CHAP. 24. AN ACT making an appropriation for continuing work on the new capitol, during the winter and spring of the year eighteen hundred and eighty-one. PASSED March 2, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ated to senate and SECTION 1. The sum of one hundred thousand dollars is hereby appro- $100,000 priated out of surplus balances now in the treasury of the state, not appropri otherwise appropriated, toward the completion of the senate and complete executive chambers of the new capitol building; which amount shall executive be paid by the treasurer, upon the warrant of the comptroller, to the chambers. order of the new capitol commissioners, as they shall require the same. Together with a further sum of one hundred and fifty thousand dollars, $150,000 to which amount shall be paid by the treasurer upon the warrant of the partstone comptroller to the order of the new capitol commissioners, the same to be used exclusively to put the stone-cutters at work on stone now delivered, and being delivered on contracts now in force. And that the treasurer is authorized to take the same from any unexpended appropriations in his hands, and to reimburse the treasury out of the general appropriation for completing the new capitol, when the same becomes a law. § 2. This act shall take effect immediately. CHAP. 25. AN ACT further to amend chapter four hundred and seventeen of the laws of eighteen hundred and seventy-seven, entitled "An act to repeal certain acts and parts of acts." PASSED March 9, 1881; three-fifths being present.* The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision seventeen of section three of chapter four hundred and seventeen of the laws of eighteen hundred and seventyseven, entitled "An act to repeal certain acts and parts of acts," is hereby further amended so as to read as follows: to affect 17. The repeal of the laws conferring upon a graduate of the law Repeal of department of the University of Albany, or of the law school of Co- laws not lumbia College, or of the law department of Hamilton College, or of certain the law department of the University of the city of New York, the students. right to be admitted to practice as an attorney and counselor at law, upon the production of his diploma, does not affect the right of a person who was a student in, or was graduated by either of those departments or schools, on or before the first day of April, eighteen hundred and eighty, to be so admitted at any time, within one year after this Not returned by the governor within ten days after it was presented to him, and became a law without his signature March 9, 1881. Comptroller to certify unpaid amendatory act takes effect, upon his complying with the existing CHAP. 26. AN ACT to provide for the payment of certain awards for the widening of Prospect avenue, in the city of Brooklyn. PASSED March 14, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The comptroller of the city of Brooklyn shall, within sixty days after the passage of this act, certify to the mayor and comawards. mon council of said city the amount of all unpaid awards for damages to property by the opening and widening of Prospect avenue under the provisions of chapter eight hundred and forty-four of the laws of eighTreasurer teen hundred and sixty-eight, and thereupon the city treasurer shall, upon the warrant of said mayor and comptroller, pay the holders of such unpaid awards the amounts thereof, respectively, with interest thereon from the first day of January, eighteen hundred and seventysix. to pay. Comptrol certifi cates of indebtedness. § 2. For the purpose of paying said awards and interest the said. ler to issue comptroller is authorized to issue the certificates of indebtedness of said city for the amount thereof payable in three years, with interest not exceeding five per cent per annum, and borrow the money thereon. All assessments for said improvement that may be collected shall be applied to the payment of said certificates, and in the year eighteen hundred and eighty-three, any deficiency that may exist in said fund for the payment of said certificates shall be levied and collected in and as a part of the annual tax to be levied on the property in said city in said year. 3. This act shall take effect immediately. CHAP. 27. AN ACT to amend chapter four hundred and ninety-three of the laws of eighteen hundred and eighty, entitled "An act defining the powers and duties of the superintendent of public works," passed May twenty-eight, eighteen hundred and eighty. PASSED March 14, 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 three of chapter four hundred and ninety-three Before of the laws of eighteen hundred and eighty, entitled "An act defining money is the powers and duties of the superintendent of public works," is detailed hereby amended so as to read as follows: advanced, statement to be made by §3. Before any advance of money shall be made to a superintendent made. of canal repairs, he shall make out a detailed statement, covering a Advances, period of two months, in such form as the superintendent of public when to be works shall prescribe, of the several proposed objects of expenditure on auditor. the line of canal under his charge. After the said estimates are filed in the office of the auditor of the canal department, with the certificate of approval thereon of the superintendent of public works, the auditor of the canal department shall make advances thereon, provided that such advances shall not exceed the amount certified by the superintendent of public works. §2. This act shall take effect immediately. CHAP. 28. AN ACT to authorize the Chautauqua Lake Sunday School Assembly to subscribe for and take stock in a corporation known as "The Chautauqua Assembly Hotel Company." PASSED March 14, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: School hotel SECTION 1. It shall be lawful for the Chautauqua Lake Sunday Sunday School Assembly, a corporation duly incorporated under and in pur- Assembly suance of the laws of this state, located at Chautauqua, in the town may take of Chautauqua, county of Chautauqua, New York, to subscribe for stock in and take stock in the Chautauqua Assembly Hotel Company, a cor- company. poration formed for the business of erecting buildings for hotel purposes, and the business of keeping hotels, the place of business whereof is the grounds of the said Chautauqua Lake Sunday School Assembly at Chautauqua, in the town of Chautauqua, state of New York, in an Amount. amount not exceeding the sum of twenty-five thousand dollars; and the said Chautauqua Lake Sunday School Assembly shall have the same rights and be subject to the same liabilities of any other stockholder of said Chautauqua Assembly Hotel Company. §2. This act shall take effect immediately. Executive board, with consent of common council, may ac quire title to real estate for water works Title, how in of failure to consent of obtain owner. CHAP. 29. AN ACT to empower the executive board of the city of Rochester to acquire land and other property for the water works of said city. PASSED March 15, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The executive board of the city of Rochester, by and with the consent of the common council, is hereby authorized to acquire by purchase or in pursuance of the provisions of this act, the title to the lands, waters, lakes, springs, ponds, or streams, or any easement therein, which may be necessary for the purposes of the water works of said city. In case the said executive board is unable to obtain by purchase the said lands, waters, lakes, springs, ponds, or streams, or easements therein, they shall be, and are hereby authorized to proceed to acquire such title or rights in the manner hereinafter specified. §2. The said board may present a petition in the name of the city acquired of Rochester, praying for the appointment of commissioners of appraisal, to the supreme court at any general or special term thereof held in the seventh judicial district. Such petition shall be signed and verified either by the mayor of said city or any member of said executive board. It shall contain a description of the property or rights which are sought to be acquired, and must state, in effect, that the property so sought to be acquired is requisite for the purpose of constructing, improving or operating said water works; that the said city or said. executive board has not been able to acquire title thereto, and the reason of such inability. It must also state the names and places of residence of the parties who own or have, or claim to own or have, estates or interest in the property so sought to be acquired, so far as the same can, by reasonable diligence, be ascertained. If any of such persons are infants, their ages, as near as may be, must be stated, If any are idiots, or persons of unsound mind, or unknown, that fact must be stated, together with such other allegations and statements of liens, or incumbrances, as the said executive board may see fit to make. Copy of petition to be served. How served. §3. A copy of such petition, with a notice of the time when and and notice place where the same will be presented to the supreme court, must be served on all persons whose interests are to be affected by such proceedings, at least ten days prior to the presentation of such petition to the court. If the person upon whom such service is made resides in this state and is not an infant, idiot or person of unsound mind, service of a copy of such petition and notice must be made upon him personally or by leaving the same at his usual place of residence with some person of suitable age. If the person on whom such service is to be made resides out of this state and in any of the states of the United States, or in any of the British colonies in North America, such service must be made by delivering to such person personally or leaving at his last place of residence, if known, a copy of such petition and notice at least thirty days before presenting the same to the court; or such service may be made by publishing a notice stating briefly the object of the application, and giving a description of the land or other property to be taken in the state paper and in a news In case of non-residents. guardians mittees of paper printed in the county in which the property to be taken is situated, once a week for six weeks next previous to the presentation, and by depositing a copy of the petition and notice in the post-office at Rochester, properly folded and directed to such person at his post-office address, if the same can be ascertained, and if not, at the post-office nearest his last place of residence, at least thirty days before presenting such petition to the court, and paying the postage thereon. If such person Service on is an infant and resides in this state, such service shall be made as grants aforesaid upon his general guardian, if he has one, and upon such infant. personally, if over the age of fourteen years; if under that age, then upon the person who has the care of, or with whom such infant resides. If the person upon whom such service is to be made is an idiot or of On comunsound mind, and resides in this state, such service may be made idiots, etc. upon the committee of his person or estate. If he has no such committee, then upon the person who has the care and charge of such idiot or person of unsound mind. If the person upon whom such service is On unto be made is unknown, or his residence is unknown, and cannot by reasonable diligence be ascertained, then such service may be made, under the direction of the court, by publishing a notice stating the time and place where the petition will be presented and the object thereof, with a description of the land or other property to be affected by the proceedings, in the state paper, and in a paper printed in the county where the land or other property is situated, once in each week for six weeks previous to the presentation thereof to the court. In all In cases cases not herein otherwise provided for service of the petition, notices vided for, and other papers in the proceedings authorized by this act shall be as the made as the supreme court in the seventh judicial district, or a judge directs. thereof, shall direct. known owners. not pro court to be § 4. In case any party to be affected by the proceedings hereby au- Special thorized is an infant, idiot or of unsound mind, and has no general guardian guardian or committee, the court to which such petition shall be pre- appointed. sented shall, before taking any other proceedings thereon, appoint a special guardian to attend to the interests of such person in such proceeding. If a general guardian or committee has been appointed for General such person in this state, it shall be the duty of such general guardian guardian. or committee to attend to the interest of such infant, idiot or person of unsound mind. The court may require such security to be given by Security. such general or special guardian or committee as it may deem necessary to protect the rights of such infant, idiot or person of unsound mind. All notices required to be served in the progress of the proceedings may be served on such general or special guardian or committee. Any person may appear in such proceedings by an attorney, Persons upon whom all papers shall be served at the place designated by him may in such notice of appearance. The court shall appoint some competent attorney. attorney to appear for and protect the rights of any party in interest Attorney who is unknown, or whose residence is unknown, and who has not known appeared in the proceedings by an attorney or agent. appear by for un owners. ings in tion of $5. On presenting such petition to the supreme court as aforesaid, Proceedwith proof of service of a copy thereof, and notices aforesaid, any of the court on persons whose estates or interests are to be affected by the proceedings presenta may show cause against granting the prayer of said petition, and may petition. to that end disprove any of the facts alleged therein. The court shall hear the proofs and allegations of the parties. And if no sufficient Appoint cause is shown against granting the prayer of the petition, it shall commismake an order for the appointment of three disinterested and competent freeholders, who reside in the county where the property to be ment of sioners. |