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Chap. 430.

AN ACT to authorize the Springville Water-works Company to supply the village of Springville with electric lights.

APPROVED by the Governor April 18, 1893.

The People of the State of New and Assembly, do enact as follows:

Passed, three-fifths being present.
York, represented in Senate

Section 1. The Springville Water Works Company of Springville, Erie county, New York, are hereby authorized to contract with, and supply the said village of Springville with electric lights, with the same rights and privileges and subject to the the same restrictions as an electric light company formed for that purpose under article six of the transportation corporations law. § 2. This act shall take effect immediately.

Chap. 431.

AN ACT to amend chapter one hundred and thirty-one of the laws of eighteen hundred and eighty-five, entitled "An act to incorporate the city of Amsterdam."

APPROVED by the Governor April 18, 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. Sections fifty-nine and ninety-eight of chapter one Charter hundred and thirty-one of the laws of eighteen hundred and eightyfive are hereby amended to read respectively as follows, to take effect immediately:

estimate of

§ 59. The common council shall, as soon as practicable after the Annual passage of this act, and on the first Tuesday in April in each year expenses. thereafter, make a careful estimate for the fiscal year beginning on the first day of March preceding, and ending on the last day of February thereafter, of the expenses of supporting and relieving the city poor, which estimate shall not exceed ten thousand dollars; also, of the expenses of the general repairs of streets and the lighting of the same, and of the expense of the fire department, and of the city expenses for all other purposes, except school purposes; which several estimates, including that for the city poor, shall not Limitation. exceed the sum of sixty thousand dollars, exclusive of the amount to be levied and raised within said city for school purposes and

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Service thereof no CELER C ocempants of lands.

necessary to pay the principal and interest of the bonded indebted-
ness of the city as it falls due.

§ 98. The common council. in their ordines requiring any improve of the improvements, acts or things mentioned in the last-preveling section of this act, shall specify in what manner and within what time and of what materials the same must be made or done. They shall cause to be served, at least twenty days before the expiration of the time so specified for such performation upon the owners or occupants of the lands adjoining set sidewalks so to be improved as aforesaid, a copy of such ordin..nes, with a notice that if the same is not done within a specinedd time by the several owners or occupants of the adjacent land, it will be done by the said common council at the expense of such owners or occupants. Such service shall be made in the manner except as to publication prescribed by section seventy-four of this act for the service Publication of the notice therein required. In addition to such service the

of ordiaASCE.

common council shall also, at least twenty days before the expiration of the time specified for performance, cause a copy of such ordinance to be published in the newspapers printed in said city designated by the common council for publication of official notices, for at least one week, which shall be deemed a sufficient Amdavits publication of such ordinance. Affidavits of the service and puband publication of such ordinance may be filed or recorded or both in the

of service lication.

council to

make im prove

ments.

assessment

office of the city clerk, and the said affidavits, or the records thereof, or a certified copy of either, shall in all courts and places, actions and proceedings, be prima facie evidence of the facts Power of therein stated. In case any such improvement or act or thing so required shall not be made, done or completed as required within the time so specified, the common council shall have power to make, do or complete the same, and Special having done so, shall, without further or other notice, proof expense. ceed to make a special assessment of the expense thereof against the delinquent owners or occupants, and upon the said adjoining lands owned or occupied by them, assessing upon each parcel or lot of land the expense of the sidewalk immediately adjoining it, and a due proportion of the expense of making said assessment, and the said assessment, from the time of filing of the certificate thereof, shall be final and conclusive upon all persons and parties affected thereby. The said common council shall make and file with the clerk a certificate of such assessments

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of assess ments. with war rant at

Collection of assessments.

and a duplicate of said certificate, both of which shall be deemed Certificates originals, and to one of which shall be attached a warrant for the collection of said assessments, and to the other a copy of tached. said warrant and the treasurer's receipt for said certificate and warrant. The certificate shall be substantially in the form prescribed in section ninety-five of this act for the certificate therein required, and shall be signed by the common council, or a majority of them, and the assessment shall be collected in the manner and with the fees prescribed in this act for the collection of the general tax. Any person conceiving himself aggrieved by the said assessment shall have the right to be heard in relation thereto Hearing of grievances. before the common council at their first regular meeting after the delivery of the certificate as aforesaid, and at their second regular meeting after such delivery the common council shall either confirm such assessment or annul the same. If they con- Confirma firm the same, it shall be final and conclusive on all parties and annulment persons interested; but if they annul the same, then all the proceedings of the assessors in relation thereto shall be void, and new proceedings may be taken in the manner prescribed in this section.

tion or

of assess.

ments.

Chap. 432.

AN ACT to provide for improving the sanitary condition of the buildings of the common schools in the city of New York, by alterations and additions in and to the heating and ventilating apparatus thereof.

APPROVED by the Governor April 19, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

troller may

Section 1. The comptroller of the city of New York is authorized Comp upon the application of the board of education of said city, and issue bonds upon the approval of a majority of the board of estimate and apportionment of said city, to issue bonds, in the name and on behalf of the mayor, aldermen and commonalty of the city of New York, for an amount not exceeding two hundred and fifty Limitation. thousand dollars, par value, to be known as sanitary improvement school-house bonds.

§ 2. Said bonds shall be issued from time to time as they may Bonds, how be required by the said board of education, shall be payable

issued, when pay. able, etc.

Proposals for bonds.

Opening

and acceptance of same.

Issue of

certificates.

Proceeds of bonds.

ment

thereof.

from taxation and shall run for such term or terms of years as the said comptroller shall direct, but no longer than twenty years, and shall draw interest at not more than three and one-half per centum per annum.

§ 3. Whenever said bonds shall be issued, the comptroller.of the city of New York shall invite proposals therefor, by public advertisement for not less than ten days, and shall award the same to the highest bidder, provided that no proposal or proposals for said bonds shall be accepted for less than the par value of the same; and said proposals shall be publicly opened by the comptroller in the presence of the commissioners of the sinking fund, or such of them as shall attend at the time and place specified in said advertisement. The said comptroller, with the approval of said commissioners, shall determine what, if any, part of said proposals shall be accepted, and upon the payment into the city treasury of the amounts due by the persons whose bids are accepted, respectively, certificates therefor shall be issued to them as authorized by law.

§ 4. The proceeds of said bonds, when received, shall forthwith be deemed appropriated for improving the sanitary condition of the buildings of the common schools in the city of New York, by alterations and additions in and to the heating and ventilating apparatus thereof, as the board of education of said city shall Disburse determine, and shall be thereafter disbursed by the comptroller of the city of New York, in payment of the liabilities incurred by the said board of education for the purpose aforesaid, upon the requisition of said board, and in the same manner as other moneys appropriated for the maintenance of the common schools in said city are usually paid out, and no expenditure from said proceeds shall be authorized or made without the approval and requisition of the said board of education.

§ 5. This act shall take effect immediately.

Chap. 433.

AN ACT to amend the railroad law.

APPROVED by the Governor April 19, 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 five of the railroad law is amended so as to read as follows, to take effect immediately,

§ 5. When corporate powers to cease. If any domestic railroad corporation shall not, within five years after its certificate of incorporation is filed, begin the construction of its road and expend thereon ten per centum of the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filling such certificate, its corporate existence and powers shall cease. But if any such steam railroad corporation whose certificate of incorporation was filed since the year eighteen hundred and eighty, and whose road as designated in such certificate is wholly within one county and not more than ten miles in length, has acquired the real property necessary for its road-bed by purchase, its corporate existence and powers shall not be deemed to have ceased because of its failure to comply with the provisions of this article; and the time for beginning the construction of its road and expending thereon ten per centum of its capital, is extended until thirteen years from the date of the filing of such certificate and the time for finishing its road and putting it in operation, is extended until eighteen years from the date of such filing.

§ 2. Section seventy-eight of the railroad law, being chapter thirty-nine of the general laws is amended to read as follows:

§ 78. Lease of road. Any railroad corporation or any corpora tion owning or operating any railroad or railroad route within this state may contract with any other such corporation for the use of their respective roads or routes, or any part thereof, and thereafter use the same in such manner and for such time as may be prescribed in such contract. Such contract may provide for the exchange or guaranty of the stock and bonds of either of such corporations by the other and shall be executed by the contracting corporations under the corporate seal of each corporation, and if such contract shall be a lease of any such road and for a longer period than one year, such contract shall not be binding or valid unless approved by the votes of stockholders owning at least

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