of deposits and relet ting of contracts. by bidders. ance of his contract in such sum as shall be prescribed by said board of commissioners. If the bidder awarded any contract Forfeiture shall neglect or refuse to accept the contract within five days after notice that the contract has been awarded to his bid or proposal, or if he accept but does not execute the contract and give the proper security, the contractor shall forfeit the money deposited by him at the time of making his bid as hereinafter provided and the said contract shall be readvertised and relet as hereinbefore provided. Each bidder as a condition precedent Deposits to the reception of his bid or proposal shall deposit with the treasurer of said city a certified check drawn to the order of said treasurer upon a solvent national bank of this state or money (such check or money to accompany the bid or proposal) to such an amount not exceeding five per centum of the amount of the required security for the faithful performance of the contract for which the bid is made as prescribed by said board. Within three Return of days after the decision as to whom the contract is awarded, said treasurer shall return all deposits made to the person or persons making the same, except the deposit of the bidder awarded the contract, and if such bidder shall refuse or neglect, within five days after notice that the contract has been awarded to execute and give the proper security, the amount of deposit made by him shall be forfeited to and retained by the said city as liquidated damages for such neglect or refusal and thereafter be appropriated to and expended in the erection of said building, and if such bidder shall execute the contract and give the proper secu rity within the time aforesaid, the amount of his deposit shall be returned to him. deposits. work. or superin tendent. § 8. Said contract or contracts when executed shall be carried Supervision and inspecout according to the plans and specifications adopted under the tion of direction and supervision and subject to the inspection of said board of commissioners. Said board is hereby authorized to Architect employ an architect or a superintendent or both and fix the rate of his or their compensation which shall be paid monthly out of the fund hereinafter mentioned. The architect shall supervise the erection of said city hall and no work thereon or materials therefor shall be accepted by the commissioners except upon the written certificate, to be preserved by them as a part of their proceedings, of the architect, that the same (*) in accordance with *So in the original. contract Notice to sureties. such plans and specifications and the terms of the contract or contracts hereinbefore mentioned. The superintendent, subject to the direction of the commissioners, shall superintend such erection and shall certify to the commissioners and the architect the character of the material used therein and the work thereon. Such architect may also be superintendent, if in the judgment of said board one person only is required for the purposes mentioned in this section. Violation of § 9. In case any work shall be abandoned by any contractor, or if said work or any part thereof shall, in the opinion of said board of commissioners, be by the said contractor unnecessarily delayed, or if the contractor shall, in the opinion of the said board, willfully violate any of the provisions of his contract, or execute the same in bad faith, so that the work is not being done or progressing according to the term of the contract, notice shall be given by said board of commissioners to the sureties of said Discontinu- contractor, and if said sureties shall fail to continue the performwork. ance of the work according to the terms of the said contract, the said board shall notify said contractor to discontinue all work under his contract, or any part thereof, and the said contractor shall thereupon discontinue such work or such part thereof, and Completion the said board of commissioners shall thereupon have power to of work by board. place such and so many workmen as said board may deem advis ance of contractor able by contract or otherwise, to work at and complete the said work or any part thereof, or so much of said work or such part Liability of thereof as the said board shall direct; and the said contractor and and sure- his sureties, so failing to perform said contract shall be jointly and severally liable to the city of Middletown for any and all loss or damage caused by their failure to complete the contract entered into by them as contractor and sureties ties. Limitation of cost. Payment over of excise moneys to fund. § 10. The total cost of the erection of said city hall, with the materials, apparatus and land therefor, and including all expenses and compensation for which provision is made in this act, shall not exceed, in the aggregate, sixty thousand dollars. § 11. The commissioners of charities of said city are hereby authorized and empowered to pay ten thousand dollars of accumu lated excise moneys of said city now under their control, and not needed for the support of any poor of said city, to the treasurer of said city, to be a part of the fund hereinafter mentioned, and to be by said treasurer deposited accordingly. as to execu tion of con tract and total cost. bonds. § 12. Upon the execution of the contract or contracts afore. Certificate said, the said board of commissioners shall certify that fact to the common council of said city, and also that the total cost of the erection of said city hall, with the materials, apparatus and land therefor, and including all expenses attending the same, wil not exceed the sum of sixty thousand dollars. Whereupon it Issue of shall be the duty of the common council of said city, by resolution duly adopted and approved by the mayor, to cause registered o coupon bonds of said city to be issued, in the name and upon the credit of said city, to be signed by the mayor and city clerk, ir such sum as the said board of commissioners shall certify is neces sary to be borrowed, over the said ten thousand dollars of excise moneys, for the purposes of this act, but not to exceed the sum of fifty thousand dollars, payable in such amounts and at such times and bearing such interest as a majority of the commissioners shall decide at a meeting called for that purpose. bonds. proceeds. § 13. Thereupon the treasurer of said city shall suitably adver- Sale of tise for proposals for the purchase of said bonds and he shall sell them to the party or parties offering to pay the highest price therefor, but not less than their par value. The proceeds arising Deposit of from such sale shall be by him deposited one-third thereof in each of the two national banks of said city and one-third thereof with the Orange county trust and safe deposit company to be kept by said banks and trust and deposit company as a fund separate and apart from all other funds of said city and to be known as "the city hall fund." All payments from such fund shall be Payments made upon the order of said board of commissioners signed by the chairman and secretary of the said board of commissioners and upon the check or warrant of the treasurer of said city upon such bank or trust and deposit company as may hold such deposit, which order of the board of commissioners shall in each case accompany the check or warrant of the city treasurer and be presented to and left with the bank or trust and deposit company with such check or warrant in order to authorize any payment from such fund. from city hall fund. bonds § 14. The treasurer of said city shall keep in his office a record Record of of such said bonds as he shall sell by number, date, account and issued. payee, subject at all reasonable times to the inspection of said commissioners and the common council of said city. He shall also open an account on the books in his office wherein shall be Fund account. kept a true and accurate statement of the condition of said fund, charging himself as such city treasurer with the full amount which shall be received by him upon the sale of such bonds including all premium thereon, together with said excise moneys received and deposited in bank to his credit as such city treasurer, and crediting himself with the amount of each check or warrant drawn by him upon such fund as and when the same is drawn. Reports of He shall report to the said board of commissioners and to the common council the condition of such fund whenever called upon to do so by said board or the common council. condition of fund. Advances for expenses. Payment of bonds est. Surplus excise moneys payable to treasurer. § 15. The treasurer of said city is hereby authorized, upon the resolution of the common council directing the same, to make advances for the necessary expenses of the said commissioners incurred prior to the sale of such bonds or the deposit of said excise moneys with him and upon their order requiring the same, out of any funds in his possession or subject to his control, to be reimbursed from the proceeds of such sale of bonds. § 16. Said bonds as they become due and the interest thereon and inter- shall be paid from the surplus excise moneys of said city and one thousand dollars to be raised by tax each year. For this purpose, the commissioners of charities of said city are hereby authorized and empowered to pay to the treasurer of said city in each year, until said bonds are paid, the amount of excise moneys subject to their control and over the amount needed in that year for the support of the poor of said city, and it shall be the duty of the common council of said city to cause to be raised by tax, upon the taxable property of said city in the same manner as other taxes are levied, one thousand dollars in each year until said bonds are paid; and in case such surplus excise moneys and tax so raised shall be insufficient to pay the amount of principal of said bonds and the interest thereon as the same become due, said common council shall, in like manner, raise a sum of money sufficient to pay the deficiency. Annual tax. Eligibility to office. contracts, etc., pro § 17. No member of the common council shall be eligible to the office of commissioner under this act, nor shall any member of Interest in said common council or any officer of said city, nor any commissioners under this act be in any way interested in furnishing any materials, supplies or labor for the construction of said city hall. § 18. Upon completion of their duties, said commissioners shall deposit the book of their record of their proceedings and all other hibited. records, completion of duties. books kept by them, and all plans and specifications approved by Deposit of them, and all other documents and vouchers connected with their etc., upon duties, in their possession or under their control, in the office of the city clerk of said city there to be preserved among the records of his office. of balance 19. Upon the completion of the city hall and when all bills, Disposition accounts and contracts shall be paid and discharged, the said in bank. board of commissioners shall execute and deliver to the treasurer of said city an order for the balance, remaining in any bank of banks or in said trust and deposit company to the credit of said treasurer, or of the said city hall fund, and the said city treasurer shall draw the same upon his check or warrant and cause the same to be deposited to the credit of the general fund of said city, whereupon the commission hereby created shall Dissolution dissolve. § 20. This act shall take effect immediately. of commission. Chap. 503. AN ACT to amend section thirty-three of title eight of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," as amended by chapter eight hundred and seventy of the laws of eighteen hundred and seventy-one. APPROVED by the Governor April 29, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : amended. Section 1. Section thirty-three of chapter two hundred and Act ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," as amended by chapter eight hundred and seventy of the laws of eighteen hundred and seventy-one," is hereby amended so as to read as follows: of village § 33. The board of supervisors of a county having as shown by Extension the then last preceding federal or state enumeration, a population boundaries, of not more than eighty thousand inhabitants, are hereby authorized and empowered to extend the boundaries of any incorporated village within such county, upon the petition of the president and board of trustees of such village and of one-half of the electors resident within the portion of terri |