required

acknowledge, before an officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the county in which such hospital, infirmary or home is to be located, and a duplicate thereof in the office of the Secretary of State, a certificate in writing Statements in which shall be stated the corporate name of said corporation, and the objects for which the same shall be formed, the names of the persons who shall form the board of managers of said corporation for the first year, the term of duration of such corporation, and the name of the town or city and county in which the said hospital, home, infirmary or dispensary is to be located; and thereupon said persons and such other persons as may thereafter become associated with them, shall become and be a corporation by the corporate name specified in the said certificate.

therein.

Objects, how

stated in certificate.

Real and

estate authorized.

§ 2. It shall be lawful for any corporation organized under the provisions of this act, to establish and maintain an institution for any one or more or all the purposes mentioned in the first section hereof, provided that the certificate of incorporation specify precisely for which of said purposes such institution is to be established.

§ 3. Such corporation shall have power to take, receive, and hold. personal by gift, grant, devise or bequest, in trust or in perpetuity, any real and personal estate, either and both, for the uses and purposes of the said corporation; provided, however, that the annual net income of its property, real and personal, shall not exceed two hundred thousand dollars.

Exemption

tion, con

Certificate poration

system of

§ 4. The property of said corporation, both real and personal, shall from taxa- be exempt from taxation, to the extent that, and so long as, the same ditions of. shall be used exclusively for the care, reception, maintenance, medical and surgical advice, aid and treatment of persons needing such medical and surgical advice, aid and treatment, or the care and maintenance of infirm, aged, and indigent persons, and provided that it shall and do actually render medical and surgical aid, advice and treatment to poor persons in need of such treatment without charge therefor, or care for and maintain infirm, aged and indigent persons without charge. § 5. It shall be lawful for the certificate of incorporation hereinbefore mentioned, to declare and prescribe what shall be the qualificamay state tions of members of the said corporation in the matter of adherence medicine, or non-adherence to any particular school or theory of medical or etc., used. surgical treatment, and what system of practice of medicine or treat ment shall be used and applied in such hospital, infirmary or home. 6. The affairs of such corporation shall be conducted, managed managers. and administered by a board of managers, to consist of nine persons. Board for The persons named as managers or trustees for the first year, in the certificate of association hereinbefore mentioned, shall administer the affairs of the said corporation and its hospital, infirmary or home, for the first year after its organization. At the expiration of said year, and annually thereafter, an election of members of the board of managers shall be had. Such election shall be by ballot and all members of the corporation shall be entitled to vote thereat. Only members of the corporation shall be eligible as members of such Classifica board. At the first election a full board shall be chosen. The per

Board of

first year.

Subsequent elec tions.

tion of terms.

sons there elected shall divide themselves by lot into three classes of three members each. Those in the first class shall hold office for one year; those in the second class for two years, and those in the third class for three years. At each subsequent annual election three members of the board shall be elected, who shall hold office for three years.

Members of said board shall hold office until their successors

how filled.

are elected. The board of managers shall have power to fill all vacan- Vacancies, cies occurring in said board by death, resignation or any other cause, except expiration of term. Such elections to fill vacancies shall be made by ballot. A person elected to fill a vacancy shall serve only for the balance of the term in which the vacancy occurred, or until his successor is elected.

commit

§ 7. The board of managers shall annually elect from their own Officers of number, a president, vice-president, secretary and treasurer, who shall board. hold office respectively for one year or until their successors are elected. The said board shall also appoint such subordinate officers, physicians, surgeons, nurses, assistants and servants of such institution, as in their judgment its needs demand; and shall fix the compensation of such subordinates, define their duties, and shall have power to remove them or any one of them in the discretion of said board. The board of managers may also create an executive commit- Executive tee consisting of as many members of the board as they deem advis- tee. able, and may delegate to such executive committee such powers of control and management of the home, hospital, dispensary or infirmary as they deem proper, such powers, however, to be distinctly specified in the by-laws. A majority of said board of managers sha!! Business. constitute a quorum for the transaction of 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.

quorum.

§ 8. The board of managers shall make by-laws for the conduct of By-laws. the affairs of the corporation. No alteration or amendment of the by-laws, nor any addition thereto shall be made except by majority vote of the board of managers at a meeting of said board, nor unless a written notice of an intention to propose such alteration, amendment or addition at a meeting of such board to be held at a time and place mentioned in such notice has been served personally upon each member of said board at least three days prior to the time mentioned in such notice for the holding of such meeting. The vote upon all questions of change, amendment or addition to the by-laws shall be taken by calling the roll of said board, and upon such vote the ayes and nays shall be recorded in the minutes. The by-laws shall define the duties of the various officers, appointees and servants of the corporation, and of the executive committee of the board of managers. The by-laws may specify what classes and descriptions of persons shall or may receive treatment, advice, care and maintenance from said hospital, infirmary, dispensary or home. The by-laws shall fix the dates of the annual and other elections of officers, and shall prescribe the method by which persons may be admitted to membership of the corporation, and the terms and conditions of such membership not inconsistent with the statutes of this State.

to receive

interested

§ 9. No member of the board of managers shall receive directly or Managers indirectly any compensation for his services as such member, nor for no pay. his services as president, vice-president, secretary or treasurer in case he be elected to either of such offices, nor shall any member of said Not to be board be interested directly or indirectly in any contract relating to in furnishthe hospital, home, dispensary, infirmary or other institution main- ing sup tained by said corporation, nor in any contract for the furnishing of supplies thereto.

plies, etc.

$10. The Legislature may at any time regulate any corporation Control by

City charter amended.

Council may procure schoolhouse

sites.

Board of education, when to

report determination to build schoolhouse,

etc., to council.

council

CHAP. 97.

AN ACT to amend chapter three hundred and eighty-five of the laws of one thousand eight hundred and sixty-two, entitled "An act to amend and consolidate the several acts relative to the city of Schenectady," as amended by chapter sixty-two of the laws of one thousand eight hundred and seventy-three and chapter one hundred and thirty-four of the laws of one thousand eight hundred and eighty-eight.

BECAME a law without the approval of the governor, in accordance with the provisions of article four, section nine of the constitution, April 1, 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. Subdivision one of section seven of title six of chapter three hundred and eighty-five of the laws of one thousand eight hundred and sixty-two, entitled "An act to amend and consolidate the several acts relative to the city of Schenectady" is hereby amended so as to read as follows:

1. To purchase, lease or improve sites for school-houses, or sites with buildings thereon for the same purpose, or for the obtaining title to such sites in the manner hereinafter mentioned.

§ 2. Title six of said act is hereby amended by inserting therein after the seventh section thereof a new section, which shall be numbered and designated section eight and shall read as follows:

§ 8. Whenever the said board of education shall adjudge or determine that it is necessary, or proper and expedient, to build, enlarge or improve a school-house or to purchase or procure a site for a new school-house; and that the residue of the moneys, subject to the requisition of said board, under the provisions of the last preceding section, during the current fiscal year, that will remain after paying the estimated cost and expense of the carrying on and managenient of the public schools of the city for such year, is insufficient to pay the cost and expense of building, enlarging or improving such school-house, or procuring such site for a new school-house, the said board shall make a report to the common council stating such determination and the grounds therefor, and an estimate of the amount of money that will Action of be required for the purpose stated, and the said common council, if it thereupon. concur in the said determination of said board, shall borrow in the name and on the credit of the city of Schenectady the sum of money so row money estimated, or such part thereof as they determine to be sufficient for city bonds. such proposed purpose, by issuing the bonds of said city under its corporate seal in sums of one thousand dollars each, with interest payable. semi-annnally at a rate not exceeding four per cent per annum, and payable at such time or times within thirty years as the said common council shall direct, which bonds shall be signed by the mayor and treasurer of said city. The city treasurer shall sell and dispose of such bonds to the highest bidders therefor, after giving at least two weeks public notice of such sale, but not for less than par and accrued interest. The moneys raised by the sale of such bonds shall be a special school fund, and shall be paid out by such treasurer upon the drafts of said board of education and shall be applied and used by said board solely for the purpose which shall be stated in their said.

May bor

by issue of

Sale of bonds.

Avails

therefrom,

how ap

plied.

provided

report to the common council. The principal and interest of such Interest, bonds shall be collected and paid in the same manner as other debts etc., how and obligations of said city. The aggregate amount of all bonds is- for. sued under the provisions of this section in any one period of ten Limitaconsecutive years after the passage of this act shall not exceed the sum of fifty thousand dollars.

tion.

sections of

§3. The sections of title six of said act which are now numbered Certain and designated as sections eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty- numbered. one, twenty-two and twenty-three shall hereafter respectively in their numerical order be numbered and designated as sections nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three and twentyfour.

§ 4. Subdivision two of section twelve of title six of said act is Powers of hereby amended so as to read as follows:

Board of
Education

2. To purchase, hire or in the manner hereinafter stated, procure as tooltitle to school-houses, lots or sites for school-houses, or sites with house buildings thereon, to be used as school-houses, and to fence and im- sites. prove such sites as it may deem proper.

§ 5. Title six of said act is hereby amended by inserting therein a new section which shall be numbered and designated as section twentyfive and shall read as follows:

acquiring

lands, for

sites.

§ 25. Said board of education shall have power to take proceedings Proceedto acquire land for sites for school-houses, and the title thereto in the ings, for name of the city of Schenectady, whenever any owner or owners of title to such land shall not consent or shall not be able, to sell and convey the schoolsame, or whenever the said board shall not be able to agree with such house owner or owners or some or any of them upon the price or value thereof. Such proceedings shall be taken and had in the manner provided by the general laws of the State for the appraisal and acquiring lands for sites for district school-houses, except as otherwise herein expressly provided, and except that the restrictions therein contained. as to a village or city lot shall not apply to this section. For the purposes of such proceedings the said board of education shall possess all the powers of trustees under the provisions of such general laws. Such proceedings may be authorized by a vote of said board of education and the petition may be signed by the president or secretary of such board. The commissioners appointed in such proceedings may be inhabitants of the city of Schenectady and owners of taxable property therein, but shall not be owners of, or interested in the land proposed to be taken, or related to any owner of such land. Such proceedings may be taken before the supreme court, or before, the county court of Schenectady county. The compensation named in the award, the fees of the commissioners, which shall be three dollars per day each, and the costs and expenses of said board of education in such proceeding, shall be paid by said board out of the funds, subject to their disposition, applicable thereto, and such fees, costs and expenses may be taxed and allowed in the final order.

provements,etc.,

meeting of

6. There shall be added to title seven of said act a new section Street imwhich shall be numbered section sixty-one and read as follows: § 61. Whenever the common council shall adopt or pass an ordi- notice of nance or resolution requiring any street, highway, walk or square in council, said city to be paved, flagged, macadamized, planked or covered with ordinance broken stone or gravel, or repaved, regraded or reflagged, or any side- for. walk in said city to be curbed, graded, flagged or paved or relaid, re

to consider

flagged or repaired, or any deposits or obstructions in any of the natural water-courses or streams in said city to be removed, and that such work be done at the expense of the owners or occupants of the lots or buildings adjoining, adjacent to or lying upon such highway, street, square, walk, stream or water-course, the common council shall give notice by the publication thereof for at least five days in one of the public newspapers of said city, that it will at a time and place therein stated, which shall not be less than five days from the first publication of such notice, meet to again consider such ordinance or resolution, at which meeting all parties interested therein will be heard. Hearing of The common council at the time and place named in such notice, or at such other time and place which shall be then appointed for such purpose by a majority of the members then present, shall hear all parties interested in the matter of such ordinance or resolution, who Action by shall desire to be heard, and after such hearing shall again consider such ordinance, and may confirm, modify or rescind the same. No such ordinance or resolution shall create any duty or obligation, until it shall be confirmed or modified as aforesaid.

interested

parties.

council.

Water

commis

§ 7. This act shall take effect immediately.

CHAP. 98.

AN ACT to amend chapter three hundred and thirty of the laws of one thousand eight hundred and eighty-three, entitled "An act to supply the city of Schenectady with water."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 1, 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 three of an act entitled "An act to supply the Sioners' act city of Schenectady with water," passed April twenty-seventh, one amended. thousand eight hundred and eighty-three, is hereby amended so as to read as follows:

President of board, annual election of.

Supt. of

§3. The said commissioners shall, at their first meeting after the second Tuesday of May in every year, elect one of their number president, who shall hold office as such until the second Tuesday of May then next ensuing, and in case of a vacancy in such office occurring by death, resignation or otherwise, during any such term, the said commissioners shall elect one of their number to such office for the residue of such term. The said commissioners shall, annually, at their first meeting after the second Tuesday of May in every year, appoint a superintendent of the water-works, subject to the approval of the common council, who shall hold office as such until the second Tuesday and salary of May then next ensuing and until his successor shall be appointed, unless sooner removed for cause as hereinafter provided. The superintendent of the water-works shall be paid such salary as shall be fixed and determined by the said commissioners previous to his appointment, which shall not exceed fifteen hundred dollars per annum, which shall not be increased or diminished during his term of Vacancies, office. In case of a vacancy in such office during any such term, how filled. caused by death, resignation or otherwise, the said commissioners,

waterworks, his election