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estate which is or shall be subject to her dower, in order that such dower right may be satisfied by the payment to such committee of a gross sum in lieu thereof. Such petition shall set forth the particulars as to the amount of such personal estate ; the estimated value of such dower right, and an account of the debts and demands existing against such widow, or against her estate, together with such reasons as may exist for making the application. If, upon the presentation of such petition, the court shall become satisfied that the representations and allegations therein contained are true, it may in its discretion make an order granting the prayer of such petitioner for the authority herein specified. The consent to accept a sum in lieu of dower, required by the first section of the act hereby amended, may be executed and acknowledged by the committee of any such lunatic or insane doweress; and when so executed and acknowledged by such committee, shall be as effectual as if the same had been done by such doweress in person while of sound mind. The gross sum of money, in satisfaction and lieu of such dower, shall be paid to such committee upon giving such further security therefor as the court may require. And such committee shall account for such money so received by him as if the same had originally formed a part of the personal estate of such lunatic or insane widow.

Ante, vol. 7, p. 771. The act of 1870 was repealed by ch. 245, ante. See Co. Civ. Proc., SS 2348-2363.

CHAP 498.

To furnish

Superin.o AN ACT defining the powers and duties of the superintendpublic

ent of public works. works.

PASSED May 28, 1880; 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 works shall have the materials power, and it shall be his duty, to provide all necessary tools, mateand labor rials and labor for the repair and navigation of the canals, and for the

.

construction and improvement of the canals. The superintendent shall make payment monthly for all tools, materials and labor provided by him for account of the canals; payment therefor shall be made on or before the fifteenth of every month for tools, materials and

labor provided for the preceding month. May sub- 8 2. The superintendent of public works shall have the power to didivide and vide the canals into such subdivisions or sections as he may deem advisand regu- able, and make all necessary rules and regulations for the government

of all ernployees engaged by him in the repair and navigation of the canals, and in the construction and improvement of the canals, also all necessary rules and regulations to provide for the payment for tools, materials and labor, and to fix the compensation for the services of all officers and employees appointed by him when the salary is not fixed by law. The schedule of prices when fixed shall be filed with the

auditor of the canal department. Pay-roll. § 3. As soon as practicable after the first day of each month and in

time to make payment on or before the fifteenth thereof, the superintendent of public works shall prepare a 'pay-roll by sections, stating the number of the section-length; the name of each employee; the

number of days' labor performed by each; the price per day or month; team work, with the price per day for team and driver, with the gross amount due to each opposite his respective name, which, with all bills for tools and materials purchased and delivered the preceding month, shall be presented to the auditor of the canal department, duly certified to be correct by the superintendent of public works. On presentation of such pay-rolls and bills for purchase of tools and materials, the auditor of the canal department shall pay to the superintendent of public works, on his warrant, the money to make payment for the tools, materials and labor provided by him for the use of the canals the preceding month. The auditor of the canal department shall possess and exercise the same power and authority in advancing money and settling with the superintendent of public works for tools, materials and labor provided by him as is now vested in him by law, in settling and closing accounts with superintendents of canal repairs. All original bills for the purchase of tools and materials, when signed by the parties from whom the purchases were made, with the section pay-rolls duly signed by each employee opposite his respective name, shall be filed in the office of the auditor of the canal department, and duplicates thereof shall be filed in the office of the superintendent of public works.

4. When construction or improvement work shall be ordered by the legis- Construclature or canal board to be done upon any of the canals of this State, the State improveengineer and surveyor shall make, or cause to be made, all surveys, maps, plans, ment specifications and estimates that may be required by the canal board, or by the work. superintendent of public works, to determine the proper location of the line of the canal, or any portion thereof, or that may be necessary preparatory to commencing any work of construction or improvement; and shall transmit a State copy thereof to the superintendent of public works, and to the canal board engineer with his approval indorsed thereon. On obtaining thereon the certificate of apdosure adoption of the canal board, he shall file the same in his office, and a copy act with thereof in the office of the superintendent of public works. Whenever the superint

: superintendent of public works shall require the services of an engineer upon any when portion of the canals undergoing repairs, or upon any construction or improve- required. ment work, the superintendent of public works may call upon the State engineer and surveyor for the assignment of an engineer. It shall be his duty to make such assignment upon such requisition. The State engineer and surveyor shall perform all such duties in relation to the repair of the canals and in the construction and improvement of the canals as shall be required by the superintendent of public works.

$ 5. The superintendent of public works shall have full power to make and Power of promulgate all needful rules and regulations for the safe and speedy naviga- tendent to tion, and for the protection and maintenance of the canals and the structures make rules thereof. The superintendent of public works, his deputies, superintendents and reguor foremen of sections and lock-tenders appointed by him shall possess all the statutory power now possessed by superintendents of canal repairs and locktenders, and may arrest, anywhere within the jurisdiction of their office, all offenders under this section, and convey and deliver them to the proper officers or magistrates, to be proceeded against according to law, and when it shall be necessary the said officers are hereby empowered and authorized to command and have the assistance of any person upon whom they may call in making such arrest.

§ 6. All laws and parts of laws in conflict with any provisions of this act are hereby repealed.

87. This act shall take effect immediately.

CHAP 496. AN ACT to amend chapter two hundred and ninety-one of the laws Villages.

of eighteen hundred and seventy, entitled “An act for the incorporation of villages.”

PASSED May 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section fifteen of title.two of chapter two hundred and ninety-one Amending of the laws of eighteen hundred and seventy, entitled “ An act for the incorpo- Can's 1870. ration of villages,” is hereby amended so as to read as follows:

cers.

Election of $ 15. Elections of elective officers of the corporation, after the first corporation off. election of officers, shall be held annually on the third Tuesday

of March, at one o'clock in the afternoon, and continue till sunset, at
such place as shall be designated by the trustees, or a majority of
them; at least six days' notice shall be given by the trustees, or a
majority of them, prior to said election, by posting notices in six con-
spicuous places in the village, by the clerk, or some one appointed by
the trustees, if there is no clerk. In case the trustees neglect to ap-
point a place, the election shall be held at the place of the last preced-
ing annual election. But any village, incorporated under the
provisions of this act, may change the date on which such election
shall be annually held to some other day, provided, however, that such
change shall not be made unless upon the written application of the
voters representing a majority of the taxable property of such village,
directed to the board of trustees of such village, requesting the said
board to submit the question of such change to a vote of the duly
qualified voters of such village; upon the presentation of such applica-
tion to such board of trustees, it shall be the duty of such board to
cause written or printed notices of such election to be posted up in at
least six conspicuous public places in such village, stating the object of
such election and the date and time on which the same shall be held,
which time shall not be less than thirty days nor more than sixty days
from the time of posting such notices. Suitable ballots for such elec-
tion shall be prepared under the direction of the board of trustees of
such village. The said board of trustees shall preside at such election,
shall canvass the votes cast, shall declare the result thereof and sball
file a certificate thereof, signed and sworn to by them, in the office of
the village clerk in such village. If a majority of all the votes cast
shall be in favor of such change to another day than that named
herein, then and in that case such annual election shall thereafter be
held in such village on the day specified by a majority of the voters of
such village.

82. This act shall take effect immediately.
Ante, vol. 7, p. 687.

CHAP 488. New York AN ACT to provide for leasing wharf property necessary for City.

ferry purposes along with the franchise of a ferry within the city of New York.

Passed May 28, 1880. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Commis- SECTION 1. The commissioners of the sinking fund of the city of sioners of New York shall hereafter possess the power, and they are hereby au•

thorized to lease, in the manner provided by law, along with the franauthorized chise of a ferry within said city, such wharf property, including

wharves, piers, bulk-heads and structures thereon, and slips, docks, and along with water fronts adjacent thereto, used or required for the purposes of franchise. such ferry, now owned or possessed, or which may be hereafter owned

or acquired by said city, or to which the corporation of said city is or may become entitled, or of which it may become possessed.

§ 2. All acts and parts of acts inconsistent with the provisions of this Excep

act are hereby repealed. Nothing in this act contained shall be held

sinking fund

wharf

tions.

to apply to that portion of the East river which has, by law, been exclusively set apart for the use of canal boats engaged in the transportation of freights in the Hudson river, coming to tide-water from the canals of the State.

8 3. This act shall take effect immediately.

CHAP 508.

AN ACT to amend chapter five hundred and twenty-two of Roads and

bridges. the laws of eighteen hundred and sixty-five, entitled “An act to amend title one of chapter sixteen of the first part of the Revised Statutes, in regard to roads and bridges and the appointment of overseers of highways.

Passed May 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section seven of chapter five hundred and twenty-two Amending of the laws of eighteen hundred and sixty-five, entitled " An act to Laws 1865. amend title one of chapter sixteen of the first part of the Revised Statutes, in regard to roads and bridges and the appointment of overseers of highways," is hereby amended so as to read as follows:

8 7. From and after the passage of this act the commissioner or Commiscommissioners of highways in each town of this State shall have the highways power, and it shall be their duty, within one week after such annual to appoint town meeting, by an instrument under their hand or hands, to be filed with the town clerk, to appoint as many overseers of highways in their respective towns as there are road districts therein, which overseer shall be a freeholder unless by petition as hereinafter provided, unless there are no freeholders in such district, to hold their office during one year; but, in making such appointment, it shall be the duty of such commissioner or commissioners to appoint such person, whether freeholder or not, in any such district, as may be suggested or nominated by a written petition, signed by residents of such district, representing three-fifths of the number of days' work assessed in such district for the next preceding year. And it shall be the duty of the town clerk to notify each overseer of his appointment, as now required by law in case of elections; and all provisions of law now applicable to overseers of highways heretofore elected under the provisions of the sections above amended shall apply to overseers of highways appointed under the provisions of this act.

8 2. This act shall take effect immediately.
Ante, vol. 6, p. 496. See ch. 791, L. 1868, ante, vol. 7, p. 344.

overseers,

CHAP 54. Supervis- AN ACT to amend chapter four hundred and eighty-two of

the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.''

PASSED May 28, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Sub-section twenty-seven of section one of chapter four Laws 1875. hundred and eighty-two of the laws of eighteen hundred and seventy

five, entitled “ Ăn act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensa

tion of supervisors,” is hereby amended so as to read as follows: Appoint- 27. To designate, upon the application of any town, duly made by

the vote of its electors at an annual town meeting, the number of highway assessors of such town as their terms expire, not to exceed three; and

the number of highway commissioners of such town, not to exceed and over- three; and the number of overseers of the poor of such town, not to the poor. exceed two; and when the number of assessors shall be reduced to

one to increase his compensation to an amount not exceeding three
dollars per diem.

82. This act shall take effect immediately.
Ante, p. 162.

ment of assessors,

commissioners

CHAP 508.

Elections, AN ACT to amend chapter eight hundred and twenty-four suffrage. of the laws of eighteen hundred and seventy-three, entitled

“An act to amend section nineteen of chapter five hundred and seventy of the laws of eighteen hundred and seventytwo, entitled • An act to ascertain by proper proofs the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter fire hundred and seventy-two of the laws of eighteen hundred and seventy-one, entitled 'An act to amend an act entitled "An act in relation to elections in the city and county of New York.'"

PASSED May 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section one of chapter eight hundred and twenty-four Laws 1873. of the laws of eighteen hundred and seventy-three, entitled “Án act

to amend section nineteen of chapter five hundred and seventy of the laws of eighteen hundred and seventy-two, entitled · An act to ascer tain by proper proofs the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and counts of New York and the city of Brooklyn, and to repeal chapter five hundred and seventy-two of the laws of eighteen hundred and seventy-one,

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