CHAP. 33. AN ACT to authorize the corporation of the city of New New York. York to sell certain lands to the United States, and ceding jurisdiction thereof. PASSED February 20, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners of thorized to United SECTION 1. The commissioners of the sinking fund of the city of CommisNew York are hereby authorized to sell to the United States, upon sinking such terms, and for such consideration, as may be agreed upon by fund auand between said commissioners of the sinking fund and the authori- sell certain ties of the United States, so much of the land situated in and belong- land to ing to the corporation of said city, and immediately adjoining the States. northerly side or boundary of the land heretofore conveyed by the mayor, aldermen and commonalty of the city of New York to the United States, for a site for a post-office, as is now covered by two sidewalks, each one hundred and three feet and six inches in length, by nineteen feet two inches in width, with a paved passage-way between eleven feet and eleven inches in width, making a total area of two hundred and eighteen feet and eleven inches in length by nineteen feet and two inches in width. Whenever said land shall have been sold pursuant Certificate to the authority hereby given, it shall be the duty of the commission- of sale. ers of the sinking fund, or a majority of them, to give a certificate under their hands that the same has been sold pursuant to the provisions of this act; and upon the production of such certificate, and Mayor, upon proof of due compliance on the part of the United States etc., to exwith the terms of sale, it shall be the duty of the mayor of said city, deed. and the clerk of the common council, in the name and on behalf of the said mayor, aldermen and commonalty, to execute a proper conveyance of such lands under their hands and the seal of said city. ecute and ces 2. The consent of the State of New York is hereby given to the Consent purchase by the United States of any land that may be sold under the of State provisions of this act, and the jurisdiction of the State of New York sion of in and over any lands so sold is hereby ceded to the United States jurisdicsubject to the restrictions hereinafter mentioned. tion. diction of 3. Said consent is given and the said jurisdiction is ceded, upon Concurthe express conditions, that the State of New York shall retain a con- rent juriscurrent jurisdiction with the United States in and over the said land, State. so far as that all civil or criminal process, which may issue under the laws or authority of said State, may be executed therein in the same manner as if such consent had not been given, or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States. $ 4. The jurisdiction hereby ceded shall not vest in any respect when ju to said lands until the United States shall have acquired the title risdiction thereto. to vest. 5. The said land acquired under the provisions of this act shall Exempt be, and continue forever thereafter exempted and discharged from all from taxa tion. taxes, assessments, and other charges which may be levied or imposed State Amending Laws 1842, CHAP. 45. AN ACT to amend chapter one hundred and thirty-five of the laws of eighteen hundred and forty-two, entitled "An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance and recovery of the insane." PASSED February 25, 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 forty-seven of chapter one hundred and thirtych. 135, 47. five of the laws of eighteen hundred and forty-two, entitled "An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance and recovery of the insane," is hereby amended so as to read as follows: Expenses of managers. § 47. Hereafter the managers of the State Lunatic Asylum shall receive no compensation for their services, but shall receive their actual expenses of traveling from their places of residence to and from the asylum to attend the meetings of the managers and their expenses while attending such meetings. Statements of such expenses, duly verified, shall be presented to the comptroller of the State, and it shall be his duty to approve the same if correct, and state such approval in writing, and in that event, on the presentation of such statement to him, the treasurer of the asylum shall pay the same. §2. This act shall take effect immediately. Ante, vol. 4, p. 28. CHAP. 59. AN ACT in regard to recognizances in criminal cases. The People of the State of New York, represented in Senate and ther bail in criminal SECTION 1. Whenever the district attorney of any county shall, in when and writing and under oath, represent to a justice of the supreme court, how furor a county judge of the county in which an indictment has been may be found, that he verily believes the bail upon, in, or taken upon any re- required cognizance, or bond by a defendant in any indictment are insufficient, cases. and that he fears that unless the defendant is arrested he may escape, the said justice of the supreme court or county judge may issue a warrant, in the usual form of a bench warrant, for the arrest of said defendant, directed to any officer authorized to serve the same, and said defendant may be arrested upon and by virtue of said warrant and brought before said justice of the supreme court or county judge. If after investigation such justice or judge shall deem the bail sufficient, he shall discharge said defendant. If after investigation he shall find said bail insufficient, the defendant may give new bail in. the same manner and with the same force and effect as if no bail had been given. If such defendant shall neglect or omit to give such new bail, said justice of the supreme court or county judge shall by warrant commit said defendant to the county jail of the county in which the indictment was found, until he shall give proper and sufficient bail as required by law, or be otherwise legally discharged. 2. This act shall take effect immediately. CHAP. 62. roads. AN ACT to amend chapter nine hundred and seven of the Municipal PASSED March 5, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 907. SECTION 1. Chapter nine hundred and seven of the laws of eighteen Amending hundred and sixty-nine, entitled "An act to amend an act entitled Laws 1869, 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," is hereby amended by adding thereto the following section: § 12. It shall be the duty of the treasurer (or other proper officer of every municipal corporation), named in section six of the act hereby amended, to invest all moneys, interest, dividends and percentages by him received and therein declared to be a sinking fund, in the manner 1 Highways and bridges. Amending ch. 377. directed by section four of said act as amended by chapter seven hundred and eighty-nine of the laws of eighteen hundred and seventy; and in every annual report to be made by him to fully set forth under the head of "railroad sinking fund," the manner and character of said investment and the condition of said funds. Ante, vol. 3, p. 617; vol. 7, pp. 517 and 781. CHAP. 67. AN ACT to amend an act entitled "An act in relation to the disposition and application of moneys raised and collected in the towns of this State for highway and bridge purposes," passed June first, eighteen hundred and seventy-eight. PASSED March 7, 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 an act entitled "An act in relation to Laws 1878, the disposition and application of moneys raised and collected in the towns of this State for highway and bridge purposes," passed June first, eighteen hundred and seventy-eight, is hereby amended so as to read as follows: Moneys to commis sioners. Supervi sors to issue warrant to § 1. All moneys raised and collected upon the taxable property of be paid to any of the towns of this State, for highway and bridge purposes, shall be paid over by town collectors of taxes to the commissioners of highways of the towns in which said moneys are so raised and collected, and to no other officer or person whatsoever. It shall be the duty of the board of supervisors to issue warrants to the collectors of towns requiring the paying over by them of all moneys raised and collected, that effect. for highway and bridge purposes, to the commissioners of highways of towns; and it shall not be lawful for the board of supervisors of any county to issue warrants to town collectors directing them to pay over any moneys raised and collected upon any town for highway and bridge purposes, to the village authorities of any incorporated village, situated wholly or partly in any town. But nothing in this act shall prevent boards of supervisors from raising money under section two of chapter eight hundred and fifty-five of the laws of eighteen hundred and sixty-nine and from issuing warrants to collect the necessary money to repay the same. And said boards of supervisors may appoint a Ch. 655, 2. commissioner or commissioners to spend and account for any moneys This act not to limit power to raise money under Laws 1869, raised for road or bridge purposes under said chapter eight hundred and fifty-five of the laws of eighteen hundred and sixty-nine, under such regulations as said board shall deem proper. § 2. This act shall take effect immediately. Chap. 855, 2, Laws 1869, ante, vol. 7, p. 486, confers on boards of supervisors power to provide for use of abandoned turnpikes, plank roads, etc.; for location, erection, repair or purchase of bridges, except over navigable streams; for apportioning expenses of public roads and bridges upon towns, and for the borrow. ing of money by towns for the foregoing purposes. Ante, p. 642. CHAP. 68. elections. AN ACT to confirm the election of village trustees in certain village cases, and to provide for and determine by lot their respective terms of office. PASSED March 7, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: "be invalid SECTION 1. No election of trustees of villages heretofore held in Elections any for trusyear since the year eighteen hundred and seventy-four, pursuant to an tees not to act entitled "An act to provide for the incorporation of villages," for failure passed April twentieth, eighteen hundred and seventy, and the acts to desigamendatory thereof, shall be invalid on account of the failure of the electors, at such election, to designate, in their ballots, the respective terms of office of the persons voted for, for trustees; but the persons for whom a majority of the votes shall have been cast for trus nate terms. mined. tees, shall be deemed to be the duly elected trustees of such village for Terms, the year for which such election was held; and such trustees shall, at how to be least ten days before the time for the next annual election of trustees deterfor such village, meet, with the president of such village, and the said president shall, in the presence of such trustees, determine by lot which of said trustees shall have been elected for one year and which of them for two years. The terms of office of the first class shall expire on the expiration of one year from the day they took office, and the terms of office of the second class on the expiration of two years from the day they took office. If the number of trustees is three, or any other odd number, the smaller number shall serve for two years and the larger number for one year. The president shall make and file in the office of the clerk of such village a certificate stating the names of such trustees and the term of office of each as so determined. § 2. This act shall take effect immediately. Ante, vol. 7, p. 681. CHAP. 71. AN ACT relating to actions brought by the mayor, aldermen and commonalty of the city of New York, to recover penal- New York ties for violations of corporation ordinances and the collection thereof. PASSED March 11, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ties. SECTION 1. All actions which may hereafter be brought or commenced by or on behalf of the mayor, aldermen and commonalty of Actions the city of New York, to recover a penalty or fine for a violation of any for penalcorporation ordinance, where the amount of such penalty or fine shall not exceed the sum of two hundred and fifty dollars, must be brought in a district court in the city of New York, held in the judicial district in which the violation of such corporation ordinance happened or |
