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tory thereof and supplementary thereto, if the death of such officer or member occurred during his service in the said uniformed force, or after he was retired from service in said uniformed force under the provisions of section fourteen of chapter seven hundred and forty-two of the laws of eighteen hundred and seventy-one, and the acts amendatory thereof; provided that the amount of any such pension to be paid by the said trustees, to each of the several representatives of such officer or member as aforesaid in case there shall be more than one), may be from time to time determined by the said trustees, according to the circumstances of each case, and that such pension may be ordered to cease and terminate at any time if, in the opinion of the trustees, the circumstances should warrant the same; and further provided that not more than three hundred dollars shall be paid in any one year to the representative or representatives of such officer or member, and that no part of such sum shall be paid to any such widow who shall marry again, after her re-marriage, or to any child after it shall have reached the age of sixteen years.

CHAP 516.

New York. AN ACT to amend chapter four hundred and forty-five of the laws of

eighteen hundred and seventy-seven, entitled "An act to provide for perfecting and perpetuating the right and title of the city of New York to property, water, water-rights and privileges heretofore taken or used, or which may be hereafter taken or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using."

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: Amending

SECTION 1. The title of the act entitled “An act to provide for perfecting ch. 445, and perpetuating the right and title of the city of New York to property

, Laws 1877.

water, water-rights and privileges heretofore taken or used, or which may be hereafter taken

or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and ex:

tinguishment of all claims or damages growing out of such taking or using," Amending is hereby amended so as to read as follows: "An act to provide a further suptitle. ply of pure and wholesome water for the city of New York, and to provide

for perfecting and perpetuating the right and title of the city of New York to property, water, water-rights and privileges heretofore taken or used, or which may be hereafter taken or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using."

$ 2. The twenty-fourth section of the said act, hereby amended, is hereby

amended so as to read as follows: Repeal. $ 24. All acts and parts of acts inconsistent with this act are hereby re

pealed, provided that nothing herein contained shall at any time be under-
stood, held or construed to repeal any part of chapter fifty-six of the laws of
eighteen hundred and seventy-one, entitled “An act to provide a further sup-
ply of pure and wholesome water for the city of New York,” passed February
twenty-seventh, eighteen hundred and seventy-one, excepting the fourth sec-
tion thereof, which is hereby repealed, nor to repeal the act amendatory of
said act, passed April sixth, eighteen hundred and seventy-one, being chapter
three hundred and twenty-eight of the laws of eighteen hun tred and seventy-
one.

$ 3. This act shall take effect immediately.
Ante, pp. 455, 464.

CHAP 519.

eers.

counties.

AN ACT in relation to auctioneers in the counties of New York and Auction.

Kings.

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. No auctioneer shall hereafter demand or receive for his services Fees on in selling at public auction, in the counties of New York or Kings, any real judicial estate directed to be sold by any judgment or decree of any court of this State New York a greater compensation or fee than fifteen dollars for each parcel separately and Rings sold; but where such sale is made at any public salesroom, said auctioneer may demand and receive such further amount not exceeding two dollars for each parcel separately sold as he may have actually paid for the privilege or right of making said sale in such salesroom as aforesaid, but where one or more lots are so sold at public auction with the privilege to the purchaser of taking one or more additional lots at the same rate or price, nothing herein contained shall be construed to prevent the auctioneer making such sale from demanding and receiving for his services the compensation or fee above allowed, for each additional lot taken by said purchaser under such option or privilege. • 8 2. No fees or compensation which any auctioneer receives or is entitled Fees not to receive on any sale under the provisions of the preceding section shall be tidea.didivided with, or any portion thereof either directly or indirectly allowed or paid to the receiver, referee, sheriff or other officer under whose direction such sale is made, or to any of the attorneys in the action or proceedings.

$ 3. Any person who shall violate any of the provisions of this act shall be Penalty. deemed guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than two hundred and fifty dollars and not exceeding five hundred dollars for each offense, and also by the revocation of his license as auctioneer.

$ 4. All acts or parts of acts inconsistent herewith are hereby repealed. $ 5. This act shall take effect immediately.

CHAP 52.

AN ACT further to amend chapter four hundred and four of the Canals.

laws of eighteen hundred and seventy-seven, entitled "An act to provide for the disposition and sale of certain lateral canals of this State, and the lands, rights and other property connected therewith."

Passed June 18, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section three of chapter four hundred and four of the laws of Amending eighteen hundred and seventy-seven, entitled "An act to provide for the dis- ch.404

Laws 1877. position and sale of certain lateral canals of this State, and the lands, rights and other property connected therewith,” is hereby amended so as to read as follows:

$ 3. It shall be the duty of the superintendent of public works, subject to Sale of lato the approval of the canal board as soon as practicable after the passage of this eral

canals. act, except as hereinafter provided, to advertise for sale and to sell the following property belonging to this State, namely : the Crooked Lake canal, its appurtenances and the water privileges connected therewith, provided the hydraulic action and the natural flow of the outlet of said lake shall not be diverted or changed, any of the provisions of this bill to the contrary notwithstanding ; also, as soon after January first, eighteen hundred and eighty, as the canal board shall deem the best interests of the State, to advertise for sale and to sell that portion of the Chenango canal as described in section

railroad or canal

two of this act, the Chemung canal and its feeders, branches and appurtenances and water privileges after the close of navigation in the year eighteen hundred and seventy-eight; and as soon after January first, eighteen hundred and eighty, as the said board shall deem the best interests of the State, the Genesee Valley canal, its feeders, branches, appartenances. When the Chemung canal shall cease to be used as such, the water power, rights and privileges on the Chemung river so far as they were taken and appropriated for the purposes of the canal, shall revert to the person or persons from whom they were taken, or to their successors in interest, and in any sale of that canal, such rights shall be reserved; but no dam or any water privilege sold or conveyed by the State shall be of any greater height, or of less width of spillway than the same was originally built

by the State. § 2. Section eleven of said act is hereby amended so as to read as

follows: Sale for § 11. Whenever the said superintendent shall ascertain that the

prism and banks of either of said canals, or any considerable portions purposes. of either, are desired by responsible parties, or a responsible corporation

or corporations, as a bed for the construction of a railroad, or for the
continuance of the same as a canal, and that the same can be sold on
as favorable terms and for as large an amount therefor as for other
purposes, or where the use thereof is deemed for the interests of the
locality through which the canal runs, the said superintendent is
hereby authorized to sell after January first, eighteen hundred and
eighty, either or any such portion of either of said canals for such rail-
road or canal purposes on obtaining proper security that the same
shall be so constructed within three years from the sale thereof, and
proper guarantees that the same shall be used and operated for the
purpose indicated in this section, any thing herein before contained to
the contrary notwithstanding. All action by the superintendent un.
der this act shall be only with the consent and approval of the canal
board.

$ 4*This act shall take effect immediately.
Ante, pp. 430, 632.

CHAP 526.

of tax

AN ACT to amend chapter one hundred and sixty-one of the Protection laws of eighteen hundred and seventy-two, entitled "An act payers.

for the protection of tax payers against the frauds, embezzlements and wrongful acts of public officers and agents.”

PASSED June 19, 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 chapter one hundred and sixty-one of Amending

the laws of eighteen hundred and seventy-two, entitled “An act for the protection of tax payers against the frauds, embezzlements, and

* So in the original.

ch. 161, Laws 1872.

wrongful acts of public officers and agents,” is hereby amended so as to read as follows:

§ 1. All officers, agents, commissioners and other persons, acting Actions for and on behalf of any county, town or municipal corporation in officers

, this State, and each and every one of them may be prosecuted, and an ete, tot action or actions may be maintained against them to prevent waste or counties, injury to any property, funds or estate of such county, town or etc., to municipal corporation by any person, or by any number of persons waste, jointly, residing in such county, town or municipal corporation, asses- fraud, etc. sed for the amount of ten thousand dollars, and liable to pay taxes upon such assessment therein, or who shall together be assessed for that amount and so liable, or who have either separately or together paid taxes therein upon an assessment of that amount within one year previous to the commencement of any such action or actions; provided that such person or persons shall first.execute to such county, town or municipal corporation a bond, to be approved by a justice of the supreme court, in the sum of five thousand dollars, with two sureties of the kind, and who shall justify, at the motion of any defendant in such action, in the manner and according to the provisions prescribed by the Code of Civil Procedure for bonds given on appeals to the court of appeals, conditioned to save said county, town or municipal corporation harmless from all costs, charges and expenses by reason of such action; which bond shall be filed and a copy served with the summons in such action. This act shall not be so construed as to take away any right of action from any county, town or municipal coproration, or from any public officer, or as affecting actions now pending, brought by or against them, or any of them.

8 2. This act shall take effect immediately. Ante, vol. 9, p. 337. Ch. 161, L. 1872, was repealed by ch. 245, L. 1880, but the above act was not only not repealed, but on the contrary amended, and another section added to it by ch. 435, L. 1880 (post, p.1016). See Co. Civ. Proc., sec. 1925, etc.

CHAP 527.

AN ACT to amend chapter three hundred and eighty-nine New York

of the laws of eighteen hundred and seventy-eight, entitled polico "An act to create a police pension fund for disabled and fund. retired policemen in the city of New York,” passed June four, eighteen hundred and seventy-eight.

PASSED June 19, 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 seven of chapter three hundred and eighty-nine Amending of the laws of eighteen hundred and seventy-eight, entitled “ An act ch-389;

Laws 1878. to create a police pension fund for disabled and retired policemen in the city of New York,” passed June four, eighteen hundred and seventy-eight, is hereby amended so as to read as follows.

Term of service.

$ 7. In determining the term of service of any member of the police force under the provisions of this act, service in the late municipal and metropolitan police department, and subsequently in the police department of the city of New York, shall be counted and held to be police service in the police department of the city of New York, for all the purposes of this act.

82. This act shall take effect immediately.
Ante, p. 648.

CHAP 59.

New York. AN ACT restricting the right to grant, use or occupy certain

streets in the city of New York, for the purposes of an elevated railroad.

PASSED June 19, 1879; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Elevated SECTION 1. It shall not be lawful to grant, use or occupy for the railroad.

purposes of an elevated railroad any portion of the following named streets and places in the city of New York, that is to say, Second avenue below Twenty-third street, Nassau street, Printing-House square, so called, south of Frankfort street, Park-row, Broadway south of Murray street, Broad street and Wall street. But nothing herein contained shall be construed to take away any right given by the report of the Rapid Transit Commissioners so called, or any existing right to cross at an elevation any of said streets, or to affect any act heretofore passed restricting the right to use or occupy any of said streets.

§ 2. This act shall take effect immediately.

CHAP 580,

guest to

Inn and AN ACT for the better protection of hotel-keepers, inn-keepers, boardinghouse

lodging-house keepers and boarding-house keepers. keepers.

PASSED June 19, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Sale of SECTION 1, Any hotel-keeper, inn-keeper, boarding-house or lodg. goods and baggage of ing-house keepers, who shall have a lien for fare, accommodation or

board, upon any goods, baggage or other chattel property, and in his satisfy

possession for a period of three months at least after the departure of the guest or boarder leaving the same, or who for a period of six months shall have in custody any unclaimed trunk, box, valise, package, parcel or other chattel property whatever, may proceed to sell the same at public auction; and out of the proceeds of such sale, may, in case of lien, retain the amount thereof and the expense of advertisement and sale; and, in case of unclaimed property, the expense of storage, advertisement and sale thereof; provided, in all instances, the notice specified in the next section be first given as therein directed.

lien.

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