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applied to

payment

when pay.

assessments, the resolution directing the issue of such bonds shall designate the particular assessments to anticipate when such bonds are to be issued. The common council shall cause a copy of such resolution to be filed in the office of the receiver of taxes, and all sums thereafter received by said receiver upon such assess- Receipts ment shall be paid by the receiver to the city treasurer, and by of bonds. him kept separate from other funds, and shall be applied to the payment of such bonds as fast as such bonds become due. The bonds herein provided to be issued in anticipation of the collection Bonds, of assessments shall be made due and payable at a time or times able, etc. not exceeding ten years from the date of the first issue of such street improvement bonds with interest at a rate not exceeding six per centum per annum, provided, however, that the entire issue of any such series of bonds shall be so made due and payable that at least one-tenth of the total original indebtedness for such improvements shall be due and payable each year thereafter together with all accrued interest on such bonded indebtedness, and further provided that nothing herein contained shall be so construed as to prevent the common council from issuing such bonds in such form and manner that they may be paid in full at any time subject to the call or action of such common council.

§ 2. Title twenty-nine of said chapter is hereby amended by adding thereto a new section to be known as section eight, and to read as follows:

ages or

injuries.

§ 8. All claims against the city of Dunkirk for damages or Claims against city injuries alleged to have arisen from the defective, unsafe, danger- for damous or obstructed condition of any street, highway, bridge, culvert, sidewalk, crosswalk, public building or public property, in said city or from negligence of the city authorities in respect to any such streets, highways, bridge, culvert, sidewalk, crosswalk, public building or public property, shall within thirty days after the happening of such damage or injury be presented to the common council of said city by a writing signed by the claimant and properly verified describing the time, place, cause, the names of all persons present to the knowledge of the claimant, and the extent and character of the damage or injury. The omission to present such claim as aforesaid within said thirty days shall be a bar to any action, suit or proceeding therefor against the city. No action. for such damage or injuries shall be maintained unless commenced within six months from the happening of the same. No action,

suit or proceeding to recover or enforce any such claim against the city shall be brought until the expiration of sixty days after the claim shall have been filed in the manner and form aforesaid. § 3. This act shall take effect immediately.

Banking law

Chap. 440.

AN ACT to amend chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two, entitled "An act in relation to banking corporations."

APPROVED by the Governor April 20, 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 one hundred and sixteen of chapter six hunamended. dred and eighty-nine of the laws of eighteen hundred and ninetytwo, entitled "An act in relation to banking corporations," is hereby amended so as to read as follows:

of deposits

Investment § 116. The trustees of any savings bank may invest the moneys of savings deposited therein and the income derived therefrom only as

banks.

follows:

1. In the stocks or bonds or interest-bearing notes or obligations of the United States, or those for which the faith of the United States is pledged to provide for the payment of the interest and principal, including the bonds of the District of Columbia.

2. In the stocks or bonds or interest-bearing obligations of this state, issued pursuant to the authority of any law of the state.

3. In the stocks or bonds or interest-bearing obligations of any state of the United States which has not within ten years previous to making such investment, by such corporation, defaulted in the payment of any part of either principal or interest of any debt authorized by the legislature of any such state to be contracted.

4. In the stocks or bonds of any city, county, town or village, school district bonds and union free school district bonds issued for school purposes, or in the interest-bearing obligations of any city or county of this state, issued pursuant to the authority of any law of the state for the payment of which the faith and credit of the municipality issuing them are pledged.

5. In the stocks or bonds of the following cities: Boston and Worcester, in the state of Massachusetts; Saint Louis, in the state of Missouri; Cleveland, in the state of Ohio; Detroit, in the state of Michigan; Providence, in the state of Rhode Island, and New Haven, in the state of Connecticut. If at any time the indebtedness of any of said cities, less its water debt or sinking fund, shall exceed seven per centum of its valuation for purpose of taxation, its bonds and stocks shall thereafter cease to be an authorized investment for the moneys of savings banks, but the superintendent of the banking department may, in his discretion, require any savings bank to sell or retain such bonds or stocks of said city as may have been purchased prior to said increase of debt.

6. In bonds and mortgages on unincumbered real property situated in this state, worth at least twice the amount loaned thereon. Not more than sixty-five per centum of the whole amount of deposits shall be so loaned or invested. If the loan is on unimproved and unproductive real property, the amount loaned thereon shall not be more than forty per centum of its actual value. No investment in any bond and mortgage shall be made by any savings bank, except upon the report of a committee of its trustees charged with the duty of investigating the same, who shall certify to the value of the premises mortgaged or to be mortgaged according to their best judgment, and such report shall be filed and preserved among the records of the corporation.

7. In real property subject to the provisions of the next section. § 2. This act shall take effect immediately.

Chap. 441.

AN ACT to authorize the village of Perry to remove the remains of deceased persons from the old Perry cemetery or burying ground in said village.

APPROVED by the Governor April 20, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

of remains

Section 1. The board of trustees of the village of Perry, is hereby Removal authorized and empowered to remove all the remains of deceased authorized. persons from the old Perry cemetery, formerly owned by S. O. and E. Higgins, and situate in the village of Perry, Wyoming county;

Notice to be published.

notice upon

tives and

next of kin.

and which cemetery has by resolution been condemned as a public nuisance by the board of health of such village,

§ 2. No removal of such remains shall be made until the village board shall have published once in each week for four successive weeks in the "Perry Herald and News" and "The Western New Yorker," a notice that upon a day specified in such notice said board will commence to remove the bodies interred in such cemetery, which day shall be at least thirty days after the Service of final publication of said notice. If the personal representatives representa or next of kin of any person now interred in said cemetery or burying ground are known, and they or any of them are residents of this state, such notice shall be served personally upon the said representatives and the next of kin so residing in this state, and the body of such deceased person shall not be removed by the said board until after the lapse of thirty days from the Removal of personal service of the said notice, and the said representatives next of kin, and next of kin shall be allowed to remove the body of such deceased person from the said cemetery or burying ground during the said thirty days subsequent to the giving of such personal notice or the final publication thereof.

remains by

etc.

Removal

and reinterof

trustees.

§ 3. All bodies removed by said board of trustees under the renting by provisions of this act shall, when distinguishable, be inclosed each in a separate box or coffin, and every monument, headstone, footstone, slab, board or other designation or distinguishing mark, shall be carefully removed and properly set at the grave of each body at the time of the reinterment. Members of the same family shall be placed in continguous graves.

Expense, how defrayed.

§ 4. The expense of such removal and reinterment, not defrayed by private subscription or individual enterprise, shall be made a village charge.

§ 5. This act shall take effect immediately.

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Chap. 442.

AN ACT to authorize the payment of debts ir certain towns.
APPROVED by the Governor April 20, 1893. Passed, three-fifths being present.

The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

able by

Section 1. In any town in which commissioners of improve- Debts payments have been appointed, as provided in chapter four hundred towns. and fifty-three of the laws of eighteen hundred and eighty-nine, in which the proceeds of the sale of the bonds issued under the provisions of said act have been insufficient to pay in full the debts contracted by such commissioners in making and continuing the improvements authorized by any election held in such town as provided in said act, the said debts so contracted shall be paid by said town.

tion and

claims.

§ 2. All such bills and claims which have been contracted by Presentasuch commissioners in making and continuing the said improve- audit of ments shall be presented to such commissioners by the several claimants, duly verified, and the said commissioners shall determine the amount due each of such claimants. When the total Certificate amount owing by such commissioners shall be determined they supervisor. shall certify in writing to the supervisor of said town the amount due each claimant and the nature of each claim.

of debts to

to borrow

sale of

§ 3. When the amount of such debts have been ascertained and supervisor certified as aforesaid, the supervisor of the said town shall borrow money. upon the credit of such town such sum of money as may be necessary to pay such debts, not exceeding, in the aggregate, the sum of fifteen thousand dollars, and for that purpose he Issue and shall issue bonds of such town which shall be signed by him and town countersigned by the town clerk, and by the chairman of said commissioners and he shall deliver the same to the treasurer of such commissioners. The said commissioners shall sell the said bonds at not less than the par value thereof and shall apply the proceeds thereof to the payment of the debts owing by such commissioners.

bonds.

tions of

§ 4. The bonds issued for the payment of such claims shall Denominabe in amounts not less than five hundred dollars each, and shall bonds. bear interest not to exceed four per centum per annum. The first five thousand dollars secured by said bonds shall become

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