along said alley thirty-six feet to Fly street; and thence easterly along Fly street seventy feet, to the place of beginning. Also, all that certain other piece or parcel of land in said city of Buffalo, bounded as follows: Beginning at a point in the south-westerly line of Jackson street Ibid. continued at the distance of forty feet southerly from an alley running from Fourth street to said Jackson street along the southerly side of a slip, thence southerly along said Jackson street continued thirty feet; thence westerly at right angles ninety feet to an alley twenty feet wide; thence northerly parallel with Jackson street thirty feet; and thence easterly parallel with the first-mentioned alley ninety feet to said street so continued, be the same more or less. To have and to hold, all and singular, the above mentioned and To be held described lands and premises, together with the buildings thereon in trust. erected and all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title and interest, property, possession, claim and demand whatsoever, as well in law as in equity of the said party of the first part unto the said party of the second part and its successors forever in trust nevertheless, and to and for and upon the following uses, intents and purposes and subject to the following conditions and restrictions: erected. First. The said society shall, so soon as may be practicable, cause Public hall to be erected upon the parcel of land at the south-west corner of Swan tote and Michigan streets heretofore conveyed to it by the said Benjamin Fitch, or partly on such land and partly on the land hereby conveyed, a suitable and commodious building with a public hall therein, to be devoted to the intellectual improvement of working people and of the good and worthy poor of Buffalo, without reference to creed or nationality. Such building, together with the adjacent land bounded by Swan, Michigan and Seneca streets herein or heretofore granted to the said Charity Organization Society by the said Benjamin Fitch, namely: The lands described in the part of the foregoing descriptions designated as first, and being one hundred and twelve feet on Seneca street, running about four hundred feet to Swan street and bordered on the one side by Michigan street, and upon the other side by a line parallel therewith and including all within those boundaries save two small pieces not owned by the said Benjamin Fitch, shall never be sold nor sub- Never to jected to mortgage or other lien by the said Charity Organization So- mortciety; but the income, rents and profits thereof, whether of improvements now standing upon said land or of those which may hereafter be erected, shall be collected by said grantee in trust, to devote the same to the same uses and purposes as those to which the income, rents and profits of the residue of said lands herein before described are hereinafter directed to be devoted. be sold or gaged. that may Second. The said Charity Organization Society may sell, mortgage Property or lease the residue of the premises hereby conveyed, namely: All lands be sold, described in the part of the foregoing descriptions designated as second, etc. and each and every part thereof, and may receive the proceeds; but such residue, so long as it shall remain unsold, and the proceeds thereof, if sold, and all moneys received from the mortgage thereof shall, subject to their right to devote as much as may be necessary to the erection of said building, be held by the said Charity Organization Society in trust, to collect the rents and profits of such residue of the property, and to invest and keep invested the proceeds of any moneys Annuity to Benj. Fitch. realized therefrom, and to collect the income thereof; and such income, rents and profits to devote to keeping all buildings now standing upon or hereafter, by said organization, to be erected upon any of said property, insured against fire and in good repair, and afterward to maintaining the said hall and to the other uses and purposes hereinafter mentioned; that is to say, that there shall be paid by the said Charity Organization Society to the party of the first part, until the end of his life, monthly, the sum of three hundred dollars, such payment being an application to his use, as now agreed by the parties hereto, the right and obligation to make such payment to cease with the life of the said Benjamin Fitch; and subject to the aforesaid proBalance of visions, that all such income, rents and profits shall be applied to the Income physical, moral and intellectual benefit of the worthy poor of the city of Buffalo, without distinction of creed or sex. And to that end but subject as to the mode for the accomplishment of said object, to the full and absolute discretion of the said society, the following purposes are specified, as those to which the said Benjamin Fitch desires that said rents, profits and income shall be applied. to to benefit of poor. Purposes. If Charity Organization So to dis charge trust, property to vest in trustees to be ap pointed by supreme court. 1. To maintain, in the said hall, a course of free lectures each year, on scientific and other instructive topics. 2. A free reading room. 3. A provident coffee and soup room. 4. A dispensary for supplying medicines and medical attendance. 5. A training school in domestic work for girls. 6. A hospital for temporary treatment of persons injured. 7. A place of deposit for small sums of money (not exceeding for any one person $50) by working people, to be drawn out by them as their needs may require, or to be made good to them in orders upon stores, with which economical arrangements may be made by the said society for the purchase of the necessaries of life for such depositors. The perpetual use to which said building and institution are to be devoted is herein described, and they must as a condition of this grant, never, in any degree, be diverted therefrom. Third. And it is hereby covenanted and agreed by and between the parties hereto, as a condition of this conveyance, and the said grantee ciety fails in trust accepts it upon condition, that if the said building shall not be promptly erected by the said Charity Organization Society, or if it shall in any respect fail to carry out the uses and purposes herein provided according to the full tenor and effect hereof, upon a determination to that effect by the supreme court sitting in the judicial district, which shall embrace Buffalo, at the suit of any resident tax payer of the city of Buffalo, the premises hereby conveyed so far as the same shall remain unsold, including said building and all proceeds of the premises and moneys realized therefrom, shall vest in and belong to three trustees, residents of Buffalo and their successors, to be from time to time appointed by the supreme court for the said district, who shall hold the same in trust to execute the purposes and carry out the uses herein prescribed and with the powers in reference thereto hereby conferred upon the said society." Such trustees shall hold office during good behavior; they may at any time resign, and they may at any time be removed by the supreme court sitting in the said district. In witness whereof, said party of the first part has hereto set his one thousand eight hundred hand and seal the and eighty-one. day of trusts. § 2. The said Charity Organization Society of Buffalo, and in the Power to event of their appointment, its substitutes, the trustees mentioned in execute said deed are hereby authorized and empowered to execute the trusts and powers mentioned in and intended to be created by the said deed and to receive and hold the property and premises therein described for the purposes and upon the terms and subject to the conditions and restrictions therein expressed; and subject to the same restrictions and conditions and for the same uses, intents and purposes, to receive and hold such other property, real and personal, as from time to time may be given or devised to it or them; and for the purposes and to the extent provided or contemplated in the said deed, said trusts, powers, conditions, restrictions, uses, intents and purposes are and shall be valid and effectual and controlling, upon all who are or may be concerned. § 3. The said Charity Organization Society shall, in the month of Annual December in each year, render an annual account, under oath, of its account. receipts and disbursements, to the common council of the city of Buffalo and to the legislature of this state. § 4. The building to be erected as provided by said deed shall be Name of called "The Fitch Institute," and it and the land upon which said building. building shall be erected shall be exempt from local taxation. court. § 5. The supreme court shall have and exercise a supervisory power Supervisover the said Charity Organization Society, and may upon its own mo- of ory power tion or upon application at any time of a resident tax payer of the city supreme of Buffalo, compel from said society, its successors and substitutes, a full account of all proceedings in the execution of the trusts hereby authorized; and may appoint trustees as in said conveyance provided, both originally and to fill vacancies, and shall have power to remove trustees so appointed. § 6. This act shall take effect immediately. CHAP. 113. AN ACT to amend chapter three hundred and sixty-five of the laws of eighteen hundred and seventy-one, entitled "An act to incorporate the New York Cotton Exchange." PASSED April 19, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter three hundred and sixty-five of the laws of eighteen hundred and seventy-one, entitled "An act to incorporate the New York Cotton Exchange," is hereby amended so as to read as follows: tion. § 1. The members of the association known as the New York Cot- Corporaton Exchange, and all other persons who may hereafter become associated with them under the provisions of this act, are hereby created a body corporate by the name of the "New York Cotton Exchange," Name. with perpetual succession and power to use a common seal, and alter the same at pleasure, to sue and be sued, to take and hold by grant, purchase and devise, subject to the provisions of law relating to devises and bequests by last will and testament, real and personal prop To order building of side erty to an amount not exceeding one million dollars for the purpose of such association, and to sell, convey, lease and mortgage the same, or any part thereof. §2. This act shall take effect immediately. CHAP. 114. AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and sixty-seven, entitled “An act to incorporate the city of Binghamton." PASSED April 19, 1881; 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 four of chapter two hundred and ninety-one of the laws of eighteen hundred and sixty-seven, entitled "An act to incorporate the city of Binghamton," is hereby amended by adding thereto as follows: To compel the owner of premises to build sidewalks and set curbstones in front of the same, and of the materials and in the manner directed. § 2. The amendment to section five of title four of said act, passed March tenth, eighteen hundred and seventy, being chapter fifty-three walks, etc. of the laws of eighteen hundred and seventy, is hereby further amended so as to read as follows: To order the building and maintaining of all sidewalks, the grading and trestling therefor, the building of necessary retain-walls to prevent the earth from caving from underneath said walks, the setting of curbstones, and also to determine and prescribe by resolution or standing ordinances the dimensions of such walks, walls and curbstones, the materials which shall be used therein, the manner of their construction and repair, and the grade upon which they shall be laid. Duty of streets. 83. Section fourteen of title five of said act is hereby amended so as to read as follows : § 14. It shall be the duty of the superintendent of streets to supersuperit of intend, under the general direction of the mayor and common council, all work to be done or performed or ordered or required to be done or performed upon the streets, avenues and public places of the city, the building and repairing of sewers, pavements, crosswalks, sidewalks, gutters and bridges; the grading, repairing and cleaning of streets or other work thereon. He shall purchase or provide, at the expense of the city, all necessary materials, hire and employ the requisite laborers and direct them as to the time and manner of the execution of their work, except as otherwise herein provided; he shall, within said city, possess the powers and perform the duties of overseers of highways, so far as such powers and duties shall be required to be performed therein and are consistent with this act. He shall not be, directly or indirectly, interested in any work, or contract to work or furnish materials for said city. Before entering upon the duties of his office he shall file with the clerk a bond, with such penalty and with such sureties as the mayor shall approve, conditioned that he will faithfully discharge the duties of his office. Whenever the common council shall order any work to be done, specified in this section, it may give such directions Bond. Appro priations. tinued propria materials, etc. as to the manner of doing such work as it may deem proper, and shall also make such appropriation therefor as it shall deem necessary. In case, however, of local improvements, or for work done, the payment for which is directed to be assessed locally, no appropriation shall be necessary. The council may also make appropriations to be expended by the superintendent of streets in his discretion, and he shall expend the same in cleaning, grading and repairing the streets and appurtenances; but no work shall be done except in conformity to grades established by the common council. When any appropriation shall Work to be exhausted, the superintendent shall discontinue the work for which be disconthe same was made; in case he fails so to do, he with his sureties shall when apbe personally liable for all work done after such appropriation is ex- tion exhausted, unless the council deem proper to make a further appropria- hausted. tion for the same purpose. When such appropriation shall be ex- Bills for hausted, or before, if he shall deem proper, or be required by the common council, the superintendent shall present to the council all bills of claimants for materials furnished, made out and verified as provided in section five of title nine of this act, also a statement under oath, setting forth the amount of work done, and when and where done, the names of the persons employed by him, the amount of time each was employed, their wages per day and the amount due each. The appropriate committee of the council shall examine such bills and statements and report thereon at the next meeting of the council. Upon their report and resolutions of the common council, warrants Payment shall be drawn payable to the order of the several persons presenting claims, or whose names appear in the statements for the amounts due them respectively; such warrants the superintendent shall deliver personally to the persons in whose favor they are drawn, in payment of the amount due them. It shall also be the duty of the superin- Further tendent of streets to see that all sidewalks are laid and curbstones set, superinupon the grade and in the manner directed by the resolutions or stand- tendent ing ordinances of the council, and in case the owner of any premises, stones.etc. in laying a walk or setting curbstones in front of the same, shall have neglected or refused to comply with the requirements of said resolutions or standing ordinances, the superintendent of streets shall have power and it shall be his duty to cause the walk to be relaid or curbstones to be reset in conformity with such resolutions or standing ordinances, and return the expense thereof to said council to be assessed as in case of other walks. § 4. Section five of title seven of said act is hereby amended so as to read as follows: of claims. duty of as to curb use of which to be § 5. It shall be lawful for the clerk to bid in at such sale, for the use Clerk to of the city, any lot of land or premises put up for which no person will be uttity offer to bid, and, if previously authorized by the common council, any lots for lot of land or premises upon which the city may have any lien or claim, no person and he shall thereupon place on file for the use of the city a certificate shall bid. of such sale. No mortgagee or judgment creditor, whose mortgage or Owners, judgment shall have been duly recorded before sale for any tax or as- etc., not sessment, and no owner, occupant or other person interested therein divested of shall be divested of his rights in such property unless six months' no- title tice in writing of the purchase of such property shall have been sent notice. to him by the purchaser or those claiming under him, either personally, or if not found in the city, by mail, directed to him at his last known place of residence; in case, however, where the clerk has bidden the property in for the use of the city, it shall only be necessary in the service of such notice divesting any mortgagee, judgment except on |