of the county of Saratoga is Super hereby authorized and empowered, to borrow money on the credit of said county in a sum not exceeding twenty-nine thousand five hundred dollars upon the notes, bonds or obligations of said county, for the purpose of building a court-house, jail, jailor's residence and other buildings, in the village of Ballston Spa, in and for the said county of Saratoga, and said notes, bonds or obligations shall be chargeable on all the taxable property of said county. Issue of notes, § 2. The notes, bonds or obligations hereby authorized, may be issued bonds, etc. in such denominations, and made payable at such time or times as the board of supervisors or a committee thereof may determine, and shall draw interest. How exe. cuted and § 3. Said notes, bonds or obligations shall be authenticated by the registered. signatures of the chairman of the said board of supervisors and the supervisors of the towns of Milton and Ballston and the treasurer of said county and shall be issued under the seal of said county and shall be registered by the clerk of said county in a book to be kept for that purpose and who shall indorse his certificate of such registry thereof. Sale of notes, § 4. After the execution of said notes, bonds or obligations the bonds, etc, same shall be delivered to the treasurer of Saratoga county and be by him sold at public or private sale on such notice as a committee of the said board of supervisors may deem proper at the best price he can obtain for the same, not less than par, and the proceeds thereof shall be paid over to the said board of supervisors or a committee thereof. therefrom, § 5. The proceeds of said notes, bonds or obligations, or so much Proceeds thereof as shall be necessary, shall be applied in paying and discharg- how aping any debt or liability of said county, created or that may be created plied. in the erection of the said court-house, jail, jailor's residence or other buildings, in the first section of this act mentioned. § 6. This act shall take effect immediately. CHAP. 76. AN ACT to amend chapter six hundred and sixteen of the laws of one thousand eight hundred and eighty-seven, entitled "An act to regulate the heating of steam passenger cars, and to provide for the placing of guards and guard-posts on railroad bridges and trestles and the approaches thereto," as amended by chapter one hundred and eighty-nine of the laws of one thousand eight hundred and eighty-eight, entitled "An act to amend chapter six hundred and sixteen, laws of one thousand eight hundred and eighty-seven, entitled 'An act to regulate the heating of steam passenger cars, and to provide for the placing of guards and guard-posts on railroad bridges and trestles and the approaches thereto." BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 25, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: senger cars SECTION 1. Section one of chapter six hundred and sixteen of the Heating of laws of one thousand eight hundred and eighty-seven, entitled "An steam pas, act to regulate the heating of steam passenger cars and to provide for regulated. the placing of guards and guard-posts on railroad bridges and trestles and the approaches thereto," as amended by chapter one hundred and eighty-nine of the laws of one thousand eight hundred and eightyeight, entitled "An act to amend chapter six hundred and sixteen, laws of eighteen hundred and eighty-seven, entitled 'An act to regulate the heating of steam passenger cars and to provide for the placing of guards and guard-posts on railroad bridges and trestles, and the approaches thereto,"" is hereby amended so as to read as follows: stoves or to heating standing § 1. It shall not be lawful for any steam railroad doing business in Use of this State, after the first day of November, eighteen hundred and furnaces eighty-eight, to heat its passenger cars, on other than mixed trains, prohibited. by any stove or furnace kept inside the car or suspended therefrom, except it may be lawful, in case of accident or other emergency, to temporarily use such stove or furnace with necessary fuel. Provided, Proviso, as that in cars which have been equipped with apparatus to heat by cars while steam, hot water or hot air from the locomotive, or from a special car, stan the present stove may be retained to be used only when the car is standing still, aud provided also that this act shall not apply to rail. Act not to roads less than fifty miles in length, nor to the cars of foreign railroad certain companies incorporated without the jurisdiction of the United States short hauled upon railroad tracks in this State for a distance of less than foreign thirty miles, nor to the use of stoves of a pattern and kind to be dining approved by the railroad commissioners, for cooking purposes in cars. dining-room cars. apply to roads, railways or |