Imágenes de páginas
PDF
EPUB

Supt. of

Public
Instruc-

CHAP. 77.

AN ACT to provide for discontinuing the State schools upon the former Oneida and Madison Indian reservations and directing the sale and conveyance of the State property.

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:

SECTION 1. The Superintendent of Public Instruction is hereby directed to discontinue the State schools upon the former Oneida and tion, duty Madison Indian reservations, located respectively in the counties of Oneida and Madison, from and after the first day of July next.

of.

Sale of property

by Comp

§ 2. The Comptroller is hereby directed to sell the real estate and any personal property belonging to the State and in use of said troller, etc. schools, and to execute and deliver to the purchaser or purchasers good and sufficient conveyances thereof, and to pay the sum received therefor into the treasury of the State.

General

R. R. Act amended.

Proceedings to acquire title to

lands for R. R. pur

poses.

court for

§ 3. This act shall take effect immediately.

CHAP. 78.

AN ACT to amend section fourteen 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 to repeal chapter five hundred and fifteen of the laws of one thousand eight hundred and sixty-seven, entitled "An act in relation to railroad corporations."

APPROVED by the Governor March 26, 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 fourteen of chapter one hundred and forty of the laws of one thousand eight hundred and fifty, is hereby amended so as to read as follows:

§ 14. For the purpose of acquiring such title, the said company may present a petition, praying for the appointment of commissioners of appraisal, to the supreme court, at any general or special term thereof held in the district in which the real estate described in the petition is situated. Such petition shall be signed and verified according to Petition to the rules and practice of such court. It must contain a description Appraisal of the real estate which the company seeks to acquire; and it must, in effect, state that the company is duly incorporated, and that it is the intention of the company, in good faith, to construct and finish a railroad from and to the places named for that purpose in its articles of association; and in case of any railroad company which has been or Statement which hereafter may be duly formed under this act and which is duly as to capi- continued in existence, that at least ten thousand dollars for every scribed, mile of its railroad proposed to be constructed in this State have been

Commissioners.

tal sub

ments

vey and

in good faith subscribed to its capital stock, as required by this act and payand ten per cent thereof paid in, except in case of a railroad company thereon. which has been or which may hereafter be duly organized under this act, and which is duly continued in existence, for the purpose of constructing, maintaining and operating a railroad, with a single track not exceeding one hundred miles in length, the petition must state that at least five thousand dollars for every mile of its railroad proposed to be constructed in this State, have been in good faith subscribed to its capital stock, and twenty per cent thereof paid in; that the company has surveyed the line or route of its proposed road, and As to surmade a map or survey thereof, by which such route or line is desig- location of nated, and that they have located their said road according to such route. survey, and filed certificates of such location, signed by a majority of the directors of the company, in the clerk's office of the several counties through or into which the said road is to be constructed; that the Other land described in the petition is required for the purpose of construct-matters ing or operating the proposed road; and that the company has not stated. been able to acquire title thereto, and the reason of such inability. The petition must also state the names and places of residence of the Statement parties, so far as the same can, by reasonable diligence, be ascertained, idence, inwho own or have, or claim to own or have, estates or interests in the fants, said real estate; and if any such persons are infants, their ages, as near as may be, must be stated; and if any of such persons are idiots, or persons of unsound mind, or are unknown, that fact must be stated, together with such other allegations and statements of liens or incumbrances on said real estate as the company may see fit to make. A service of copy of such petition, with a notice of the time and place the same notice, of will be presented to the supreme court, must be served on all persons ing petiwhose interests are to be affected by the proceedings at least ten days prior to the presentation of the same to the said court.

as to res

idiots, etc.

present

tion.

residents

1. If the person on whom such service is to be made resides in this Service on State, and is not an infant, idiot or person of unsound mind, service of State. of a copy of such petition and notice must be made on him or his agent or attorney, authorized to contract for the sale of the real estate described in the petition, personally, or by leaving the same at the usual place of residence of the person on whom service must be made as aforesaid, with some person of suitable age.

persons

out of

2. If the person on whom such service is to be made, resides out Service on of the State, and has an agent residing in this State authorized to con- residing tract for the sale of the real estate described in the petition, such ser- State. vice may be made on such agent, or on such person personally out of the State; or it may be made by publishing the notice, stating briefly the object of the application, and giving a description of the land to be taken, in the newspaper designated by chapter two hundred and sixty-two of the laws of one thousand eight hundred and eighty-five, and in a paper printed in the county in which the land to be taken is situated, once in each week for one month next previous to the presentation of the petition. And if the residence of such person residing out of this State, but in any of the United States, or in any of the British colonies in North America, is known or can by reasonable diligence be ascertained, the company must, in addition to such pub- Additional lication as aforesaid, deposit a copy of the petition and notice in the mailing of post-office properly folded and directed to such person at the post- notice. office nearest his place of residence, at least thirty days before presenting such petition to the court, and pay the postage chargeable thereon in the United States.

service by

Service

upon in

fants.

Upon com

idiots, insane, etc.

3. If any person on whom such service is to be made is under the age of twenty-one years, and resides in this State, such service shall be made as aforesaid on his general guardian, or if he has no such guardian, then on such infant personally, if he is over the age of fourteen years; and if under that age, then on the person who has the care of, or with whom such infant resides.

4. If the person on whom such service is to be made is an idiot or mittee of of unsound mind, and resides in this State, such service may be made on the committee of his person or estate; or if he has no such committee, then on the person who has the care and charge of such idiot or person of unsound mind.

Upon unknown

real estate,

tion.

5. If the person on whom such service is to be made is unknown, owners of or his residence is unknown, and can not by reasonable diligence be by publica: ascertained, then such service may be made, under the direction of the court, by publishing a notice, stating the time and place the petition will be presented, the object thereof, with a description of the land to be affected by the proceedings, in the newspaper designated by chapter two hundred and sixty-two of the laws of one thousand eight hundred and eighty-five, and in a paper printed in the county where the land is situated, once in each week for one month previous to the presentation of such petition.

Court, to appoint special

guardian

or com

certain

cases.

6. In case any party to be affected by the proceedings is an infant, idiot, or of unsound mind, and has no general guardian or committee, the court shall appoint a special guardian or committee to attend to mittee, in the interests of such person in the proceedings; but if a general guardian or committee has been appointed for such person in this State, it shall be the duty of such general guardian or committee to attend to the interests of such infant, idiot, or person of unsound. mind; and the court may require such security to be given by such general or special guardian or committee, as it may deem necessary to protect the rights of such infant, idiot, or person of unsound mind; and all notices required to be served in the progress of the proceedings, may be served on such general or special guardian or committee. 7. In all cases not herein otherwise provided for, service of orders, notices and other papers in the special proceedings authorized by this act, may be made as the supreme court shall direct.

Court to direct in special

cases.

Repeal.

§ 2. Chapter five hundred and fifteen of the laws of one thousand eight hundred and sixty-seven, entitled "An act in relation to railroad corporations," is hereby repealed.

§ 3. This act shall take effect immediately.

CHAP. 79.

AN ACT to amend chapter five hundred and twenty-two of the laws of one thousand eight hundred and eighty-four, entitled "An act laying out public places and parks and parkways in the Twentythird and Twenty-fourth wards of the city of New York, and in the adjacent district in Westchester county, and authorizing the taking of the lands for the same.'

[ocr errors]

APPROVED by the Governor March 26, 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 ten of chapter five hundred and twenty-two of the laws of one thousand eight hundred and eighty-four, entitled "An act laying out public places and parks and parkways, in the twenty-third and twenty-fourth wards of the city of New York, and in the adjacent district in Westchester county, and authorizing the taking of the lands for the same," is hereby amended so as to read as follows:

bonds for

ages.

§ 10. For the payment of the damages awarded by the commis- Issue of sioners of estimate and the expenses, disbursements and charges in payment the premises, it shall be lawful for the comptroller of the city of New of damYork, when thereto authorized by the board of estimate and apportionment in said city to issue stock or bonds of the said mayor, aldermen and commonalty of the city of New York, which shall be a charge upon and shall be redeemed and paid from the sinking fund for the redemption of the city debt. The revenues of which shall continue for such purpose to the extent that may be necessary to secure the payment of the said bonds or stocks as herein provided. Such bonds or stocks shall not be sold for less than par, shall be made paya- interest ble at such date or dates, not exceeding fifty years from the date of and when issue, as the comptroller shall determine, and shall draw interest at a payable. rate not exceeding three per centum per annum. § 2. Section eleven of said act is hereby repealed. §3. This act shall take effect immediately.

CHAP. 80.

AN ACT to authorize the city of Utica to lay an iron pipe and to raise money for the purpose of constructing a sewer or culvert under the Erie canal.

APPROVED by the Governor March 27, 1889. Passed, three-fifths being present.

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

Rate of

Repeal.

cil may

money for

SECTION 1. It shall be lawful for the common council of the city of City counUtica, and they shall have the power to borrow such sum as they shall borrow deem necessary, not exceeding six thousand dollars, upon the corpo- mower, and rate bond of the city, at a rate of interest not exceeding six per cent issue bond. per annum, for the purpose of laying an iron pipe and paying for the construction of a sewer or culvert under the Erie canal at Utica,

according to plan now on file in the city clerk's office known as the extension of the third and seventh ward sewer. Said bond hereby Sale there- authorized to be issued shall not be sold for less than par value and said money shall be used for the payment of the construction of said sewer under the direction of said common council when audited by them and for no other purpose.

of.

Bond and interest, tax for payment of.

City to maintain

sewer.

and when

§ 2. The said bond, principal and interest shall be payable on the first day of April, one thousand eight hundred and ninety-one. And said common council shall levy and collect as a part of and in addition to the annual city tax authorized by the city charter of the city of Utica, such sum as may be necessary to pay both principal and interest in said year as aforesaid. The money so collected shall be applied to the payment of said bond and the interest thereon and for no other purpose.

§3. Permission is hereby granted to the city of Utica, to construct and maintain such sewer forever. Said work to be done under the Work, how direction and with the consent of the Superintendent of Public Works, and to be completed before the opening of navigation of the canal in the year one thousand eight hundred and eight-nine. §4. This act shall take effect immediately.

doue.

Commis

sion constituted.

Commis

sioners to locate building

offices.

CHAP. 81.

AN ACT to provide for the erection of a building for certain pur-
poses relating to the public interests in the city of New York.
APPROVED by the Governor March 27, 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 commissioners of the sinking fund of the city of New York, together with the surrogate of the city and county of New York, the clerk of the city and county of New York and the register of the city and county of New York, are hereby constituted a board of commissioners for the purposes and with the powers in this statute provided.

§ 2. It shall be the duty of said board of commissioners and they are hereby authorized and empowered to select and locate a site in that for record portion of the City Hall park in the city of New York, which lies north of the avenue running through the same immediately south of the city hall from Broadway to Park Row and east of the walk which runs adjacent to the easterly lines of the city hall and the new county court-house, upon which to erect a building as nearly fire-proof as can be practically secured, sufficient to provide suitable accommodation for the office and use of the register of the city and county of New York, and for the office and use of the clerk of the city and county of New York, and for the offices and court and for the use of the surrogate of the city and county of New York, being the various offices in which the records affecting public interests are required by law to be kept in said city and county; and also sufficient to afford suitable accommodation for the offices and use of such of the several dation for departments of the said municipality, the mayor, aldermen and commonOther bu- alty of the city of New York, and of such bureaus, officers and comreaus, etc. missioners as do not belong to any department, and of such county

Building

to afford accommo

certain

« AnteriorContinuar »