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Y\ LAWS OP NEW YORK. — By Authority. (Every law, unless a different time shall . be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 233. AN AjCT to amend chapter five hundred and fifty-six of the laws of eighteen : hundred and ninety-four, being the ! consolidated school law. Became a law April 3, 1895, ' with the, approval of the Governor. 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 two of section one of title six of said law is hereby amended to read as follows: 2. In conjunction with -the commission er or commissioners of an adjoining school commissioner district or districts, to set, off joint districts, composed of adjoining parts of their respective dis tricts and separately to institute proceed ings to alter the same in respect to the territory within his own district. Sec. 2. Section four of said title six is hereby amended to read as follows: Sec. 4. Within ten days after making and filing such order, he shall give at least a week ’ s notice in writing to one or more of the assenting and dissenting trustees of any district or districts, to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected lies, he will hear objections to the alteration. The trus tees of any district to be affected by such order may request the supervisor and town clerk of the town or towns within which such district or districts shall wholly or partly lie, t~ be associated with the commissioner. At the time and place mentioned in the notice, the commission er or commissioners, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter and the decision shall be final unless duly appealed from. Such decision must either confirm or vacate the order of the commissioner, and must be filed with and recorded by the town clerk of the town or towns in which the district or dis tricts to he affected lie, and a tie vote shall be regarded a decision for the pur poses of an appeal on the merits. Sec. 3. This act shall take ‘ effect imme diately. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER. Secretary of State. LAWS OP NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 224. AN ACT to provide for the deepening of and for improvements in the Erie basin at Buffalo. Became a law April 3, . 1895, with the approval of the Governor. 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 pub lic works is hereby authorized and di rected, to extend the deepening of the \Erie basin at Buffalo northward from the last point of deepening between slip number two and West Genesee street to the north line of West Genesee street, said deepening to conform to the lines of depth obtained under work done under chapter five hundred and eighty-eight of the laws of eighteen hundred and ninety- four. Such superintendent is also au thorized and directed to construct along all that portion of the Erie basin at Buffalo lying between the south line of West Genesee street and the north line of slip number two, a crib dock filled ■with stone to take the place of the dock heretofore existing but which was de stroyed or made unsafe during the dredg ing operations of the State. Such deep ening shall be made and such dock shall be constructed on or before the opening of navigation in the Erie canal in the year eighteen hundred and ninety-five or as soon thereafter as practicable. Sec. 2. The performance of ajll wmrk provided for by this act shall be by con tract entered into and duly executed by and between the superintendent of pub lic works and the contractor or contrac tors performing the same, except such portions thereof as in the judgment of the superintendent of public works or the State engineer and surveyor can not be so done to the best interests of the State. Such contract shall be given to the lowest bidder or bidders giving am ple security for the performance of the work in all respects according to such contract, after being advertised by the superintendent of public works for a period of not less than five days and nor. more than ten days in such number of papers and published in such localities as they may deem for the best interests of the State. The notices of letting shall be signed by the superintendent of pub lic works and published as aforesaid and shall state the work to be done and the length of time which will be given to the completion of the wmrk, the amount of security required and the conditions of the bonds to be furnished for the faithful performance of the contracts. Plans and specifications shall be pre pared by the state engineer and sur veyor for all work required to be done under this act. ' The superintendent of public works and the canal board shall reserve the right to declare any contract forfeited whenever in their judgment the wmrk thereunder is not being performed in good faith in the best interests of the State. Sec. 3. 'The sum of nine hundred and forty dollars is hereby appropriated to carry out the deepening of the Erie basin herein set forth and the sum of forty- four hundred and thirty-eight dollars or so much thereof as may be necessary to construct said crib dock wnth stone as herein set forth, and both the sums of money are hereby appropriated out of any moneys, in the treasury not other- •wise appropriated to be paid by the treas urer on the warrant of the comptroller to the order of the superintendent of public works. Sec. 4. The comptroller is hereby au thorized to borrow, from time to time, such sums as the superintendent of pub lic works may require not exceeding fifty-three hundred and seventy-eight dol lars in the aggregate, and the money borrowed he shall refund from moneys received from taxes levied to meet this appropriation. Sec. 5. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER. Secretary of State. LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article H, chapter 8, General Laws.) CHAP. 230. AN ACT making an appropriation ’ for horticultural investigations and exper iments in the fifth judicial department. Became a law April 4, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do a nf 5? q f nil owe,! Section 1. The sum of sixteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of ’ any moneys in the treasury, not otherwise appropriated, to be paid to the agricultural experiment station at Cornell university, for the purpose of horticultural experiments, investigations, instruction and information, in the fifth judicial department, pursuant to section eighty-seven of the agricultural law. Such moneys shall be paid by the treas urer upon the warrant of the comptroller, on vouchers approved by the commis sioner of agriculture. Sec. 2. This act shall take effect imme- . diately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN- PALMER, j l __ : A _ Secretary of State. ; LAWS OF NEW YORK.-^By Authority. (Every law, unless a different time shall be prescribed therein, shall, not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 231. AN ACT to establish a law library in the sixth judicial district to be called “ The Supreme Court Library at El mira ” and making an appropriation therefor. Became a law April 4, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. There shall be a law library located in the city of Elmira, in the county of Chemung, which shall be called “ The Supreme Court ' Library at El mira. ” Sec. 2. The said library shall be under the care and management of a board of trustees, which board shall consist of three members, who shall be appointed by the governor from among the mem bers of the Chemung county bar, who shall have practiced law for at least ten years. After the passage and approval of this act the governor shall appoint one member of said board who shall serve until the thirty-first of. December, eighteen hundred and ninety-seven, one member who shall serve until the thirty- first day of December, eighteen hundred and ninety-six, and one. member who shall serve until the thirty-first day of December, eighteen hundred and ninety- five. At the expiration of such terms the governor shall appoint successors to said trustees, who shall serve for three years. The said trustees shall also serve until their successors are appointed. All appropriations made for said -library shall be paid to said trustees, to be by them or a majority of them disbursed in the purchase of books for said library. The s'aid trustees may make rules and regulations for the management and pro tection of said library and prescribe pen alties for the violation thereof. They may sue for and recover for such penal ties, and may maintain actions for in juries to said library. They may pro cure proper furniture for said library; hire suitable rooms; provide fuel and lights; and defray all the incidental ex penses of the care and management of said library, including the insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chemung^ upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the su preme court of the district, out of the moneys raised in said county for court expenses, which sums, as well as the salary of the librarian hereafter specified, shall be a county charge upon said coun ty of Chemung. Sec. 3. The librarian of the Supreme Court Library at Elmira shall be ap pointed by said board, and shall hold of fice during the pleasure of said board. The salary of said librarian shall be paid quarterly on the first days of January, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the following year by said board, but such salary shall not exceed five hundred dol lars in any year, and the same shall be paid by the treasurer of the county of Chemung out of the moneys.--raised in said county' for court expenses, upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any r justice of the supreme court in the district. Said librarian shall be subject to the direc tions of said board and shall be gov erned by such rules as it shall from time to time make. Sec. 4. The sum of three thousand dol lars is hereby appropriated to be expend ed in the purchase of books' under the direction and supervision of said trus tees, or a majority of them, which sum shall be paid by the treasurer of the state from the general fund upon the warrant of the comptroller. The warrant of the comptroller shall not, however, be issued for the above mentioned sum until an equal amount shall be raised either by' private subscription or by resolution of the board of supervisors of Chemung county for the same purpose. The cer tificate of the aforesaid board of the fact shall be evidence to the comptroller that the said sum has been raised. Sec. 5. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby' certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 232. AN ACT in relation to gospel funds and school lots in the several towns and counties of this state. Became a law April 4, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. It shall be lawful for the supervisor of any town having money arising from the sale of gospel lands, and known as gospel funds, to apportion such among the several school districts of his respective town as hereinafter pro vided. Sec. 2. Any town having a gospel fund of five hundred dollars or less may ap portion such fund with the consent and approval of a majority of the town board of such town. Sec. 3. Any town having a gospel fund of more than five hundred dollars may apportion such fund in like manner by a vote at any annual or special town meeting. Sec. 4. Where such apportionment is made, the supervisor shall pay to the trustees of the several school districts of his town its pro rata share according to the aggregate school attendance of each school district in the preceding year. Sec. 5. The trustees of such school dis trict shall execute and file with the su pervisor of such town a bond of twice the amount of such apportionment, with sufficient sureties, to be approved by such supervisor. Sec. 6. Such trustees, upon the receipt of such money, shall apply the same for such purpose as the school district in ..annual or special meeting shall decide. Sec. 7. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER. Secretary of State. shall pay a like license fee for the privi lege, to be computed upon the .basis of the capital stock employed by it within this state for its business during the first year of carrying on its business in this state. The amount nf capital upon which such taxes shall be paid shall be fixed by the comptroller, who shall have the same authority to examine the books and records in this state of such foreign cor porations, and the employees thereof, and the same power to issue his warrant for the collection of such taxes, as'he now has with regard to. domestic corpor- atioris. Every such foreign corporation hereafter authorized to do business in this state shall, before receiving the cer tificate o'f authority provided by law, pay to the. state* treasurer, for the use of the state, the tax hereinbefore pro vided for. No action shall be maintained or recovery had in any of the courts of this state by such foreign corporation doing business in ffhis state, without ob taining the certificate of authority pre scribed by law, and a receipt , for the license fee hereby imposed. ' Sec. 2. This act shall take effect imme diately. State of New York,' Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall- have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 241. AN ACT to amend t^ie code of civil pro cedure relating to fees of referees up on sales of real property. Became a law April 4, 1895, with the approval of the Governor. 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 thirty-two hundred and ninety-seven of the code of civil pro cedure is hereby amended so as to read as follows: Sec. 3297. Fees of referees upon sales of real property. — The fees of a referee appointed to sell real property, pursuant to a judgment in an action, are the same as those allowed to the sheriff, and he is allowed the same disbursements as the sheriff. Where a referee is required to take security upon a,sale, or to distrib ute, or apply, or ascertain and report up on the distribution or application of any of the proceeds of the sale, he is also entitled to one-half of the commissions upon the amount so secured, distributed or applied, allowed by law to an execu tor or administrator for receiving and paying out money. But commissions shall not be allowed to him upon a,sum bidden by a party, and applied upon tha t party ’ s demand, as fixed by the judg ment without being paid to the referee, except to the amount of ten dollars. And a referee ’ s compensation, including com missions, cannot, where the sale is un der a judgment in an action to foreclose a mortgage, exceed fifty dollars unless the property sold for ten thousand dol lars or upwards, in which event the ref eree may receive such additional com pensation as to the court may seem proper, or in any other cause five hun dred dollars. Sec. 2. This act shall take effect on the first day of September, eighteen hundred and ninety-five. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a ’ correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK. — By Authority, (Everv law. unless a different time «h-:i be prescribed therein, shall not take ef fect until the twentieth uay after it shall have become a. law. Section 43, article II. chapter 8, General Laws.) CHAP. 249. AN ACT to appropriate moneys for the payment of- certain debts incurred on behalf of the First Separate Naval Di vision lately located at Rochester, New ' York. \ Became a la.w April 5, 1895. with the approval of the Governor. 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 sum of five thousand six hundred dollars, or so much thereof as may be necessary, is hereby appro priated out of any moneys in the treas ury,* not otherwise appropriated, to pay the indebtedness heretofore incurred on behalf, of the first separate naval divi sion of the State of New York, located at the city of Rochester, for rent of rooms for an armory, and for expense of fitting up, furnishing and maintain ing the same, and the salary of an ar morer; such indebtedness shall be paid to the several claimants upon warrants drawn by the comptroller after audit of the several claims by the comptroller upon the certificate of the lieutenant commanding said first separate naval division, at the time the same was dis banded by order of the adju ’ ant geneial, and such other evidence as may be satis factory to the comptroller. Sec. 2. This act shall take effect imme- dia tely. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN -PALMHP Secretary of State. LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 239. AN ACT to amend the town law in rela tion to the commissioners of highways. Became a law April 4, 1895, with the approval of the Governor. 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 seventeen of the town law, as amended by chapter three hun dred and forty-four of the laws of eigh teen hundred and ninety-three, is hereby amended to read as follows: Sec. 17. Commissioners of highways. — The electors of each town may, at their annual town meetings, determine by bal lot whether there shall be elected in their town one or three commissioners of highways. If only one shall be deter mined upon, and it shall be a town hav ing but one commissioner of highways, one commissioner only shall thereafter be elected at each alternate annual to » a. meeting, who shall hold his office for two years. If three shall be determined up on, three commissioners of highways shall then be elected for the terms of one, two or three years respectively; and the person having the greatest number of votes for each term so designated shall be deemed duly elected, and shall hold office for the term so designated, and one commissioner only for a full term shall thereafter annually be elect ed, who shall hold his office for three years. Whenever any town shall have determined upon having three commis sioners of highways and shall desire to have but one, the electors thereof may do so by a vote by ballot taken at an annual town meeting, and when such proposition shall have been adopted no other commissioner shall be elected or appointed until the term or terms of those in office at the time of adopting the proposition shall expire or become vacant; and they may act until their terms shall severally expire or become vacant as fully as if three continued in office. When there shall be but one com missioner of highways in any town, he shall possess all the powers and dis charge all the duties of commissioners of highways as prescribed by law. Sec. 3. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss. : I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript the'-eff-ern •Ltd of the ■whoie ot saio original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK. — By Authority. (Every Taw. unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II. chapter 8, General Laws.) CHAP. 254. AN ACT to authorize the board of claims to hear, audit and determine the claim of Linus Jones Peck and Company, or the survivor of said firm, for stone de livered and for cutting stone in per- ’ formance of two certain contracts made by said firm with the State for furnishing stone' and cutting the same for the erection of the buildings of the Buffalo State Asylum for the Insane, and to make an award thereon. Became a law April 6, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate' and Assembly, do enact as follows: Section 1. Jurisdiction is hereby con ferred upon the board of claims to hear, audit and determine the claim against the State of the firm of Linus Jones Peck and Company, or the survivor of said firm, or his executors, administrators or assigns for stone delivered by said firm upon the grounds of the Buffalo asylum for the insane, and for cutting the same, in performance of two certain contracts bearing date respectively the ninth day of October, eighteen hundred and sev enty-one, and the thirteenth day of Janu ary, eighteen hundred and seventy-two, made by and between the managers of the Buffalo State asylum for the insane on behalf of the State of New York, and Linus Jones Peck and Company, for the furnishing of the stone for the exterior facing of the walls of the buildings of the Buffalo State asylum for the insane, and for the cutting of said stone, and to award to such claimant such sum or sums for stone delivered and work per formed and interest thereon as said board of claims may adjudge and determine the claimant may be entitled to under said contracts, and in accordance with the rules of law applicable to the case. Sec. 2. Either party may take an ap peal to the court of appeals, from any award made under authority of this act, if the amount in controversy exceeds five hundred dollars, provided such appeal be taken by service of a notice of appeal within thirty days after service of a copy of the award. Sec. 3. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss. :' I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) ; CHAP. 240. AN ACT to provide for licensing foreign stock corporations. Became a law April 4, 1895, with the approval of the Governor. Passed, three-fifths being present. The People cf the Stace of New f ork, represented in Senate and Assembly, do enact as follows: Section 1. Every foreign corporation ex cept banking, fire, marine, casualty and life insurance companies, and corpora tions wholly engaged in carrying on man ufactures in this state, co-oporative fra ternal insurance companies, endowment orders and building and loan associations, now authorized to do business in this state, under the provisions of chapter six hundred and eighty-seven of the laws of eighteen hundred and ninety-two, enti tled “ An act to amend the general cor poration law,” shall pay to the state treasurer for the use of the state, a li cense fee of one-eighth of one per centum for the privilege of exercising its cor porate franchises or carrying on its busi ness in such corporate or organized capa city in this state, on the.first day of De cember, eighteen hundred and ninety- five, to be computed upon the basis of the amount of capital stock employed by it within this State during the year preceding that date, and every such for eign corporation which shall hereafter bo authorized to do business in this state LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after, it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 251. - AN ACT to reappropriate, money for the erection of a . State armory in the vil lage of Glens Falls, as provided in chapter one hundred and twenty-five of the laws of eighteen hundred and ninety-three, as amended by chapter twenty-three of the laws of eighteen hundred and ninety-four. Became a law April 5, 1895, with the approval of the Governor. 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 balance remaining in the treasury unexpended of the sum of thir ty-two thousand dollars, appropriated by chapter one hundred and twenty-five of the laws of eighteen hundred and ninety- three, as amended by chapter twenty- three of the laws of eighteen hundred and ninety-four, for the erection of a State armory in the village of Glens' Falls, which said balance is the sum of thirteen thousand four hundred and ninety-four dollars and sixty-five cents, is hereby appropriated for the same pur pose; and the comptroller is directed, from time to time, to pay the same, or so much thereof as may be necessary, for the aforesaid purpose, out of any money in the treasury not otherwise'ap propriated, on the written requisition of the commission- appointed under chapter one hundred and twenty-five of the laws ' of eighteen hundred and ninety-three. Sec. 2. This: act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN i?ALMER. Secretary of Stat^ LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 255. AN ACT to release to Benjamin Gold man the interest of the State in certain lands in the city of .Buffalo, Erie Coun ty. Became a law April 8, 1895, with the approval of the Governor. Passed, by a two-thirds vote. The People Of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. All the estate, right, title and interest of the people of the State acquir ed by escheat, in and to all that tract or parcel of real estate situated in the city of Buffalo, Erie county, of which John Lippert, late of the said city of Buffalo, died seized and possessed, and described as follows: All that tract _ or parcel of land situate, lying and being in the city of .Buffalo aforesaid, being part of outer lot number one hundred and thirty, bounded and described as fol lows: Beginning in the southeast cor ner of Gottlieb Krug ’ s lot on Michigan street, running thence southerly along ^the westerly line of Michigan street twenty-three feet and six inches; thence westerly at right angles to Michigan street to the land owned by Christian Geier; thence northerly parallel with Michigan street along Christian Geier ’ s land twenty-three feet and six inches; thence easterly along the land of Gott lieb Krug, to the place of beginning, is hereby granted, conveyed and released to Benjamin Goldman, of the city of Buf falo, New York, and to his heirs and as signs forever. Sec. 2. Nothing in this act shall be con strued to impair or affect the right, of any heir at law, devisee, grantee or cred itor by mortgage, judgment or other- wise. Sec. 3. This act shall take effect imme diately. State of New York, Office of. the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State.- ' for six years, and shall be made by the governor with the advice and consent of the senate. Said board shall always be so constituted as that two of its mem bers shall be women, and another a phy sician possessing the qualifications above described. Whenever a vacancy occurs in said board of mongers by expiration of term of office, or by death, resigna tion. removal or otherwise, the governor shall appoint a resident of the State to fill such vacancy, but when an appoint ment shall be made to fill out an unex pired term of office, the governpr shall so indicate at the time of making such appointment, and the person so appoint ed shall hold office only until the close of such unexpired term. The governor shall have power to remove any manager at any time for cause, on giving to such manager a copy of the charges against him or her and an opportunity of being heard in- his or her defense. Sec. 2. The members of the board of managers in office at the time of the passage of this act shall continue to hold office until the appointment and qualification of the managers herein pro vided to be appointed, when their respec tive terms of office shall expire. Sec, 3. -This act shall take effect imme- ^State' of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct' transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary of State. same premises conveyed to George' F. Mitchell, by deed, dated February ninth, eighteen hundred and fifty-three, and re corded in Kings county register ’ s office, iri liber three hundred and fifteen of con veyances, page two hundred and six, on March eighteenth, eighteen hundred and: fifty-three, and of which the said George F. Mitchell died seized and intestate of, is hereby granted, conveyed and released to Mary Fritschler, formerly Mitchell, .and to her heirs and assigns forever. Sec. 2. Nothing herein contained shall be construed to impair, release or dis charge any right, claim or interest Of any heir-at-law, devisee or grantee, purchas er or creditor by judgment, mortgages or otherwise in and to said premises or any part thereof. Sec. 3. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in. this ’ office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, -Secretary of State. LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 252. AN ACT to amend the town law, relat ing to balloting. Became a law April 8, 1895, with the approval of .'the Governor. 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 thirty-eight of chap ter five hundred and sixty-nine of the laws of eighteen hundred and ninety, known as the town law, is hereby amend ed so as to read as follows: Sec. 38. Balloting. — When the electors vote by ballot, all the officers -voted for, except commissioners of excise, shall be named in one ballot, which shall contain written or printed, or partly written and partly printed, the names of the persons voted for, and the offices to which such persons are intended to be elected, and shall be delivered to the presiding offi cers so folded as to conceal the contents, and shall be deposited by such officers in a box, to be constructed, kept and disposed of, as near as may be, in the , manner prescribed in the general elec tion law. Commissioners of excise shall be voted for upon a separate ballot, which shall be deposited in a separate box marked “ excise. ” When any town shall have within its limits an incorporated village, constituting a separate road dis trict, exempt from the supervision' and control of the commissioners of high ways iof the town, and from payment of any s tax for the salary or fees of® said commissioners, and from payment of any tax for the opening, erection, mainte nance and repair of any highway or bridge of said town, without the limits of said village, no residents of such vil lage shall vote at any annual or special election in such town for any commis sioner of highv/ays for said town, nor for or against any appropriation for the opening, laying out, maintenance, erec tion or repair, of any highway or bridge in said town without the limits of said village. At the annual elections in such towns, the names of candidates for the office of highway commissioner shall be printed on a different ballot from the one containing the names of candidates for other town offiqes. Such ballots shall be indorsed “ commissioner of highways, ” and shall be deposited, when voted, in a separate ballot-box, which also shall be marked “ commmissioner of - high ways. ” Such ballots and ballot-boxes shall be furnished by the officers now charged by law with that duty at town elections. A poll-list shall be kept by the clerk of the meeting on which shall be entered the name of each person vot ing by ballot. Sec. 2. This act shall take effect imme- 3 lately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcriot therefrom and of the whole of said original law. JOHN PALMER, . Secretary of State. LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 266. AN ACT to amend chapter one hundred and thirty of the laws of eighteen hun dred and ninety-three, relating to the term of office of supervisors in coun ties containing upward of three hun dred thousand and less than six. hun dred thousand ’ inhabitants. Became a law April 8, 1895, with ■ the approval of the Governor. Passed, three-fifths 'being present. The People of the State of New York, represented in Senate and Assembly, do sr.act as follows: Section 1. Section one of chapter one hundred and thirty of the laws of eigh teen hundred and ninety-three, entitled “ An act to provide for a uniform term of office for supervisors in towns and cities in the counties of this State con taining upward of three hundred thou sand and less than six hundred thousand , . inhabitants, ” is hereby amended to read -• ! as follows: Sec. 1. In each of the counties of this State containing over three hundred thousand inhabitants and less than six hundred thousand inhabitants as now ap pears or as may hereafter appear by the latest federal or State enumeration of inhabitants, and within which is, or may be, a city divided into wards from which supervisors are elected for a long er term than one year, the term of office of supervisors of the respective tov/ns shall be as long as the term of office of the city supervisors. The terms of office of all such supervisors shall begin on the first day of January next succeeding their election. Sec. 2. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN PALMER, Secretary' of State. LAWS OF NEW YORK — By- Authority. (Every law, unless a different time shall oe prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 271. AN ACT conferring jurisdiction upon the board of claims to hear, audit 'arid de- i termine the claims of Frances M. Ham- i iltcn and others against the State and i to make awards therefor. Became a law April 10, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do Bnact as follows: Section 1. Jurisdiction is hereby con ferred upon the board of claims to hear, audit and determine the claims of Fran ces M. Hamilton, William T. Hamil ton, Edward Kanaley, Eugene Hughes and Lewis P. Mason, their representa tives and assigns, against the state of New York fori damages caused by the laying and maintaining of a salt w:ater pipe or conductor over and upon the lands and property of claimants, in the town of . Salina and city of Syracuse, in the county of Onondaga; also the claims of Eva L. Warner, Michael Hied, Henry Schlosser, Edward Lynch, William Doyle, -John Mickler and John Hess, their representatives and assigns, against the state of New York, for damages aris ing from the overflow of Bloody brook, alleged to have been caused by the fill- LAWS OF NEW YORK. — By Authority, ing up of the culvert under the Oswego (Every law, unless a different time shall j canal in the town of Salina in said coun- be prescribed therein, shall not take ef- i ty, and to make awards on all said feet until the twentieth day after it shall j claims as though the same had been filed have become a law. Section 43, article within the time now provided by .law. II, chapter 8, General Laws.) ! Sec. 2. From the award or awards of CHAP. 267. -( the commissioner of claims, Upon the AN ACT to amend the code of civil pro- claims hereinbefore described, if the LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 253. AN ACT to amend chapter one hundred and eighty-seven of the laws of eigh teen hundred and eighty-one, entitled “ An act to provide \ for the establish ment of a house of refuge for women. ” Became a law April 6, 1895, with the approval of the Governor. 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 two of chapter one hundred and eighty-seven of the laws of eighteen hundred and eighty-one, enti tled “ An act to provide for the estab lishment of a house of refuge for wo men, ” is hereby amended so as to read as follows: Sec. 2. It shall be the duty of the gov ernor within thirty days after the pas sage of this act by and with the advice and consent of the senate tq appoint six residents of the State to constitute a board of managers of said house of ref uge, two of whom shall'be women and another of whom shall be a physician who shall have practiced his profession, for not less than ten years, and who shall have been graduated from some regularly incorporated medical school or college within the State of New York. Said managers shall hold office for one, two, three, four, five and six years re spectively, as shall be indicated by the governor oh making such appointments; and thereafter all appointments, except to fill vacancies in said board, shall be cedure. Became a lav/ April 8, 1895, with the approval of the Governor. 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 forty-six of article first, title two, of the code of civil pro cedure is hereby amended so as to read as follows: Sec. 46. Judge not to sit when he is a party, et cetera, or has not heard argu ment. — A judge shall not sit as such in, or take any part in the decision of, a cause or matter to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affin ity to any party to the controversy with in the sixth degree. The degree shall be ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. But a judge of the court of appeals shall not be disqualified from taking part in the decision of an action or special proceeding in which an insur ance company is a party or is interested, by reason of his being a policy-holder therein. A judge other than a judge of the court of appeals, shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge. Sec? 2. This act shall take effect imme diately. State of New York, Office of the Secre tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. . JOHN PALMER, Secretary of State. amount in controversy exceeds five hun dred dollars, either party may appeal to the court of appeals, provided such ap peal be taken by service of a notice of appeal within thirty days after service of a copy of the award. Sec. 3. This act shall take effect imme-' iiately. State of New York, Office of the Pecre-. :ary of State, ss. : I have compared the Dreceding with the original law on file in :his office, and do hereby certify that the same is a correct transcript therefrom ind of the whole of said original law. JOHN PALMER, v Secretary of State. LAWS OF NEW YORK. — By Authority. (Every la^y, unless a different time shall be prescribed therein, shall not take ef fect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.) CHAP. 268. AN ACT to release to Mary Fritschler, formerly Mitchell, all the right, title and interest of the people of the state of New York in and to certain real estate in the city of Brooklyn, county of Kangs and state of New York. Became a law April 8, 1895, with the approval of the Governor. Passed, by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. All the estate, right, title and interest of the people of the state\ of New York of, in and to all that certain lot of land situate in the eighth ward of the city of Brooklyn on the easterly side of Twenty-second street, bounded and described as follows, viz. : Beginning at a point on the easterly side of Twenty- second street, distant two hundred feet southerly from the southeasterly corner of Fourth' avenue and Twenty-second street, apd running thence southeasterly along the easterly side of Twenty-Second street twenty-five feet; thence northeast-, erly and parallel with the Fourth ave nue one hundred feet; thence northwest erly arid parallel with Twenty-second street twenty-five feet, and thence south westerly ' and parallel with the Fourth avenue one hundred feet to the place of beginning. Said lot'being known as com-, prising, lot known as number four huri- dred and thirty-nine on the map of the Story farm, and a portion of lot number three in block number twenty-four, on .the map of the Bennett farm. Being the LAWS OF NEW YORK. — By Authority. (Every law, unless a different time shall ae prescribed therein, shall not take ef fect until the twentieth day after it shall oave become a law. Section 43, article [I, chapter 8, General Laws.) CHAP. 273. AN ACT to amend the consolidated school law. Became a law April 10, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follow's: Section 1. Section ten of article two of title eight of chapter five hundred and . fifty-six of the laws of eighteen hundred and ninety-four, entitled “ An act to re vise, amend and consolidate the general acts relating to public instruction, ” is hereby amended to read as follows: Sec. 10. A majority of the voters of any union free school district, other than those whose limits correspond with an incorporated city or village, present at any annual or special district meeting, duly convened, may authorize such acts . and vote such taxes as they shall deem - expedient for making additions, alter ations or improvements to or in the sites or structures belonging to the district, or for the purchase of other sites or structures, or for a change of sites, or for the erection, of new buildings, or for buying apparatus or fixtures, or for pay- - ing the wages of teachers and the neces sary expenses of the school, or for such other purpose relating to the support and. welfare of the school as they may, by resolution, approve; the designation of a site or sites by the district meeting shall be by written resolution contain ing a description thereof by. meter and bounds, and such resolution must re ceive a majority of the votes of the qualified voters present and voting at said meeting, to be ascertained by tak ing and recording the ayes and noes. On all propositions arising at said meet ings involving the expenditure of money, or authorizing the levy of a tax or taxes in one sum or by installments, the vote thereon shall be by ballot, or ascertained by talcing and recording the ayes and noes of _ such qualified voters attending and voting at such meetings; and they may direct the moneys so voted to he levied in one sum, or by installments, but no addition to or change of site or purchase of a new site or tax for the ■ purchase of any new site or structure, , or for the purchase of an addition to. the site of any schoolhouse, or for building any new schoolhouse, or for the erection of an addition to any schoolhouse al ready-built, shall be voted at any such meeting unless a notice by the board of education stating that such tax will be proposed, and specifying the. amount and object thereof, shall have been published -once in each week for the four weeks next preceding such district meeting, ; in , two newspapers/ if there shall be two, or in one newspaper if there shall be but one, published iri such district. But if no newspaper shall then be published i t $0 V . . -■ - - v-M! IM& P: p:
