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CHAP 49.

ch. 69,

of taxes,

AN ACT to amend chapter sixty-nine of the laws of eighteen Tax.

hundred and fifty-three, entitled “An act extending the time for the collection of taxes when stayed by injunction or otherwise."

PASSED June 9, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section one of chapter sixty-nine of the laws of eigh- Amending teen hundred and fifty-three, entitled “ An act extending the time for Laws 1853. the collection of taxes when stayed by injunction or otherwise,” is hereby amended so as to read as follows:

8 1. In all cases where proceedings for the collection of taxes are Collection by injunction or order or other proceeding of a court of record, when stayed or suspended before the time allowed by law for the collector's stayed by:

injuncreturn, or in case such collection shall be so stayed by several or suc- tion. cessive orders, injunctions or proceedings, the collector shall make his return at the time appointed by law of such portion of such taxes as have been collected by him, if any, and set forth the facts of such stay or suspension, and the collector or other officer having a warrant or process for the collection thereof, if the stay or suspension commenced within thirty days from the time of the receiving of the warrant by him, may, within sixty days, or if the stay or suspension shall not have commenced within thirty days from the time of the receiving of the warrant by him, may, within thirty days after such stay or suspension of proceedings is terminated or removed, or in case of several or successive stays or suspensions then after the termination or removal of the last thereof, and notwithstanding the period for the collection of such taxes under such warrant or process may have expired, and notwithstanding the term of office of such collector holding such such * warrant may have expired, proceed in the same manner and with the same effect to collect the same as if his warrant or process were still in force, and the same shall be deemed in full force and . effect for such purposes.

$ 2. Any collector of taxes who shall at the time of the passage of this act hold a warrant duly issued to him for the collection of taxes upon which proceedings shall have been stayed or suspended in the manner stated in the last section, and which stay or suspension shall be removed, may proceed to collect the taxes which shall remain uncollected thereon in the same manner and within the same time, as is provided after the termination or stay in the last section such time to commence at the date of the passage of this act.

83. This act shall take effect immediately. Ante, vol. 3, p. 353.

* So in the original.

CHAP 508.

ch. 254,

Lessees of railroad may ac

stock

Railroads,

AN ACT to amend chapter two hundred and fifty-four of the

laws of eighteen hundred and sixty-seven, entitled “ An act in relation to railroads held under lease."

PASSED June 12, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and fifty-four of Amending

the laws of eighteen hundred and sixty-seven, entitled “An act in rela. Laws 1867. tion to railroads held under lease,” is hereby amended so as to read as

follows:

§ 1. Any railroad corporation created by the laws of this State, or its successors, being the lessee of the road of any other railroad corpo

ration, may take a surrender or transfer of the capital stock of the quire

stockholders, or any of them in the corporation whose road is held untherein.

der lease, and issue in exchange therefor the like additional amount of its own capital stock at par, or on such other terms and conditions as may be agreed upon between the two corporations; and whenever the greater part of the capital stock of any such corporation shall have been so surrendered or transferred, the directors of the corporatior taking such surrender or transfer shall thereafter, on a resolution electing so to do, to be entered on their minutes, become ex officio the directors of the corporation whose road is so held under lease, and shall manage and conduct the affairs thereof, as provided by law; and whenever the whole of the said capital stock shall have been so surrendered or transferred, and a certificate thereof filed in the office of the secretary of State, under the common seal of the corporation to whom such surrender or transfer shall have been made, the estate, property, rights, privileges and franchises of the said corporation whose stock shall have been so surrendered or transferred, shall thereupon vest in and be held and enjoyed by the said corporation, to whom

ch surrender or transfer shall have been made, as fully and entirely, and without change or diminution, as the same were before helů and enjoyed, and be managed and controlled by the board of directors of the said corporation, to whom such surrender or transfer of the said stock shall have been made, and in the corporate name of such corporation. The rights of any stockholder not so surrendering or transferring his stock, shall not be in any way affected hereby, nor shall existing liabilities or the rights of creditors of the corporation, where stock shall have been so surrendered or transferred, be in any way affected or impaired by this act.

$ 2. This act shall take effect immediately,
Ante, vol. 7, p. 79.

CHAP 504.

ch. 908

between

rear.

AN ACT to amend chapter nine hundred and eight of the Tenement

laws of eighteen hundred and sixty-seven, entitled “An houses act for the regulation of tenement and lodging-houses in the cities of New York and Brooklyn."

PASSED June 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section thirteen of chapter nine hundred and eight of Amending the laws of eighteen hundred and sixty-seven, entitled "An act for Laws 1867. the regulation of tenement and lodging-houses in the cities of New York and Brooklyn," is hereby amended so as to read as follows:

§ 13. It shall not be lawful hereafter to erect for, or convert to, the Spaces purposes of a tenement or lodging-house, a building on any lot where

buildings. there is another building on the same lot, unless there is a clear open space exclusively belonging thereto, and extending upwards from the ground of at least ten feet between said buildings, if they are one story high above the level of the ground; if they are two stories high, the distance between them shall not be less than fifteen feet; if they are three stories high, the distance between them shall be not less than twenty feet; ai if they are more than three stories high, the distance between them shall be not less than twenty-five feet. At the rear of Space at every building hereafter erected for or converted to the purposes of a tenement or lodging-house on any lot, there shall be a clear, open space of not less than ten feet between it and the rear line of the lot. But when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the board of health. No one continuous building Limits as shall be built or converted to the purposes of a tenement or lodging- tion COUPE house in the city of New York upon an ordinary city lot, to occupy more than sixty-five per centum of the said lot, and in the same proportion if the lot be greater or less in size than twenty-five feet by one hundred feet; but this provision shall not apply to corner lots, and may be modified in other special cases by a permit from the board of health.

§ 2. The fourteenth section of the said act is hereby amended so as to read as follows:

$ 14. In every such house hereafter erected or converted, every construchabitable room, except rooms in the attic, shall be in every part not tion of less than eight feet in height from the floor to the ceiling; and every habitable room in the attic of any such building, shall be at least eight feet in height from the floor to the ceiling, throughout not less than one-half the area of such room. Every such room shall have, at least, one window, connecting with the external air, or over the door a ventilator of perfect construction, connecting it with a room or

occupa Over

hall which has a connection with the external air, and so arranged as to produce a cross-current of air. The total area of window or windows in every room communicating with external air, shall be at least one-tenth of the superficial area of every such room ; and the top of one, at least, of such windows shall not be less than seven feet and six inches above the floor, and the upper half, at least, shall be made so as to open the full width. Every habitable room of a less area than one hundred superficial feet, if it does not communicate directly with the external air, and is without an open fire-place, shall be provided with special means of ventilation by a separate air-shaft extending to the roof, or otherwise, as the board of health may prescribe. But in all houses hereafter erected or converted in the city of New York, which shall be used, occupied, leased or rented for a tenement or lodging-house, every room used, let or occupied by any person or persons for sleeping, shall have at least one window, with a movable sash, haring an opening of not less than twelve square feet, admitting light and air directly from the public street or the yard of the said house, unless sufficient light and ventilation shall be otherwise provided, in a manner and upon a plan approved by the board of health.

§ 3. Whenever it shall be certified to the board of health of the city crowding. of New York, by the sanitary superintendent, that any tenement-house

or room therein is so overcrowded that there shall be afforded less than six hundred cubic feet of air to each occupant of such building or room, the said board may, if it deem the same to be wise or necessary, issue an order requiring the number of occupants of such building or room to be reduced, so that the inmates thereof shall not esceed one person to each six hundred cubic feet of air-space in such building or room. Such excess in the number of occupants shall be reduced to the standard hereby designated within ten days after the service of an order therefor upon the owner, lessee, occupant, or agent of such building or room. Whenever there shall be more than ten families living in any tenement-house, in which the owner thereof does not reside, there shall be a janitor, housekeeper, or some other responsible person, who shall reside in the said house and have charge of the same, if the board of health shall so require.

84. The board of estimate and apportionment of the city of New York shall, within twenty days after the passage of this act, transfer from any unexpended balances standing to the credit of any department of said city, or shall otherwise provide, and shall annually hereafter appropriate to the credit of the health department, the sum of ten thousand dollars, to be known as The Tenement House Fund, to be expended by the board of health.

$ 5. The board of police of the city of New York, upon the requisition of the board of health of the city of New York, shall detail to

the service of the said board of health, for the purpose of the enforcebyen.499

, ment of the provisions of this act, and of chapter nine hundred and

eight of the laws of eighteen hundred and sixty-seven, in the said city, post, p.

not exceeding thirty suitable officers and men of experience, of at least five years' service in the police force, provided that the board of health shall pay monthly to the board of police a sum equal to the pay of all officers and men so detailed. These officers and men shall belong to the sanitary company of police, and shall report to the president of the board of health. The board of health may report back to the board of police for punishment any member of said company guilty of any breach of orders or discipline, or of neglecting his duty,

Tenement house fund.

Detail of police to enforce act. Amended

L. 1880,

1008.

and thereupon the board of police may detail another officer or man in his place; and the discipline of said members of the sanitary company shall be in the jurisdiction of the board of police; but at any time the board of health may object to the efficiency of any member of said sanitary company, and thereupon another officer or man may be detailed in his place.

$ 6. Every owner or other person violating any provision of this act Penalty. shall be liable to pay a penalty of ten dollars for each and every day that such offense shall continue. Such penalty may be sued for and recovered by the board of health, and when recovered shall be paid over to the city chamberlain, and become part of the Tenement House Fund. In every proceeding for a violation of this act, and in every such action for a penalty, the owner shall be prima facie the person liable to pay such penalty, and after him the person who is the lessee of the whole house, in preference to the tenant or lessee of a part thereof. In

any such action the owner, lessee and occupant, or any two of them, máy be made defendants ; and judgment may be given against the one or more shown to be liable as if he or they were the sole defendant or defendants.

9.7. This act shall take effect immediately.

CHAP 505.

mortgages

ure of mortgages

consolidated rail

AN ACT to facilitate the foreclosnre of mortgages made by Railroad

consolidated railroad companies of railroads lying partly within and partly without this State.

PASSED June 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever a railroad corporation whose line of road lies Foreclospartly in this State and partly in another State or States, which corporation shall have been created by the consolidation of a railroad cor- made by poration of this State with a railroad corporation or corporations of another State or States, shall have executed a mortgage upon its entire roads lying

only line of railroad, and a sale of the entire line of road under such mort- partly in gage shall have been or may hereafter be ordered, adjudged and decreed the State. by a court of competent jurisdiction of the State or States in which the greater part of such line of railroad may be situated, upon the confirmation of such judgment or decree,and of the sale made thereunder, by the supreme court of this state in the judicial district in which some part of such line of road is situated, such sale shall operate to pass title to the purchaser of that part of the line of railroad lying in this State, together with its appurtenances and franchises, with the same force and effect as if the judgment or decree under which such sale is had had been made by a court of competent jurisdiction of this State. Such judgment or decree and sale may be so confirmed in any action now pending, or that may hereafter be brought in the said supreme court, for the foreclosure of such mortgage or in aid of an action for that purpose pending in such other State, if it shall appear that such confirmation is for the interest of the public and of the parties, due and lawful provision being made for and in respect of any liens upon that part of the line of road or other property sold situate in this State

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