Chap. 126. AN ACT providing for the erection of a state armory in the city of Amsterdam, Montgomery county, the acquisition of a site therefor and making an appropriation for building said armory. APPROVED by the Governor March 11, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Appropria sion to make ex of expendi Section 1. The treasurer shall pay on the warrant of the comp- tion. troller, the sum of thirty-two thousand dollars, which sum is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the erection of an armory in the city of Amsterdam, Montgomery county, for the use of the national guard of the state of New York, there located, to be expended Commis under the direction of the adjutant-general, the inspector-general penditure. and the chief of ordnance of this state, who are hereby appointed commissioners therefor. But no part of this appropriation, except for plans and expenses of the commission, shall be expended Conditions by the said commissioners, until an indefeasible title, to be ture. approved by the attorney-general, to a suitable site for such armory, to be approved by the adjutant-general, free from all incumbrances, without expense to the state, shall be vested in the people of this state, nor until upon plans and specifications of said buildings submitted by the architect to such commission, and until they shall be satisfied that the buildings, including necessary sewerage, and the necessary expenses of the commissioners and for superintendence and inspection of the work, can and will be completed within the limits of the sum herein appropriated. to comp troller. Whenever the commissioners above named shall have Statement incurred any expenditure under this act, or any sum or sums shall become due under any contract authorized by this act, they shall make and file with the comptroller, a statement thereof under their hands, and the comptroller shall thereupon examine and audit the same and draw his warrant upon the treasurer for the sum he shall find to be due. The title to said land shall be and vested in the people of the state of New York, and in case the land or any part thereof can not be obtained by agreement with the owner or owners thereof, the said commission shall acquire title thereto by the exercise of the right of eminent domain in pro Title to Site for armory. Cost limited. Plans. Contracts for work. Contractor's bond. Issue of certificate of indebtedness. Tax for certificate and interest. ceedings duly taken and had under and in accordance with the provisions and requirements of the condemnation law. § 2. The site selected for said armory shall be not less than one hundred and fifty feet broad and two hundred feet deep. It shall be prominently and conveniently located, and the ground must be solid and not made land, and not near any marsh or running water. The cost of said land, including the amount to be expended thereon for grading and otherwise as hereinafter mentioned, shall not exceed twenty thousand dollars. Plans and specifications of said armory shall be prepared in detail and shall receive the approval of said commissioners and all work upon said armory structure except the interior finishing and furnishing shall be done by contract, executed by and between the contractor or contractors and said commissioners, which contract or contracts shall be awarded to the lowest responsible bidder or bidders after due publication and advertisement, based upon said plans and specifications. § 3. The contractor or contractors for such construction shall, before commencing the same, make and execute to the state a bond in such form as said commissioners shall prescribe, in the penalty of ten thousand dollars, with two sureties, to be approved by the chairman of said commission, conditioned for the faithful performance of such work of construction. § 4. The county treasurer of the county of Montgomery whenever a written notice shall be served upon him, by the said commission that such land has been contracted for or purchased or the title thereto has been acquired as above directed, shall execute in behalf of and in the name of the county of Montgomery, a certificate of indebtedness for the moneys required to purchase such site, and to pay the cost of grading, filling, excavating, draining, paving of streets, paving of sidewalks and fencing of such lands, and shall after ten days notice specifying the time and place where bids will be received for the purchase of such certificate, sell the same to the highest bidder; such notice shall be published for ten days in two newspapers in the county of Montgomery. The aforesaid certificate shall bear interest at the rate of, not to exceed five per centum per annum, and shall be made payable on the first day of February following the expiration of two months from its issue, and the amount thereof, and the interest thereon shall be raised in the next tax budget of said county, succeeding bonds. its issue, and applied to the payment of such certificate, provided however, that if in the judgment of the board of supervisors of said county of Montgomery, it shall be deemed for the best interest Issue of of said county not to raise all the funds necessary to pay such certificate in full from the tax levy next succeeding the issuance thereof by the treasurer of said county as aforesaid, they are hereby authorized and empowered to raise the whole or any portion of the amount of such certificate by issuing and disposing of bonds of said county in such denominations, for such time and in such manner as they may determine, the interest thereof not to exceed five per centum per annum. The proceeds of the sale of such cer Proceeds of tificate shall be retained by the county treasurer and shall be by certificate. him paid out upon the written requisition of the aforesaid commission, by which it shall be applied to the payment of the amount of the purchase price or cost of said land, and any damages for awards or compensation, which may be made under the proceedings to acquire said title, and the cost of acquiring said title and the grading, filling, excavating, draining, paving of streets, flagging of sidewalks and fencing of such lands. § 5. This act shall take effect immediately. sale of Chap. 127. AN ACT to amend sections seven hundred and three and seven hundred and four of the code of criminal procedure, relative to trials by jury in courts of special sessions. APPROVED by the Governor March 13, 1893. Passed, 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 hundred and three of the code of criminal procedure is hereby amended to read as follows: jurors. § 703. If a trial by jury be demanded, the court must forthwith Drawing of draw from the box or other receptacle kept and used in accordance with the requirements of the code of civil procedure, relative to the drawing of jurors in justice courts in civil cases, twelve of the ballots provided for in section twenty-nine hundred and ninety and twenty-nine hundred and ninety-one of the code of civil procedure to be kept and used by justices of the peace in civil cases. If a person whose name thus drawn, shall, in the Order to summon jury. Town or city clerks to furnish jury lists. opinion of the court, reside more than three miles from the place where the said issue is to be tried, the court may set aside such juror, and in that case draw another ballot and so can continue until twelve be drawn to serve as jurors. The court must thereupon insert the names of the persons so drawn in an order directed to any constable of the county, or marshal or police officer of the city or village where the offense is to be tried and having authority to execute process of the court, commanding him to summon the persons therein named to appear before the said court at a time not more than three days from the time of the making of said order, unless the trial of said issue be longer adjourned by consent and at a place named therein, to constitute a jury for the trial of the alleged offense. It shall be the duty of every town or city clerk in this state, within ten days after the taking effect of this act, to make and deliver to every recorder, police justice or other judicial officer having authority to hold courts of special sessions in their respective towns or cities in accordance with the provisions of this title, a certified copy of the jury list as is now required by section twenty-nine hundred and ninety of the code of civil procedure to be furnished by them to the justices of the peace of their various towns and cities for the drawing of jurors in civil actions, and any such clerk neglecting or refusing so to Boxes for do shall be deemed guilty of a misdemeanor. The boxes or other receptacles now used by justices of the peace for the purpose of drawing jurors in civil cases shall be used by them for drawing jurors to serve in courts of special sessions as herein provided, and recorders, police justices and other judicial officers empowered to hold such courts of special sessions, as provided by this title, are hereby required to procure and use the same in the manner provided by this section. drawing jurors. Jury, how summoned. Return. § 2. Section seven hundred and four of the code of criminal procedure is hereby amended to read as follows: § 704. The court must deliver, or cause to be delivered, the said order to any officer to whom the same is directed and empowered to execute the same. The officer to whom said order is so delivered must thereupon summon personally each of the persons drawn and named therein to serve as such jurors by exhibiting to them the said order and at the same time reading to or stating to them the substance thereof. He shall then make his return to said order certifying that he personally served it upon each of nonattend ance. the persons named therein and in each case of his being unable to do so the reason thereof. Any person so summoned not attend. Penalty for ing at the time and place and not having sufficient legal excuse for doing so, specified in said order, is hereby declared guilty of contempt of court and is punishable by a fine not exceeding fifty dollars or imprisonment not more than thirty days, or by both such fine and imprisonment. take effect. § 3. This act shall take effect September first eighteen hundred When to and ninety-three. Chap. 128. AN ACT in relation to Putnam avenue in the city of Brooklyn. Consent for upon Section 1. None of the provisions of existing law, nor any pro- railways ceedings thereunder, shall authorize the construction, maintenance, avenue. extension or operation of any surface, elevated or steam railway upon Putnam avenue in the city of Brooklyn, or any portion of the same, between Nostrand avenue and the city line, except that the consent of a majority of the owners of property, in numbers and value thereof, bounded on Putnam avenue between said Nostrand avenue and the city line, be first obtained in writing duly acknowledged as are deeds entitled to be recorded. § 2. This act shall take effect immediately. Chap. 129. AN ACT relative to the chief engineer having charge of the county buildings in counties of this state having upwards of seven hundred thousand inhabitants. APPROVED by the Governor March 14, 1893. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: chief en Section 1. In all counties of this state containing upwards of Duty of seven hundred thousand inhabitants, it shall be the duty of the. commischief engineer of the commissioner of charities, or the commission- charities, ers of charities and correction, or other officers having charge of sioners of etc. |