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CHAP 504.

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 Law. 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; and 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- occupa. 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 Construohabitable 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

rooms.

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, hav. ing 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 build. ing or room to be reduced, so that the inmates thereof shall not exceed 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, honsekeeper, 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.

$ 4. The board of estimate and apportionment of the city of New

York shall, within twenty days after the passage of this act, transfer fund.

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. Detail of

8 5. The board of police of the city of New York, upon the requipolice to sition 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 enforceby ch. 399,

ment of the provisions of this act, and of chapter nine hundred and L. 1880, 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

enforce act. Amended

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, may 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.

$.7. This act shall take effect immediately.

CHAP 505

mortgages

AN ACT to facilitate the foreclosure 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 cor- ure of poration shall have been created by the consolidation of a railroad cor- made by poration of this State with a railroad corporation or corporations of dated railanother State or States, shall have executed a mortgage upon its entire roads lying line of railroad, and a sale of the entire line of road under such mort- parily 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

corpora

and for such costs, expenses and charges as may appear to be just and lawful. If a receiver of the entire line of such railroad shall have been, or may hereafter be appointed by such court of competent jurisdiction of the State in which the greater part of the line of railroad is situated, such receiver may perform, within this State, the duties of his office not inconsistent with the laws of this State, and may sue and be sued

in the courts of this State. Powers of § 2. A corporation created under the laws of the State in which the tions of

greater part of the line of such railroad may be situated, for the purother pose of taking title to and operating the entire line of railroad, so sold States.

as provided in the preceding section, with its franchises and appurtenances, the judgment, decree and sale having been duly confirmed and approved, as therein provided, may hold, possess and operate that part of the line of such railroad lying in this State, and shall have all the rights and franchises theretofore possessed by the corporation executing the mortgage under which such judgment or decree and sale was made, and such as now are or may hereafter be conferred upon railroad corporations organized under the laws of this state, and shall be subject to the duties and liabilities to which such corporation was by the laws of this State subject, and to such further or other duties and liabilities as are now or may hereafter be imposed by law upon railroad corporations of this State, provided that an exemplified copy of the charter, certificate of incorporation or articles of association under and by virtue of which such corporation is created, and of the judgment or decree under which said entire line of railroad was sold, and a certified copy of the order or judgment or decree of confirmation and approval required by the preceding section, shall be filed in the office of the secretarv of State for this State.

$ 3. This act shall take effect immediately.

CHAP 510.

AN ACT to prescribe the rate of wharfage on clam and oyster boats in New York, Brooklyn and Long Island City:

Passed June 16, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Wharfage

SECTION 1. It shall be lawful to charge and receive, within the cities op oyster of New York, Brooklyn and Long Island City, wharfage and dockage

on every vessel of two hundred tons burden and under, which shall be actually engaged in the clam or oyster trade, and which shall make fast to any pier, wharf or bulkhead within said cities, or either of them, one and one-half cents per ton per day, and on every such vessel, which shall make fast to another vessel lying at any such pier, wharf or bulkhead, or to any vessel lying outside of such vessel, or that shall anchor within any slip or basin in said cities, one cent per ton per day; provided, however, that no vessel shall pay less than twenty-five cents nor less than one day's wharfage, nor shall more than one day's wharfage be charged unless for a continuous use of the pier, wharf, bulkhead, slip or basin of more than twenty-four hours.

§ 2. This act shall take effect immediately.

CHAP 512

AN ACT to authorize gas-light companies to use electricity Electrio instead of gas for the lighting of streets, public places, and

lights. public and private buildings in cities, villages and towns within this State.

PASSED June 16, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Any corporation duly organized under the act entitled Gas-light “An act to authorize the formation of gas-light companies,” passed nies may February sixteenth, eighteen hundred and forty-eight, and the several use elec

tricity. acts amendatory thereof, may use electricity instead of gas as the means of lighting streets, avenues, public parks and places, and public and private dwellings of cities, villages and towns within this state.

§ 2. Any such company, described in the first section hereof, shall have full power to carry on the business of lighting by electricity cities, towns and villages within this State, and the streets, avenues, public parks and places thereof, and public and private dwellings therein; and for the purposes of such business to generate and supply electricity, and to make, sell or lease all machines, instruments, apparatus and other equipment necessary therefor; and shall also have power to lay, erect and construct suitable wires or other conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places of such cities, towns or villages, for conducting and distributing electricity, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe.

$3. The city of Brooklyn and the county of Kings are hereby exempted from the provisions of this act.

§ 4. This act shall take effect immediately. Ante, vol. 3, p. 849,

CHAP 518.

AN ACT to provide for the payment of pensions to widows New York,

or children of officers or members of the uniformed force of the fire department of the city of New York.

PASSED June 16, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows;

SECTION 1. The trustees of the relief fund of the fire department of Payment the city of New York, created by chapter seven hundred and forty- of pentwo of the laws of eighteen hundred and seventy-one, and the acts widows amendatory thereof and supplementary thereto, are hereby authorized and or

of and empowered from time to time, to pay a pension out of the said members relief fund to the widow, child or children of any deceased officer or

partment. member of the uniformed force of the said fire department, as established in the city of New York by chapter two hundred and forty-nine of the laws of eighteen hundred and sixty-five, and the acts amenda

of fre de

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