poses of this act, to indorse his approval thereon and file the same in his office. affect § 6. Nothing in this act shall affect in any way the disposition of Not to any portion of said canal or said extension heretofore made according vested to law, except to complete the same, or in any way interfere with or rights. prevent a disposition and removal of the material of the locks, culverts, aqueducts, bridges and other appurtenances of said canal and said extension, not herein in any manner disposed of, as provided by chapter four hundred and four of the laws of eighteen hundred and seventy-seven and the acts amendatory thereof. And provided that no Not to part of such canal shall be taken by this act from the State, nor any of rights of the reservoirs thereon, which reservoirs are necessary to provide water State for the use of the Erie canal or where such canal is necessary to convey to Erie such water from the reservoirs to said Erie canal. § 7. All acts and parts of acts inconsistent with this act are hereby repealed. § 8. This act shall take effect immediately. CHAP. 552. affect necessary canal. AN ACT to authorize the issue of certain bonds and stocks New York of the city of New York exempt from taxation. PASSED June 9, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: City. When sioners of may direct SECTION 1. The commissioners of "the sinking fund of the city of New York, for the redemption of the city debt," when duly author- commisized by ordinance of the common council may, by concurrent resolu- sinking tion, direct that the bonds and stocks of said city, hereafter issued fund pursuant to law, shall be exempt from taxation by said city, and by bonds, the county of New York, but not from taxation for State purposes; city to be and all bonds and stocks issued pursuant to such authority shall be exempt exempt from taxation accordingly; provided that said bonds and stocks ation for shall not bear interest exceeding the rate of four and one-half per city purcentum per annum. etc., of from tax poses. express on the § 2. The bonds and stocks of the city of New York, issued pursuant Bonds to to the provisions of this statute, shall express upon their face the fact fact of that they are exempt from taxation by the city and county of New exemption York, but not from State taxation, and shall refer to this act, and to face. the ordinance of the common council, and the resolution of the commissioners of the sinking fund authorizing their issue. § 3. This act shall take effect immediately. CHAP. 553. Manner of AN ACT to amend title four, chapter six, part one of the Revised Statutes, entitled "of the manner of conducting conducting elec tions. Sub. 1, sec. 9, art. 2, elections." PASSED June 9, 1880; 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 nine of article two, title title 4, ch. four, chapter six, part one of the Revised Statutes, entitled "of the manner of conducting elections," is hereby amended so as to read as amended. follows: 6 of the R. S., Names on ballots indorsed "State.' "Judiciary." County," or "city and county." Sec. 24, art. 3, 1. The names of all persons voted for by any elector at any election, in whose election all of the voters of the State have the right alike to participate, except electors of president and vice-president and chief judge and associate judges of the court of appeals, shall be upon one ballot, which ballot shall be indorsed "State." The names of all persons voted for by any elector at any election for chief judge and associate judge of the court of appeals, justices of the supreme court, county judge, separate officers to perform the duties of surrogate, local officers to perform the duties of county judge and surrogate, and all other judges or justices, except such as are elected in and for a district which comprises less than an entire county (or city whose boundaries are coterminous with those of a county), shall be upon one ballot, which ballot shall be indorsed "Judiciary." The names of the persons voted for by any clector at any election for any local office, in whose election all of the voters of a county have the right alike to participate, except representatives in congress, senators and members of assembly, shall be upon one ballot, which ballot shall be indorsed County," but where the boundaries of a city and county shall be coterminous then all city or county officers in whose election all the voters of said city and county have the right alike to participate, except judges or justices as aforesaid, shall be upon one ballot, which ballot shall be indorsed "City and County" § 2. Section twenty-four of article three of said title is hereby and amended so as to read as follows: Ballot boxes Acts repealed. 24. At each annual and special election the inspectors shall provide and keep a box in which all ballots required to be indorsed "State" as directed in the ninth section of this title, shall be deposited; also, a box in which all ballots which are required by said ninth section to be indorsed "Judiciary," shall be deposited; also, a box in which all ballots which are required by said ninth section to be indorsed "County," or "City and County," shall be deposited; also, in the proper counties, a box in which all ballots which are required by said ninth section to be indorsed "Assembly," shall be deposited; also, a box in which all ballots which are required by said ninth section to be indorsed "Senate," shall be deposited; also, a box in which all ballots which are required by said ninth section to be indorsed" Congress," shall be deposited. At any election at which any officers are to be voted for upon ballots not otherwise in this section provided for, there shall be provided as many additional boxes as there are additional kinds of ballots required. § 3. So much of chapter six hundred and seventy-five of the laws of eighteen hundred and seventy-two, entitled "An act in relation to elections in the city and county of New York and to provide for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage thereat," as is inconsistent with the provisions of this act, and all other acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 4. This act shall take effect immediately. Ante, vol. 1, pp. 126 and 129. CHAP. 554. AN ACT to facilitate the collection of judgments against Collection counties, towns, cities and villages. PASSED June 9, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of judgments common etc., to amount to SECTION 1. If a final judgment for a sum of money, or directing Duty of the payment of money shall have been, or shall hereafter be recovered council, against any county, town, city or incorporated village within this trustees, State, and the same remains, or shall hereafter remain unpaid, and the levy execution thereof is not, or shall not be stayed as required by law, or pay final if so stayed, the stay has expired, or shall hereafter expire, it shall be judgment. the duty of the board of supervisors, if the judgment is, or shall be, recovered against a county or town, or of the common council of the city, or the board of trustees of the village, if the judgment is, or shall be, recovered against a city or an incorporated village, and the said board of supervisors, common council, or board of trustees is hereby empowered to assess, levy, and cause to be collected at the same time and in like manner as other moneys for the necessary expenses of the county, town, city or village, as the case may be, are then next thereafter to be assessed, levied and collected, and in addition to the moneys Levy to be now authorized by law to be assessed, levied and collected for that tion to purpose, a sum of money sufficient to pay the said judgment with the amount interest thereupon, and the fees and expenses chargeable by law upon ized by the execution, if any, issued to collect the same. The moneys so as- sessed and levied as soon as collected and paid to the proper receiving Money to and disbursing officer or officers, or so much thereof as may be neces- judgment sary, shall, from time to time, be paid by him or them to the judgment creditor, administrator, or assignee, or other person entitled to receive the same by reason of the said judgment, without any deduction for his or their fees or commissions. in addi author law. be paid to creditor. amount § 2. No restriction or limitation imposed by law as to the sum to be Limitation raised in any year in any city or village shall apply to the moneys to as to be raised for the purposes specified in the last preceding section; but the said moneys shall be raised in addition to any sum so restricted or limited. shall apply to moneys to be raised under this §3. In the city of New York the powers and duties devolved upon act. the common council of a city by the first section of this act shall be exercised by the board of estimate and apportionment. 4. This act shall take effect immediately. CHAP. 556. New York AN ACT relating to certain local improvements in the city of City. Comp. troller to inquire New York. PASSED June 10, 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 comptroller of the city of New York is hereby authorized to inquire into the facts and circumstances under which the contracts for the following works of local improvements were made which cer- and entered into by said city, namely: For regulating, grading and into facts under tain con tracts were let The contracts. setting curb and gutter stones and flagging sidewalks in Eighth avenue, from the center of Fifty-ninth street to the center of Seventyseventh street; from the center of Eighty-first street to the center line of One Hundredth street, and from the center of One Hundredth street to the center line of One Hundred and Twenty-second street; in One Hundred and Twenty-third street from Eighth avenue to New avenue; in One Hundred and Fourth street from Fifth avenue to the East river; in One Hundred and Thirty-fifth street from Eighth avenue to the Harlem river; and in Ninth avenue from Eighty-sixth street to One Hundred and Tenth street; for forming outlet sewer in Seventeenth street from Hudson river to and through Eleventh avenue and Twenty-third street to near Tenth avenue and in Seventeenth street; from Eleventh avenue to and through Tenth avenue, to Fourteenth street with branches; for forming outlet sewer in One Hundred and Eighth street from Hudson river to Boulevard, to One Hundred and Tenth street, to Tenth avenue with branches in Boulevard, One Hundred and Fourth and One Hundred and Seventh streets; for paving Thirtieth street between First avenue and East river; for paving Second avenue between Eighty-sixth and One Hundred and Twenty-fifth streets; and for paving Madison avenue between Forty-second and Eighty-sixth streets, and if satisfied that the several contracts relating to the said respective improvements were made and entered into by the parties thereto with the intent and understanding that the city was to charge and receive interest on the various payments made on account thereof from the date of payment to the date of the completion of the work, and not to the date of the confirmation of the assessment, and that the said several contracts were made and entered into in good On being faith, and that the rates and prices therein charged were fair and rea satisfied that prices were rea sonable shall adjust interest account and pay sonable, he shall, on being so satisfied, ascertain and determine the amount of interest at the rate specified in said respective contracts on the several payments made by the city on account of the work under each contract as the same progressed from the date of the respective payments to the date of the completion of the work, and the difference between the amount so ascertained and determined and the difference. amount charged and retained by the city against the said contracts respectively, as interest on the several payments from the date of each payment to the date of the confirmation of the assessment shall be paid by the city to the respective contractors or their representatives, with interest from the date of the completion of the work, under the respective contracts as aforesaid. To ascertain §2. The said comptroller shall ascertain and determine the date or duties, but dates upon which the said contracts for regulating and grading and for which setting curb and gutter stones and flagging sidewalks in Eighth ave- for delay, nue, but for delays caused for which the contractors were not respon- contractsible, would have been completed, and the date or dates so determined, ors were independent of any certificate, shall be taken to be the time the sponsible, work under said respective contracts was completed, and to which when coninterest on the payments as aforesaid is to be charged against the would contracts. not re tracts have been perform est to be for during time city § 3. In determining the amount of interest to be charged against ed. the respective contracts specified in the first section of this statute, the No intersaid comptroller shall have exclusive and final power to inquire into charged the facts and ascertain if the work under the said contracts, or either of them, was delayed by the acts of the city, its officers or agents, and was reif in his opinion there was such delay, then during the continuance of for delays. such period of delay as he shall certify, no interest shall be charged against the contracts. sponsible, issue to § 4. To provide for the payments by this statute authorized, the Revenue comptroller is authorized to issue revenue bonds of said city in antici- bond to pation of the taxes of the city for the year eighteen hundred and provide for eighty-one. payment. ments for § 5. All assessments hereafter imposed for local improvements in Assesssaid city shall be made by the board of assessors on the following cer- local imtificates to wit: prove ments. contain. 1. The head of the department charged with the execution of the what cerwork in question shall certify to the said board of assessors the total tificates to amount of all the expenses which shall have been actually incurred by the mayor, aldermen and commonalty of the city of New York on account thereof. 2. The comptroller shall certify to the said board of assessors the Ia. amount of the interest, at the legal rate, upon the several installments advanced or payments made on account of such work, from the time of such payment or advance by the city, to a day sixty days after the date of such certificate. Thereafter the said board of assessors shall assess upon the property benefited, in the manner now authorized by law, the aggregate amount of such certificates, or such proportio thereof as is now authorized by law, and the said board shall not in any way be enjoined, restrained, hindered or delayed in the performance of this duty, provided that nothing herein contained shall be construed to affect the existing powers of the board for the revision and correction of assessments. improve proceeded § 6. All contracts for local improvements in said city now in course Contracts of execution shall be proceeded with and completed pursuant to the for local terms of said contracts, respectively, and the expense of such improve- ments to be ments shall be assessed upon the property benefited as in the preceding with. section specified. The time for completing the work under the said contracts, respectively, in all cases where the time allowed by the contract for completing the same has not expired, is hereby extended sixty days; and in all cases where the time has expired the same is hereby extended for sixty days from the date of the passage of this act. § 7. This act shall take effect immediately. |