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ch. 106,

CHAP 898 AN ACT to amend chapter one hundred and six of the laws New York

of eighteen hundred and eighty, entitled "An act to repeal of record. chapter five hundred and fifteen of the laws of eighteen hundred and seventy-nine, entitled ' An act to amend chapter six hundred and twenty-five of the laws of eighteen hundred and seventy-five, entitled 'An act in relation to courts of record in the city and county of New York,” and to reenact chapter six hundred and twenty-five of the laws of eighteen hundred and seventy-five.

Passed May 26, 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 one of chapter one hundred and six of the laws Amending of eighteen hundred and eighty, entitled “ An act to repeal chapter Laws 1880. five hundred and fifteen of the laws of eighteen hundred and seventynine, entitled 'An act to amend chapter six hundred and twenty-five of the laws of eighteen hundred and seventy-five, entitled . An act in relation to courts of record in the city and county of New York,'' is hereby amended so as to read as follows:

§ 1. Chapter five hundred and fifteen of the laws of eighteen hundred and seventy-nine, entitled “ An act to amend chapter six hundred and twenty-five of the laws of eighteen hundred and seventy-five, entitled 'An act in relation to courts of record in the city and county of New York,'” is hereby repealed, and chapter five hundred and fit- Order of teen*of the laws of eighteen hundred and seventy-five, entitled “ An arresa,

warrant, act in relation to courts of record in the city and county of New attachYork,” is hereby re-enacted as follows: “ All orders of arrest, warrants executions of attachment, executions and proceedings to recover personal prop- and proerty in civil actions, except when the sheriff is a necessary party to recover thereto, made or issuing out of any court of record in the city and personal

property county of New York, whether by statute or otherwise, shall be issued in civil to the sheriff only. 82. This act shall take effect immediately.

only. Ante, p. 915.

6

actions to be issued to sheriff

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AN ACT to further amend chapter nine hundred and eight New York

City tenof the laws of eighteen hundred and sixty-seven, entitled ant and “An act for the regulation of tenement and lodging houses houses in the cities of New York and Brooklyn," as amended by chapter five hundred and four of the laws of eighteen hundred and seventy-nine.

Passed May 26, 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 thirteen of chapter nine hundred and eight of the laws of eighteen hundred and sixty-seven, entitled “ An act for Laws 1887. the regulation of tenement and lodging-houses in the cities of New York and Brooklyn,” as amended by chapter five hundred and four

* So in tho original. The intention was to re-enact ch. 625, L. 1875.

ch. 908,

to erect tenant houses without space between them and

Ventilation.

Dimensiops.

of the laws of eighteen hundred and seventy-nine, is hereby amended

so as to read as follows: Unlawful § 13. It shall not be lawful hereafter to erect for, to convert to, the

purposes of a tenement or lodging-house, a building on any lot where there is another building on the same lot, unless there is a clear open space exclusively belonging thereto, and extending upward

from the ground of at least ten feet between said buildings, if they are adjoining one story high above the level of the ground; if they are two stories buildings. high, the distance between them shalì not be less than fifteen feet;

if they are three stories high, the distance between them shall not be less than twenty feet; and if they are more than three stories high, the distance between them shall not be less than twenty-five feet. At the rear of 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 lót. But when thorough ventilation of such open space can be otherwise secured, such distances may be lessened or modified in special cases, or the open spaces may be dispensed with on corner lots by : permit from the board of health. No one continuons building shall be built or converted to the purposes of a tenement or lodging-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. Section five of said chapter five hundred and four of the laws of eighteen hundred and seventy-nine is hereby amended so as to read as follows:

85. The board of police of the city of New York, upon the requisimay make tion 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 enforcement 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, not ei. officers to ceeding thirty suitable officers, and men of experience of at least fise

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 san. tary 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, and there upon the board of police may detail another officer or man in his place, and the discipline of the 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 effeciency of any member of said sanitary company, and thereupon another officer or man may be ditailed in his place. The board of police shall have the power, and it shall be their duty, to fill all vacancies in the police force of the city caused by the detailing of said officers and men, upon the reqnisition of the board of health, and to make new appointments to said force equal in number to the officers and men now, or who may hereafter be detailed to the service of the board of health under and by virtue of the provisions of this act.

§ 3. All acts or parts of acts and all laws, regulations or ordinances inconsistent with this act are hereby repealed.

§ 4. This act shall take effect immediately.
Ante, p. 809.

Board of health

requisition on board of police to furnish

law.

CHAP 415.

railroads.

extend

counties.

AN ACT in relation to street railroads.

Street

PASSED May 26, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Any street railroad now in operation in this State, which shall, May by a two-thirds vote of its directors, decide to extend the route of such road routo over so as to cross the Hudson river over and by any bridge now or hereafter con- bridges

crossing structed under the provisions of any law of this State, may so extend their rivers. route over and across such bridge upon such terms as may be mutually agreed upon between such railroad and bridge company, and may locate the terminus Terminus of their road in the county adjoining the one in which their road is now lo- in other cated and in operation, provided they shall first obtain the consent of such When bridge company or its lessees, and shall obtain the consent of the owners of property one-half in value of the property bounded on, and the consent also of the owners

withhold local authorities having the control of that portion of a street or highway consent, upon which it is proposed to construct or operate such railroad be first ob- supreme tained, or in case the consent of such property owners cannot be obtained, the appoint general term of the supreme court, in the district in which it is proposed to commisbe constructed, may, upon application, appoint three commissioners who shall sioners. determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.

$ 2. This act shall not affect any street railroad now or hereafter constructed in either the counties of New York or Kings.

$ 3. This act shall take effect immediately.

court may

court on

CHAP 416. AN ACT to amend title three, chapter three, part four of the Re- Prisons.

vised Statutes, entitled “General provisions applicable to all the prisons treated of in this chapter.”

Passed May 26, 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 one hundred and ninety-seven of title three, chapter Amending three, part four of the Revised Statutes, entitled “General provisions appli- 4, Revised

ch. 3, part cable to all the prisons treated of in this chapter,” is hereby amended so as to Statutes. read as follows: $ 197. Whenever any convict confined in any county or State prison shall be convicts

may be considered an important witness in behalf of the people in this State upon brought any criminal prosecution against any other convict, or against any person in- before dicted for a felony, by the district attorney prosecuting the same, it shall be writ of the duty of any justice of the supreme court, in his discretion, upon the afli- habeas davit of such district attorney, to grant a habeas corpus for the purpose of testing to bringing such person before the proper court to testify on such prosecution.

$ 2. Section one hundred and ninety-eight of said title is hereby amended so as to read as follows: $198. Such convict may be examined on such trial and shall be considered Convict a

competent a competent witness against any fellow-prisoner (or person indicted for a felony) witness in for any offense actually committed whilst in prison, and whilst the witness so trial of any offered shall have been confined in the prison in which such offense shall have

committed been committed, or for any offense committed prior to the confinement of such whilst in witness.

prison. $ 3. This act shall take effect immediately. There are no “sections 197 and 198” in the portion of the R. S. referred to. The sections intended to be amended are evidently sections 150 and 151 of the chapter and title mentioned. Ante, vol. 2, p. 319.

CHAP 417.

ch. 606,

Commissioners to

upon

Rallroads. AN ACT to amend chapter six hundred and six of the laws

of eighteen hundred and seventy-five, entitled “An act further to provide for the construction and operation of a steam railway or railways in the counties of the State.”

Passed May 26, 1880. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Section four of chapter six hundred and six of the laws Laws 1875. of eighteen hundred and seventy-five, entitled “ An act further to

provide for the construction and operation of a steam railway or rail. ways in the counties of the State,” is hereby amended so as to read as follows:

$ 4. Said commissioners shall, within thirty days after such organdetermine ization, determine upon the necessity of such steam railway or rail. necessity

ways, and if they find such railway or railways to be necessary in such of railroad county, they shall, within sixty days after such organization, fix and

determine the route or routes for such steam railway or railways, and
the said commissioners shall have the exclusive power to locate the
route or routes of such railway or railways, over, under, through or
across the streets, avenues, places or lands in such county, "except
Broadway and Fifth avenue, below Fifty-ninth street, and Fourth
avenue above Forty-second street, in the city of New York, and er-
cept over, under, through or across those portions of Grand, Classon
and Franklin avenues, in the city of Brooklyn, lying between the
southerly line of Lexington avenue and the northerly line of Atlantic
avenue, and over, under, through or across that portion of Classon
avenue, in said city, lying between the northerly line of Lexington
avenue and the southerly line of Park avenue;" and except such por-
tions of streets and avenues as are already legally authorized for or
occupied by an elevated or underground railway, and except such as
are contained in public parks or occupied by buildings belonging to
such county, or to this State, or to the United States, and except that
portion of the city of Buffalo lying between Michigan and Main
streets; and to provide for the connection or junction with any other
railway or bridge, provided that the consent of the owners of one-half
in value of the property bounded on, and the consent also of the local
authorities having the control of that portion of a street or highway
upon which it is proposed to construct or operate such railway or rail.
ways, be first obtained, or in case the consent of such property owners
cannot be obtained, that the determination of three commissioners
appointed by the general term of the supreme court in the district of
the proposed construction given after a due hearing of all parties in-
terested, and confirmed by the court, that such railway or railways
ought to be constructed or operated, be taken in lieu of the consent
of such property owners.

8 2. This act shall take effect immediately.
Ante, p. 210.

CHAP 42.

66 An

ch. 291, Laws 1870.

AN ACT to amend chapter two hundred and ninety-one of Villages.

the laws of eighteen hundred and seventy, entitled " An act for the incorporation of villages ;” also chapter eight hundred and seventy of the laws of eighteen hundred and seventy-one, entitled “An act to amend an act for the incorporation of villages.”'

PASSED May 26, 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 four of title three of chapter two hundred and Amending ninety-one of the laws of eighteen hundred and seventy, entitled act for the incorporation of villages,” is hereby amended so as to read as follows:

§ 4. The trustees shall have power to compel the owners and occu- Improve pants of land or lots in front of and adjoining which a sidewalk is to sidewalk be made or repaired, to make such improvements upon the sidewalk in front of said land or lot, to determine and prescribe the manner of doing the same, and the materials to be used therein, and the quality or kind of such materials; and in case the owner or owners, occupant or occupants of any such land or lot shall neglect or refuse to complete the said required improvement within such reasonable time as shall be required by the trustees, the said trustees may cause such improvement to be made or completed, and the expense thereof may be by them assessed on such owner or owners so neglecting or refusing, and be collected by warrant issued by the president and trustees, as other taxes are directed to be collected by this act ; and in case such tax or assessment shall not be paid or collected, the trustees may cause such real estate to be leased, or the owner thereof to be sued for payment and collection of such tax, and the costs and expenses arising from non-payment, in the manner and with the effect and subject to the provisions of this act in regard to the collection of taxes and assessments, by leasing of real estate or by action at law against the person liable. But nothing in this section shall be so construed as to prevent the trustees from making expenditures of money raised under section six of title four of this act, in and toward the construction, alteration or repair of sidewalks in such village, whenever and wherever they may deem the same more for the benefit of all the inhabitants of such village than for such adjoining owners or occupants; provided, that such last-mentioned expenditures for sidewalks shall not exceed in any one year the sum of five hundred dollars, unless the tax payers of such village, at a meeting specially called for that purpose, upon ten days' notice, at which at least thirty tax payers shall be present, shall authorize, by resolution, a larger expenditure. The resolution adopted at such meeting, duly authenticated, shall be placed with the records of such village, entered on the minutes of the trustees.

§ 2. Section six of title four of the said act, as amended by chapter eight hundred and seventy of the laws of eighteen hundred and seventy-one, is hereby further amended so as to read as follows:

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