Powers of board of CHAP. 19. AN ACT to amend subdivision three of section twenty of chapter one hundred and thirteen of the laws of eighteen hundred and fifty-nine, entitled "An act in relation to common schools in the village of Elmira," as amended by chapter two hundred and fiftynine of the laws of eighteen hundred and seventy-three. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 10, 1890. 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 three of section twenty of chapter one education. hundred and thirteen of the laws of eighteen hundred and fifty-nine, entitled "An act in relation to the common schools in the village (now city) of Elmira," as amended by chapter two hundred and fifty-nine of the laws of eighteen hundred and seventy-three, is hereby further amended so as to read as follows: Schoolhouses, building of, etc. Issue of bonds therefor. 3. Upon such lots and sites owned by said city to build, enlarge, alter, improve and repair school-houses, out-houses and appurtenances as they may deem advisable. And for the purchase of said lots and the building and enlargement of such school-houses upon obtaining the consent of two-thirds of the common council of said city by a vote thereof duly taken and recorded, to issue the bonds of the city of Elmira, to an amount not exceeding one hundred thousand dollars, payable within twenty-five years from the issue thereof, with interest thereon not exceeding six per cent per annum, which bonds shall be signed by the mayor of said city and the president of said board, and shall have affixed thereto the respective seals attested by the respective clerks of said city and said board, and may have attached thereto coupons or warrants for the payment of interest which may be made payable semi-annually. But such bonds shall not be sold for less than their par value with accrued interest from the date thereof. § 2. This act shall take effect immediately. CHAP. 20. AN ACT to amend chapter eighty-six of the laws of eighteen hundred and fifty, entitled "An act to provide for the assessment and collection of taxes in the city of Albany," as amended by chapter four hundred and twenty-nine of the laws of eighteen hundred and eighty-nine. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 10, 1890. 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 fifty-two of article six of chapter eighty-six of the laws of eighteen hundred and fifty, entitled "An act to provide for the assessment and collection of taxes in the city of Albany," as amended by chapter four hundred and twenty-nine of the laws of eighteen hundred and eighty-nine, is hereby amended so as to read as follows: money, bursed. by action. ment. refunded. § 52. Whenever any purchaser under such sales shall be unable to Purchase recover possession of the real estate sold to him by reason of any error mo or irregularity in the assessment of any person or property, or in the be reimlevying of any tax, or in any proceedings for the collection of a tax, the board of supervisors of the said county shall at any time within six years from such sale reimburse the purchase-money so paid, with interest; and upon their refusal or neglect to do so, the same may be Recovery recovered by an action against them, and shall be paid by the county treasurer, if he have moneys in his hands sufficient for the purpose, not otherwise specifically appropriated, upon the production of a certified copy of the judgment; and if he have no such moneys in his hands, then the same shall be added to the amount of the taxes to be levied on the city of Albany, and collected in the same manner as other contingent expenses, and when collected, shall be paid over to such purchaser. Provided, however, that no money shall be paid by Conditions. the county treasurer under the provisions of this section until the of payparty to whom such money is to be paid shall have delivered to the assessors of the city of Albany, a transcript of that part of the record of the return taxes, which relates to the property in question, theretofore furnished to the county treasurer by the receiver of taxes of said city, duly certified by said [county treasurer and shall file with the county treasurer a receipt indorsed upon a duplicate thereof, signed by one of the assessors of said city, or by their clerk, to the effect that such transcript has been filed with the board. Whenever any such Assesstranscript shall be filed with the board of assessors, the said board ment of shall, when the next assessment-roll for the ward in which said prop- tax. erty is situated is prepared enter a description of said property therein together with the name of the then owner thereof and the valuation of said property, in addition to and upon a line below that containing the valuation and description for the then current year, and add thereto a statement of the rate of taxation for the year for which said refunded tax was levied. The property when so entered upon said assessment-roll shall be assessed at an amount which shall not in any event exceed the assessed valuation thereof in the year in which such refunded tax was originally levied and said assessment shall be subject to all the provisions of law in every respect relating to the assessment of taxes in the city of Albany and all proceedings subsequent to the making of such assessments shall be the same as if said assessment were made for the purpose of the taxes of the then current year and all notices and hearings and rights, powers and duties of owners and assessors and other officials provided for, given or done pursuant to any law, shall as fully apply to such property and the assessment thereof as to the property entered upon said roll for the purpose of levying the tax for the then current year. It shall be the duty of the Relevy of board of supervisors when a tax shall next thereafter be levied upon property. such property to relevy a tax thereupon for the year for which such tax was refunded at the rate for said year, and all subsequent proceedings shall be taken and had in the same manner as if such relevy were the levy made for the tax of the then current year. Said tax shall be carried out on a different line and be treated as a distinct tax from that for the current year upon the same property, and shall not in any event exceed the amount of the original tax levied for the year for Collection which the tax was refunded, and the same shall be collected and paid ment tax upon and pay Assess tax upon in all respects in the same manner as is provided by law for the collection and payment of taxes in said city. Whenever any property upon ment and which a tax has been refunded shall have been subdivided, the assessubdivided sors and supervisors in assessing and levying the tax as above shall apportion the same among such subdivisons thereof. §2. This act shall take effect immediately. property. Fees of tices of peace. CHAP. 21. AN ACT to amend subdivision one of section thirty-three hundred and twenty-three of the Code of Civil Procedure, relative to fees of constables in actions before justices of the peace. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 10, 1890. 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 one of section thirty-three hundred and twenty-three of the Code of Civil Procedure is hereby amended so as to read as follows: 1. In an action brought before a justice of the peace, or in a constables justices' court of a city, for serving a summons, twenty-five cents; for before jus- serving a summons and executing an order of arrest, one dollar; for serving a summons and levying a warrant of attachment, one dollar; for serving a summons and affidavit and excuting a requisition in an action for a chattel, one dollar; for serving an order, directing the action to be continued before a justice other than the one before whom it is pending, and for attending before the latter, fifty cents, and fifty cents in addition if he so attends with a person in his custody; for collecting money by virtue of an execution, for every dollar collected, to the amount of fifty dollars, five cents; for every dollar collected over fifty dollars, two and one-half cents; where a judgment or an execution is settled after a levy, the constable is entitled to poundage upon the sum at which the settlement is made, not exceeding the value of the property levied upon; for each mile necessarily traveled, going and returning, to serve a summons or to serve or to execute any other mandate, except a venire, the distance to be computed from the place of abode of the person served, or the place where it is served, to the place where it is returnable, ten cents; but where two or more mandates in one action are served or executed upon one journey, or where a mandate is served upon or executed against two or more persons in one action he is entitled, in all, to only ten cents for each mile necessarily traveled; for notifying the plaintiff of the execution of an order of arrest twenty-five cents; and for going to the plaintiff's residence, or, if he is found elsewhere, to the place where he is found, to serve such a notice, for each mile traveled, going and returning, ten cents; for subpoenaing each witness, not exceeding four, twenty-five cents; for notifying the jurors to attend a trial, one dollar and fifty cents; for taking charge of a jury during their deliberations, fifty cents; where witnesses, not exceeding four, are subpoenaed by any person other than a constable, the fee therefor is ten cents each. Act when to take Tect. § 2. This act shall take effect on the first day of September, eighteen hundred and ninety. CHAP. 22. AN ACT to amend chapter eighty-nine of the laws of eighteen hundred and fifty-seven, entitled "An act for the better support of the poor in the town of Fishkill, in the county of Dutchess," as amended by chapter one hundred and eighty-six of the laws of eighteen hundred and eighty-two. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 11, 1890. 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 one of chapter eighty-nine of the laws of eighteen hundred and fifty-seven, entitled "An act for the better support of the poor in the town of Fishkill, in the county of Dutchess," as amended by chapter one hundred and eighty-six of the laws of eighteen hundred and eighty-two, is hereby further amended so as to read as follows: sioner of § 1. The office of overseer of the poor of the town of Fishkill, county Commisof Dutchess, is hereby abolished. There shall be one commissioner poor. for the support of the poor in said town who shall have and possess all the powers and authority now vested by law in the overseers of the poor in towns, except as hereinafter provided, and shall be subject to the same duties and liabilities as such overseers. The commissioner Election of the poor of said town shall be elected by the electors of said town and term in the same manner, and at the same time, and shall be alike qualified to be elected as other town officers; and he shall hold office for the term of two years, or until his successor shall qualify. The first election under this act shall be held at the annual town election in said town on the first Tuesday in March, eighteen hundred and ninety. § 2. Section six of said act is hereby further amended so as to read as follows: of. § 6. The said commissioner of the poor shall receive an annual sal- Salary. ary of five hundred dollars. Any vacancy occurring in said office shall be filled in the same manner as a vacancy in the office of justice Vacancy of the peace. § 3. This act shall take effect immediately. CHAP. 23. AN ACT further to amend chapter six hundred and eleven of the laws of eighteen hundred and seventy-five, entitled "An act to provide for the organization and regulation of certain business corporations.' APPROVED by the Governor March 11, 1890. Passed, three-fifths being present. SECTION 1. Section three of chapter six hundred and eleven of the laws of eighteen hundred and seventy-five, entitled "An act to provide for the organization and regulation of certain business corporations," is hereby amended so as to read as follows: in office. Certificate tors. §3. Whenever three or more persons, a majority of whom shall be of corpora- citizens and residents of this state, shall propose to form a corporation under the provisions of this act, they shall make a certificate to that effect, which certificate shall be signed by each of such persons and duly acknowledged by them before some officer authorized to take acknowledgments under the laws of this state. Such certificate shall Business, by whom directors, and change thereof. set forth: 1. The name of the proposed corporation. 2. The object for which it is to be formed, including the nature and locality of its business. 3. The amount and description of the capital stock. 4. The number of shares of which such capital stock shall consist. 5. The location of the principal business office. 6. The duration of the corporation, which, however, shall not exceed fifty years. § 2. Section ten of the said act, as amended by chapter four hundred and twenty-two of the laws of eighteen hundred and eighty-one is hereby amended so as to read as follows: § 10. The business of every corporation created hereunder shall be managed. managed by a board of directors (the members of which at their election and throughout their term of office shall be stockholders in such corporation to at least the extent of five shares, and shall hold their office until their successors are chosen), and by such officers, to be elected by and from among said directors, as the by-laws shall preNumber of scribe. The number of directors shall not be less than three or more than thirteen, and the existing number thereof may be changed to not less than three or more than thirteen, by a vote of a majority in interest of the owners of stock issued by said corporation, present in person, or by attorney duly authorized, at a meeting of the stockholders of such corporation called pursuant to such a notice, specifying the purpose of such meeting and given to each stockholder, as is Statement prescribed in section five of this act; and a statement of the change of change. of the number of directors so made, signed and verified by the president or a vice-president of the corporation and by the secretary of the meeting at which the change was made, shall be filed in the office of the secretary of state, and a copy thereof in the office of the clerk of the county in which the principal business office of the company is situated, within ten days after such meeting. A majority of the whole number of directors shall be necessary to constitute a quorum. Secretary. The secretary shall record all the votes of the corporation and the minutes of its transactions in a book to be kept for that purpose. Treasurer. The treasurer shall give bonds in such sums and with such sureties as are required by the by-laws for the faithful discharge of his duties. § 3. This act shall take effect immediately. Quorum. |