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may continue to use and operate the same during the term of the lease, upon complying with the terms, covenants and provisions of such' lease; and to that end all such leases are hereby ratified and confirmed.
§ 2. This act shall take effect immediately. See ch. 254, L. 1867, ante, vol. 7, p. 79 ; amended by ch. 503, L. 1879, ante, page 808.
Steamboats and vessels.
Runners or solicitors de
• from sell
one year, and continue the same from year to year.
New York AN ACT in relation to runners or solicitors of passengers or City.
patronage for steamers, steamboats, ships, vessels, hotels, railroads or transportation companies in the city of New York.
PASSED May 21, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. No person shall hereafter upon any street, public high
way, dock or pier, or in any park or square, in the city of New York, barred
or upon any water adjacent thereto, over which said city has jurisdicing tickets tion, solicit patronage for any hotel or inn, or passengers or patronage
for any steamer, steamboat, ship, vessel or railroad, or for any person or corporation selling or offering for sale passage tickets, or contracting or offering to contract for passage in any such steamer, steamboat, ship, vessel or railroad, without a license for that purpose first
duly obtained in accordance with the provisions of this act. Mayor $ 2. Such license may be issued by the mayor of the city of New license for York, and shall be for the period of one year from the date thereof,
and every person receiving such a license shall pay the sum of twenty dollars therefor to the said mayor, and shall also give to the mayor of said city a bond with two good and sufficient sureties in the penalty of three hundred dollars, conditioned for his good behavior and the faithful observance by him of the provisions of this act. It shall be lawful for said mayor, upon an application made prior to the expiration of said license, to renew and continue the same from year to year, provided that the applicant therefor continue in all respects qualified, as herein before provided, to hold such license, and said applicant shall, upon receiving such renewal, pay into the city treasury a further sum of twelve dollars and fifty cents per annum as a renewal fee.
§ 3. Licenses and renewals issued under the provisions of this act may be revoked at any time by the said mayor for any cause satisfac- : tory to him, such cause to be stated in writing to the person so removed at the time of the notice of his removal. No person shall receive any license under the provisions of this act who is not a citizen of the United States, and a person of good general character; such fact to be proved to the satisfaction of the
mayor. 4. Every person licensed under the provision of this act, when
ever employed in soliciting passengers or patronage for steamers, steambadge.
boats, ships, vessels or railroads, or patronage for hotels or inns, shall wear conspicuously upon his coat a metal badge containing the number of his license, said badge to be of such form and to bear snch further inscription as shall be prescribed by the mayor of the city of
New York. No person not duly licensed as aforesaid shall wear any represent- such badge, or any badge purporting to be that of a licensed runner or
solicitor, under a penalty of twenty-five dollars for each offense.
Fee. Revocation of license.
Licensed persons to wear
Penalty for falso
§ 5. Any person who shall carry on the business or engage in the occupation set forth in the first section of this act, without such license, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not less than three months, nor exceeding one year, and any person who, being duly licensed, shall fail to comply with the provisions of the fourth section of this act shall be liable to a fine of not less than twenty-five dollars for each offense and shall also forfeit his license.
§ 6. The mayor of the city of New York shall render to the comp- Mayor to troller of said city quarterly accounts of all moneys received by him statements under the provisions of this act, and the amounts so received shall be to comppaid over by said mayor into the city treasury.
87. This act shall take effect upon the first day of July, one thousand eight hundred and eighty-one.
AN ACT to amend chapter two hundred and eighty of the Judiciary.
laws of eighteen hundred and forty-seven, entitled "An act in relation to the judiciary.”
Passed May 21, 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 twenty-five of chapter two hundred and eighty Amending of the laws of eighteen hundred and forty-seven, entitled “ An act in Laws 1847. relation to the judiciary," is hereby amended so as to read as follows:
8 25. Justices of the peace and judges, and justices of inferior Justices of courts, not of record, and their clerks, may be removed, as provided by and justithe constitution, by the supreme court at any general term thereof, ces of inand such general term shall have power to order the proofs upon any courts not proceedings hereunder to be taken before a referee to be appointed by mfare ferd, such general term, and to certify the reasonable expenses of such removed referee, which amount, so certified, and also the reasonable expenses supreme of any reference as heretofore or hereafter taxed by any general term court. of said court, under proceedings heretofore taken under the act hereby amended, and remaining unpaid, is hereby declared to be a charge against the city, town or village within which such justices of the peace, judge, or justice of inferior court, not of record, or clerk, exercises the duties of his office. Such general term may also in its discretion require the person or persons instituting proceedings for the removal of either of the officials above named to give security, to be approved by such general term, for the expenses incident to the hearing and determination thereof, in case the charges against such official are not sustained.
$ 2. This act shall take effect immediately.
Superintendent of instruction to continue institution.
Durah and AN ACT relating to the Central New York Instićution for
Deaf Mutes, at Rome, New York.
PASSED May 21, 1880; 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 superintendent of public instruction to continue at the Central New York Institution for Deaf Mutes, at Rome, New York, for a period not exceeding three years, for the purpose of pursuing a course of studies in the higher branches of learning, such pupils, not exceeding twelve in number, as may have. completed their full term of instruction and who may be recommended by the trustees of said institution.
§ 2. This act shall take effect immediately.
CHAP. 360. New York AN ACT to provide for the proper drainage of lands in the
city of New York.
PASSED May 22, 1880; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Drainage SECTION 1. Whenever, in the opinion of the board of health of the
health department of the city of New York, the protection of the public health requires the drainage of any lands in said city, by means other than sewers, such board of health may adopt a resolution describing the location of such lands, and directing the proper drain. age thereof, and the construction of drains therefor, by the commissioner or commissioners of the department of said city having jurisdiction to construct sewers in that part of said city where such drainage is so required. Such board of health shall thereupon cause a map to be made, whereon shall be shown the location of such proposed drains, and the lands required for the construction thereof. Such resolution shall be entered at length in the records of such board of health, and such map shall be filed in such health department. A copy thereof shall be filed in the office of the register of the city and county of New York. Such board of health shall cause another copy of said map, together with a copy of such resolutions, to be delivered to the commissioner or commissioners of the department in said city who shall, by such resolution, be required to construct such drains.
§ 2. It shall be the duty of such commissioner or commissioners, upon the receipt of such map and resolution, through the counsel to the corporation of said city, to take immediate and proper proceedings for the acquirement of a right of way over, under or through the lands shown upon said map to be necessary for such drains, and it shall be the duty of such counsel to the corporation immediately to take such proceedings, and conduct them to a speedy determination.
§ 3. The right of way over, under or through the lands so required for such drains shall be taken and acquired in the manner required by
law for acquiring title to lands in said city to be used as public streets. Provided, however, that the time or times provided in such law for the giving or publication of any notice shall, for the purposes of this act, be reduced one-half, and the time for the sitting of the commissioners of estimate and assessment to hear objections to their report is, for the purposes of this act, hereby made two days in the place of ten days. Any maps, plans or surveys that may be required for the use of the commissions of estimate and assessment, to be appointed in such proceeding, shall be furnished by the department charged with the construction of the drains, and shall be prepared and made by surveyors in the regular and stated employment of such department; neither the expense of such surveys nor any other expenses, other than the fees of the commissioners of estimate and assessment attending the proceeding, shall be included in the assessment that may be made by such commissioners of estimate and assessment. The counsel to the corporation shall not be entitled to any compensation for services to be rendered by him in such proceeding, other than his stated salary. The commissioners of estimate and assessment shall not be allowed any compensation for office rent, clerk or carriage-hire. They shall each be entitled to receive the following rates as compensation for their services in full. Where the drain to be constructed is five hundred feet or under in length, the sum of twenty-five dollars. Where the drain exceeds five hundred feet in length, twenty-five dollars, and in addition thereto, five cents per foot for each running foot of drain in excess of five hundred feet, but the compensation of each commissioner shall in no case exceed one hundred and fifty dollars.
§ 4. Upon the confirmation by the court of the report of the commissioners of estimate and assessment in such proceedings, it shall be the duty of the board of estimate and apportionment of the city of New York immediately to authorize and direct the comptroller of said city to issue bonds in behalf of the mayor, aldermen and commonalty of the city of New York, to the amount necessary to pay the damages awarded to owners of lands for the right of way required for such drains, and to pay for the preparation of plans and surveys provided for as aforesaid, and for the fees of the commissioners of estimate and assessment, and from the proceeds of said bonds the said comptroller shall pay the damages so awarded, in the same manner as in the case of street openings, and the fees of the commissioners of estimate and assessment, and shall also pay the expenses incurred for such plans and surveys as above provided.
§ 5. Upon the confirmation of the report of the commissioners of estimate and assessment by the court, the commissioner or commissioners of the department in said city having the charge of the construction of such drains as herein proposed shall have the power and they are hereby directed to make and adopt proper and suitable plans for such drains and to construct them. The necessary cost of such drains, together with necessary expenses of levying the assessment therefor, shall be levied, assessed and collected in the same manner as is authorized by law for the construction of sewers in said city.
$ 6. Chapter five hundred and sixty-six of the laws of eighteen hundred and seventy-one and chapter five hundred and forty-nine of the laws of eighteen hundred and seventy-five are hereby repealed, but such repeal shall not affect any action or proceeding now pending or cause of action existing by reason of any thing done under the laws so repealed.
87. This act shall take effect immediately.
Insurance AN ACT to provide for the formation of county co-operative
PASSED May 22, 1880. The People of the State of New York, represented in Senate and As
sembly, do enact as follows: Co-opera- SECTION 1. It shall be lawful for any number of persons not less tive como panies,
than twenty-five, residing in one or more adjoining counties in this
State, who collectively own property of not less than fifty thousand formed.
dollars in value, which they desire to have insured, to form themselves into an incorporated company for the purpose of co-operative insurance against loss or damage by fire or lightning, by making, signing and acknowledging before some officer by law authorized to take acknowledgments of conveyances of real estate a certificate of their intention to form such corporation, stating the county or the counties in which such company intend to do business, its corporate name, which shall embrace the county in which the business office of said company is located. Every person insured in said company shall sign an application for insurance as required by the articles of association and by-laws of the company, and thereby become a member thereof.
§ 2. Every company formed under the provisions of this act shall choose of their members not less than one director for every town within the territorial limits of said company, whose duty it shall be to manage the business of the said company, who shall hold their office one year, or until others are elected and qualified, and said directors shall choose from their number a president, a secretary, and such other officers as their by-laws shall prescribe; all officers to be elected by ballot. The business and corporate powers of the companies incorporated under this act shall be transacted and exercised by said board of directors, subject to the by-laws of the company. The by-laws shall prescribe the number of directors necessary to constitute a quorum for the transaction of business, and may provide for an executive committee for such purposes as may be necessary, and may require officers to give such bonds as the interest of the company may require.
$3. It shall be the duty of the first directors of any company organstatement. ized under this act, before doing any business of insurance, to prepare
a statement showing the name of the company, the names of the persons comprising the proposed company, with the amount of proposed insurance to each, the name of the company, a copy of the articles and by-laws of the company, and the names of the county or counties comprising the territorial limits within which it is proposed to do business, the names of the directors and officers, with their post-office address, the place where the principal office for the transaction of business shall be located, and the mode and manner in which the business of said company is to be conducted and file a copy thereof, signed by said officers and directors, in the office of the clerk of each county comprised within the territorial limits of said company and in the
ofllce of the secretary of State. Proposi
§ 4. The persons so associating, after having filed the statement as required by section three, may open books to receive propositions, and enter into agreements in a manner authorized by this act. But no company organized under this act shall do any business or issue any
tions and agreements.