BOARD OF ALDERMEN,


MAY 11, 1876.
The following resolution was adopted:
Resolved, That the Clerk of the Common Council be
and he is hereby authorized and directed to cause one
thousand copies of all laws relating particularly to this
city, passed at the late session of the Legislature, to be
printed in the usual manner, in document form, for the
use of the Mayor, Common Council, and Departments;
the expense of procuring certified copies of such laws,
which shall not exceed the sum of one hundred dollars,
to be paid from the appropriation for " City Contingencies"
by the Comptroller.
FRANCIS J. TWOMEY,
Clerk.










INDEX.
City Government-Miscellaneous Laws relating to.
PAGE.
Chapter 73. Ferry from Grand street, New York, to Grand street,
Brooklyn, act authorizing sale of lease of.........  3
Chapter 103. Assessments for local improvements, act relating to
the  payment of.............................   5
Chapter 208. Assessment for taxes, act to extend the time for
making.......................................  21
Chapter 212. Frauds upon the treasury of the city, act making
provision for the claims and expenses of conducting suits, etc., growing out of.................. 27
Chapter 213. New York Infant Asylum, act to amend an act to
incorporate the............................. 28
Chapter 274. Arrears of taxes, act in relation to................  30
Chapter 429. Armories and drill-rooms, act to provide for payment for the use and occupation of................ 51
Courts-Laws and Matters pertaining to.
Chapter 24. First and Second Judicial Districts, act to alter....  3
Chapter 130. Notaries Public, act to provide for the appointment
of an additional number of.....................  7
Chapter 136. Marine Court, act to amend an act in relation to the
jurisdiction  of, etc...........................  8





vi


INDEX.


PAGE.
Chapter 199. Court of General Sessions, act in relation to........ 20
Chapter 205. Clerks, etc., of the several Courts of Record, act in
relation to.......................21
Chapter 209. Court-house in the Third Judicial District, act to
provide for the completion of.................. 22
Chapter 316. Judgments entered upon forfeited recognizances,
act relative to............................. 37
Chapter 356. Proceedings to recover possession of lands for nonpayment of rent, act in relation to............. 38
Chapter 409. Act to enable the Court of General Sessions to
appoint an Interpreter......................... 46
Chapter 413. Marine Court, act in relation to the Clerks, Officers,
and  Attendants of............................  49
Department of Public Parks-Matters pertaining to.
Chapter 139. American Museum    of Natural History and the
Metropolitan Museum of Art, act in relation to
the powers and duties of the Commissioners of
the Department of Public Parks in connection
with...................................... 9
Chapter 411. Act to provide for the surveying and mapping out
of the territory comprised in the Twenty-third
and Twenty-fourth Wards.................... 47
Department of Public Works-Matters pertaining to.
Chapter 169. Public baths, act to provide for the construction
and maintenance of four additional............. 17
Chapter 432. Act to provide for a further supply of water for the
new wards............................... 53
Chapter 433. Act to amend an act to provide a further supply of
pure and wholesome water.....................  56





WEDEX.


Vli


Educational. Matters-Laws relating to.
PAGE.
Chapter 296. School property in the town of Westchester, act to
provide for the payment of amount due for..... 33
Chapter 372. Act to amend an act to secure to children the
benefits of an elementary education............ 39
Chapter 434. Claims for repairs, printing, labor, etc., in and about
public school buildings, act to provide for the
audit and payment of......................... 57
Harbor and River Frontage-Laws relating to.
Chapter 147. Harlem river and Spuyten Duyvel creek, act granting the right of way necessary for the improvementof, etc................................  10
Chapter 188. Improvement of lands on the Harlem river, act to
fix  the  time for..............................  19
Chapter 376. Act to prevent the deposit of refuse in the Hudson
river, etc.....................................  43
Chapter 414. Act to amend an act to establish regulations for the
port of New  York............................ 5
Local and Street Improvements.
Chapter 210. Opening, widening, and extending of streets, etc.,
act to repeal an act in relation to................ 23
Chapter 436. Act to amend and act to provide for the surveying
laying out, etc., of certain portions of the city... 59
Chapter 447. Riverside avenue and park, act in relation to....... 60
Miscellaneous Acts.
Chapter   1. Act to prevent persons appearing disguised and
armed, act to  amend..........................  1
Chapter 16. Animals, act to prevent injury to................  2





viii                         INDEX.
PAGE.
Chapter 116. Public amusement, places of, act to amend an act
to regulate...................................  6
Chapter 148. Bridget Porter, act to release certain real estate to. 16
Chapter 211. Jamem B. Taylor, act for the relief of the creditors
of...................................... 24
Chapter 275. Cornelius Flynn, act for the relief of............. 31
Chapter 291. Commissioners of Emigration, act making an appropriation to enable them to perform their duties... 32
Chapter 300. Patrick McCabe, act for the relief of.............. 36





Chapter 1.


AN ACT to amend chapter three of the laws of one thousand eight hundred and forty-five, entitled " An act
to prevent persons appearing disguised and armed."
Passed January 20, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Section six, of chapter three, of the laws of
eighteen hundred and forty-five, entitled "An act to prevent persons appearing disguised and armed," passed January twenty-eighth, eighteen hundred and forty-five, is
hereby amended so as to read as follows:
~ 6. Every assemblage in public houses or other places
of three or more persons disguised as aforesaid, is hereby
declared to be unlawful, and every individual so disguised
present thereat, shall be deemed guilty of a misdemeanor,
and upon conviction be punished by imprisonment in the
county jail not exceeding one year, provided that nothing
contained in this act shall be held or construed as prohibit- Persons rPing or as rendering unlawful any peaceable assemblage for sembe i n
any masquerade or fancy dress ball or entertainment, or orssncy
any assemblage therefor of persons masked, or as prohib-ress
iting or rendering unlawful the wearing of masks, fancy
dresses, or any other disguise, by persons on their way to,
or returning from, such ball or other entertainment; and
provided, also, that in the cities of this state permission be
first obtained from the police authorities of the said cities
for the holding or giving of any such masquerade or fancy
1





2


dress ball or entertainment therein, under such regulations
as may be prescribed by the said police authorities.
~ 2. All acts and parts of acts inconsistent with this act
are hereby repealed.
~ 3. This act shall take effect immediately.
Chapter 16.
AN   ACT to prevent injury to animals in the city of
New York.
Passed February 8, 1876; three-fifths being present.
The People of the State of New    York, represented in
Senate and Assembly, do enact as follows:
Throwing of  SECTION 1. Every person who shall willfully throw, exmetal, glass,
etc., upo  pose, or place, or who shall willfully cause or procure to be
any street
deemed a  thrown, exposed or placed, in or upon any street, highway,
misdemeanor.  or public place in the city of New  York, open for the
passage of animals, any nails, pieces of metal, glass, or
other substance or thing which might main, wound, lame,
cut or otherwise injure any animal, shall be guilty of a
misdemeanor.
Sprinkling  ~ 2. Every person who shall throw, expose, or place, or
salt or t- who shall cause or procure to be thrown, exposed or placed,
peter upon
any street in or upon any such street, highway   or public place
except upon the curves, crossings or switches of railroad
tracks, any salt, saltpeter or other substance for the purpose
of dissolving any snow or ice which may have fallen or
been deposited thereon, shall be guilty of a misdemeanor.
~ 3. This act shall take effect at the expiration of ten
days after its passage.





3


Chapter 24.
AN ACT to alter the first and second judicial districts
of the state as established by chapter two hundred and
forty-one of the laws of eighteen hundred and fortyseven, entitled " An act to divide the state into judicial
districts," so as to conform the same to the boundaries
of the city of New York and of the county of Westchester as now constituted by law.
Passed February 21, 1876; three-fifths being present.
The People of the State of New     York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The first judicial district of the state shall con- Establishing
the first and
sist of the city of New York, as the same has been consti- seond judituted by law since the first day of January, eighteen hundred c stcts.
and seventy-four. The second judicial district shall consist
of the counties of Richmond, Suffolk, Queens, Kings, Westchester, as the same has been constituted by law since the
first day of January, eighteen hundred and seventy-four,
Orange, Rockland, Putnam and Dutchess.
~ 2. This act shall take effect immediately.
Chapter 73.
AN ACT to authorize the commissioners of the sinking
fund of the city of New York to sell at public auction the lease of the ferry from Grand street, in the
city of New York, to Grand street, in the city of
Brooklyn.
Passed March 24, 1876; three-fifths being present.
The People of the State of New     York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The commissioners of the sinking fund of the
city of New York are hereby authorized and directed,





4


Leasing  within twenty days from the passage of this act, to adverferry from
foot of Grand tise in three of the daily newspapers having the largest
street, East
river.   circulation, published in the city of New   York, and one
newspaper published in the city of Brooklyn, for six days
in each of said newspapers, a notice of the sale by public
auction at the expiration of said six days, to the highest
bidder, at a time and place to be designated therein, in
the said city of New York, of the lease for a period of ten
years, of the full and absolute purchase and right, to run
maintain, operate, and use with the franchises, the ferry
from Grand street in said city, to Grand street in the city
of Brooklyn, together with the docks, slips, and facilities,
now or heretofore used for the purpose of a ferry.
Delivery of ~ 2. The said commissioners of the sinking fund shall,
lease, and
lr.ictions within ten days after such sale, execute and deliver to the
therein conta ined con-highest bidder as aforesaid, a lease for the term of ten
years from the date thereof, of the said ferry, docks, slips,
and facilities; such lease to contain proper and reasonable
restrictions as to the kind of boats to be used, the time of
running the same, the kind of buildings to be erected for
the accommodation of passengers at each terminus of said
ferry, and the rate or rates of fare to be charged for the
conveying of passengers, goods, and merchandise, vehicles,
animals, and all other articles which may be conveyed
over such ferry, all of which are to be specified and determined by the said commissioners of the sinking fund.
But such fare or charges shall not at any time exceed the
fare or charges now made and collected by the Houston
Street Ferry Company for similar services performed by
them.
Provision    3. Such lease shall also contain a suitable provision
fory aymentf for the payment to such lessee or his assigns at the end of
bulding,  said term, by any other person or persons to whom     such
etc.
franchise and property shall thereafter be leased, of the
value of the buildings, bridges, and racks which shall have





been provided by him or them for the operation of said
franchises under such lease; such value to be ascertained
by arbitration and appraised in a manner to be provided
in and by such lease.
~ 4. All acts or parts of acts conflicting with this act,
are hereby repealed.
~ 5. This act shall take effect immediately.
Chapter 103.
AN ACT relating to the payment of assessments for
local improvements in the City of New York.
Passed April 7, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. All assessments for local improvements in ayment by
the city of New York, confirmed prior to the first day of tim~'p'"January, eighteen hundred and seventy-six, and which, atfled for the.
the time of the passage of this act, have been returned to
the clerk of arrears for collection, may be paid at the
option of the person liable to pay the same, in three equal
installments, as follows: The first installment on or before
the thirty-first day of December, eighteen hundred and
seventy-six; the second installment on or before the thirtyfirst day of December, eighteen hundred and seventyseven, and the third installment on or before the thirtyfirst day of December, eighteen hundred and seventyeight, with interest at the rate of eight per cent. per
annum thereon. But nothing contained in this section
shall prohibit the person liable to pay an assessment
from paying the whole amount of such assessment in one
payment, if he may so desire.





6


~ 2. No lien shall be enforced by said city for payment
of said assessments, or any part or portion thereof, if payment of the same is made as hereinbefore provided.
Failure to  ~ 3. Nothing herein contained shall in any way affect
make the
necear  the rights or remedies of the said city in relation to said
payments. assessments and the recovery thereof, except that the payments may be made as herein provided. Upon a failure
in the payment of said assessments, as herein provided,.
the privileges by this statute confirmed, shall be forfeited,,
and the said assessments, or the balance remaining unpaid,
may, upon such forfeiture, be enforced, as if this statute
had never been passed.
~ 4. This act shall take effect immediately.
Chapter 116.
AN ACT to amend chapter one hundred and fifty-eight
of the laws of eighteen hundred and seventy-five,
entitled " An act to amend chapter eight hundred and
thirty-six of the laws of eighteen hundred and
seventy-two, entitled 'An act to regulate places of
public amusement in the city of New York.'"
Passed April 11, 1876.
The People of the State of Hew York, represented in.
Senate and Assembly, do enact asfollow8:
SECTION 1. Section one of chapter one hundred and
fifty-eight of the laws of eighteen hundred and seventyfive, entitled "An act to amend chapter eight hundred
and thirty-six of the laws of eighteen hundred and seventytwo, entitled 'An act to regulate places of public amusement in the city of New York,' " is hereby amended so as
to read as follows:





7


SECTION 1. Section nine of chapter eight hundred and
thirty-six bf the laws of eighteen hundred and seventytwo, entitled " An act to regulate places of public amusement in the city of New York," is hereby amended so as
to read as follows:
~ 9. The provisions and requirements of said act shall Places of
not be held to apply to any building, hall, room, or rooms, exemptfrom
in which only private theatricals, tableaux, and other ex- acnt of iad
hibitions for charitable and religious purposes are given,
nor to the manager or managers of exhibitions given by amateurs for the benefit of any church, mission, parish, or Sunday school, or for any other charitable or religious purpose,
nor shall the same be held to apply to the masonic temple
in New York, or the trustees of the masonic hall and asylum fund, so long as the revenues of said temple shall
continue to be applied to the use of the masonic hall and
asylum fund, or other charitable purpose.
~ 2. This act shall take effect immediately.
Chapter 130.
AN ACT to provide for the appointment of an additional
number of Notaries Public.
Passed April 18, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The governor is hereby authorized and em-otaries
Public in
powered, by and with the advice and consent of the senate, the ou.y
to appoint in each county, except the city and county of ofNewYork.
New York, notaries public equal to ten for each assembly
district, and in the said city and county two hundred and
fifty notaries public, in  addition to the number now





8


allowed by law; provided, however, that in each county
which is a single assembly district the additional number
of notaries public be fifteen.
~ 2. This act shall take effect immediately.
Chapter 136.
AN ACT to amend chapter four hundred and seventynine of the laws of eighteen hundred and seventy-five
entitled "An act in relation to the jurisdiction of the
marine court of the city of New York, and to the
justices of said court."
Passed April 21, 1876; three-fifths being present.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The fifty-first section of chapter four hundred and seventy-nine of the laws of eighteen hundred and
seventy-five, entitled " An act in relation to the jurisdiction of the marine court of the city of New York and to
the justices of said court," is hereby amended by adding
thereto the following sub-division:
on.e.      14. No person being a resident of the state of New
dents.   York, who shall have a place of business in the city of
New York, shall be deemed to be a non-resident under
the provisions of this act.


~2. This act shall take effect immediately.





9


Chapter 139.
AN ACT in relation to the powers and duties of the board
of commissioners of the department of public parks
in connection with the American Museum of Natural
History and the Metropolitan Museum of Art.
Passed April 22, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The board of commissioners of the depart- rection of
the Ameriment of public parks in the city of New York, is hereby can Museum
of Natural
authorized and directed to make and enter into a contract aHitory.
with the American Museum of Natural History for the
occupation by it of the buildings erected or to be erected on
that portion of the Central park in the city of New York,
formerly known as Manhattan square in accordance with
the second section of chapter two hundred and ninety of
the laws of eighteen hundred and seventy-one, and chapter
three hundred and fifty-one of the laws of eighteen hundred and seventy-five, and transferring thereto, and establishing and maintaining therein, its museum, library, and
collections, and carrying out the objects and purposes of
the said society.
~ 2. The board of commissioners of the department of occupation
of by the
public parks of the city of New York, is hereby authorized Metropoltan
Museum of
and directed to make and enter into a contract with the Art.
Metropolitan Museum of Art for the occupation by it of
the buildings erected or to be erected on that portion of
the Central park of the city of New York east of the old
receiving reservoir, and bounded on the west by the drive,
on the east by the Fifth avenue, on the south by a continuation of Eightieth street and on the north by a continuation of Eighty-fifth street, in accordance with the second
section of chapter two hundred and ninety of the laws of
eighteen  hundred   and   seventy-one, and  transferring





10


thereto and establishing and maintaining therein its
museum, library, and collections, and carrying out the
objects and purposes of the said Museum of Art.
~ 3. This act shall take effect immediately.
Chapter 147.
AN ACT granting to the United States the right to
acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvel creek,
from  the North river to the East river through the
Harlem Kills, and ceding jurisdiction over the same.
Passed April 22, 1876, by a two-third vote.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
Improve-   SECTION 1. The consent of the state of New York is
Harlemrier hereby given to the improvement, by the United States,
"DuySel  of the Harlem river and Spuyten Duyvel creek, from the
creek.  North river to the East river through the Harlem Kills,
and the United States may take and hold so much land
and land underwater, with any improvements thereon, as
may be necessary for the location, construction, and convenient use of the said improvement.
Petition for  ~ 2. In the absence of any agreement between the United
the appoint- States or its authorized agents and the owners of such
ment of
commis-  lands in regard to the compensation therefor, the engineer
appraisal. in charge of the improvements for the United States, and
any other authorized agent of the United States may
verify and present a petition, in the name of the United
States, praying for the appointment of commissioners of
appraisal to the supreme court at any general or special
term thereof, held in the first judicial district, which petition shall describe the real estate and material which the





11


United States seeks to acquire, and shall aver that such land
is necessary for the construction and use of said improvement, and that the United States has not been able to acquire title thereto, and the reason of such inability. The
petition must also state the names and places of residence, Petition to
contain
so far as the same can by reasonable diligence be ascer- names and
places of
tained, of the persons who own or hold, or claim to own business of
the owners
or hold, estates or interests in the said real estate, and if of real estate.
any such persons are infants, their ages, as near as may be,tae
shall be stated, and if any such persons are idiots or persons of unsound mind, or are unknown, the fact shall be
stated, together with such allegations of liens or incumbrances, as the United States may see fit to make.        A
copy of such petition with notice of the time and place
the same will be presented to the supreme court shall be
served on all persons whose interests are to be affected by
the proceedings, at least ten days prior to the presentation
of the same to the said court.
~ 3. On presenting such petition to the supreme court Persons
whose intesas aforesaid, with proof of service of a copy thereof, and ests are to be
affected by
notice as aforesaid, all persons whose estates or interests the proceedings may
are to be affected by the proceedings, may show        cause show cause
Iagainst
against granting the prayer of the petition, and may dis-a granting the
prayer of the
prove any of the facts alleged in it. The court shall hear petition.
the proofs and allegations of the parties, and if no sufficient cause is shown against granting the prayer of the
petition, it shall make an order for the appointment of
five disinterested and competent persons who reside in the
city of New York, commissioners to ascertain and appraise
the compensation to be made to the owners, or persons interested in the real estate proposed to be taken for said
improvement, and to fix the time and place for the first
meeting of such commissioners.
~ 4. The commissioners shall take and subscribe the
oath prescribed by the twelfth article of the constitution.





12


Any one of them may issue subpoenas, administer oaths
to witnesses, and any three of them may adjourn the proceedings before them, from time to time, in their discretion.
commis-  Whenever they meet, except by the appointment of the
sioners appointed,  court, or pursuant to adjournment, they shall cause
powers and
duties of. reasonable notice of such meetings to be given to the
parties who are to be affected by their proceedings, or
their attorney or agent. They shall view the premises
described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony, if any is
taken by them, to writing, and after the testimony is
closed in each case, and without any unnecessary delay
and before proceeding to the examination of any other
claim, a majority of them, all being present and acting,
shall ascertain and determine the compensation which
ought justly to be made to the party or parties owning or
interested in the real estate appraised by them. They, or
a majority of them, shall also determine and certify what
sum ought to be paid to a general or special guardian or
committee of an infant, idiot, or person of unsound mind,
or to an attorney appointed by the court to attend to the
interest of any unknown owner or party in interest, not personally served with notice of the proceedings, and who has
not appeared for costs, expenses, and counsel fees. They
shall make a report to the supreme court, signed by them,
or a majority of them, of the proceedings before them,
with the minutes of the testimony taken by them, if any.
Parties to be ~ 5. On such report being made by said commissioners,
notified of
the confir- the United States shall give notice to the parties, or their
mation of
report of the attorneys, to be affected by the proceedings, according to
commissioners.  the rules and practice of said court at a general or special
term thereof for the confirmation of such report; and the
court shall thereupon confirm such report, and shall make
an order containing a recital of the substance of the proceedings in the matter of the appraisal, and a description
of the real estate appraised for which compensation is to





13


be made; and shall also direct to whom the money is to
be paid, or in what bank, and in what manner it shall be
deposited.
~ 6. A certified copy of the order, to be made as afore- Certified
copy to be
said, shall be recorded at length in the county clerk's office filed in the
office of the
of the city and county of New York, and thereupon the county
United States shall be entitled to enter upon, take possession of, and use the said land for the purpose of said improvement; and all persons who have been made parties
to the proceedings shall be divested and barred of all right,
estate, and interest in said land. All real estate acquired
by the United States under and pursuant to the provisions
of this act for the said improvements shall be deemed to be
acquired for the public use. Within twenty days after the
confirmation of the report of the commissioners, as provided for in the fifth section of this act, either party may
appeal, by notice in writing to the other, "to the supreme
court from the appraisal and report of the commissioners.
Such appeal shall be heard by the supreme court at any
general or special term thereof, on such notice thereof being
given according to the rules and practice of said court. On
the hearing of such appeal, the court may direct a new ap- Appeal
taken therepraisal before the same or new commissioners in its dis- on.
cretion; the second report shall be final and conclusive on
all the parties interested. If the amount of the compensation to be made is increased by the second report, the increase or
difference shall be a lien on the land appraised, and if the comensaamount is diminished the difference shall be refunded by second rethe party to whom  the same may have been paid; and port.
judgment therefor may be rendered by the court on the
filing of the second report against the party liable to pay
the same. Such appeal shall not affect the possession by
the United States of the land appraised, and when the
same is made by others than the United States it shall not
be heard, except on a stipulation of the party appealing
not to disturb such possession. If there are adverse and





14


conflicting claimants to the money, or any part of it to be
paid as compensation for the real estate taken, the court
may direct the money to be paid into said court, and may
determine who is entitled to the same, and direct to whom
the same shall be paid; and may, in its discretion, order a
reference to ascertain the facts on which such determination
and order are to be made. The court shall appoint some
Unknown  competent attorney to appear for and protect the rights of
parties to be
represented any party in interest who is unknown, or whose residence
by counsel.
by cose is unknown, and who has not appeared in the proceedings
by an attorney or agent. The court shall also have power
at any time to amend any defect or informality in any of
the special proceedings authorized by this act, as may be
necessary, or to cause new parties to be added, and to
direct such further notices to be given to any party in
interest, as it deems proper, and also to appoint other commissioners in place of any who shall die, or refuse, or
neglect to serve, or be incapable of serving.
Defective    7. If at any time, after an attempt to acquire title by
titles, how
perfected.  appraisal of damages or otherwise, it shall be found that
the title thereby attempted to be acquired is defective, the
United States may proceed anew to acquire or perfect such
title in the same manner as if no appraisal had been made,
and at any stage of such new proceedings the court may
authorize the United States, if in possession, to continue in
possession, and if not in possession, to take possession and
use such real estate during the pendency, and until the
final conclusion of such new proceedings; and may stay
all actions or proceedings against any agent of the United
States on account thereof, on his giving security as the
court may direct to pay the compensation therefor when
finally ascertained; and in every such case the party interested in such real estate may conduct the proceedings to
a conclusion, if the United States delays or omits to prosecute the same.
~ 8. In case any title or interest in real estate required





15


by the United States for said improvement, shall be vested Summary
proceedings
in any trustee not authorized to sell, release, and convey to acquire
certain real
the same, or in any infant, idiot, or person of unsound estate.
mind, the supreme court shall have power, by a summary proceeding, on petition, to authorize and empower
such trustee, or the general guardian or committee of such
infant, idiot, or person of unsound mind, to sell and convey the same to the United States for said improvement
on such terms as may be just; and in case any such infant,
idiot, or person of unsound mind has no general guardian
or committee, the said court may appoint a special guardian
or committee for the purpose of making such sale, release,
or conveyance, and may require such security from such
general or special guardian or committee, as said court may
deem proper. But before any conveyance or release, authorized by this section, shall be executed, the terms on
which the same is to be executed, shall be reported to the
court on oath, and if the court is satisfied that such terms
are just to the party interested in such real estate, the
court shall confirm the report, and direct the proper conveyance or release to be executed, which shall have the
same effect as if executed by an owner of said land, having
legal power to sell and convey the same.
~ 9. The jurisdiction of the state of New York, in and Jurisdiction
ceded to the
over the land and land under water required for said im- United
provements, shall be and the same hereby is ceded to theStates.
United States, subject to the reservations and restrictions
hereinafter mentioned.
~ 10. The said consent is given and the said jurisdiction Jurisdiction
ceded upon the dxpress reservation to the state of Newand tunnels.b
York of all the rights of said state over all bridges and
tunnels now constructed, or hereafter to be constructed, in
pursuance of existing laws, for the location thereof, by the
department of public parks of the city of New York, over
the said Harlem river, or Spuyten Duyvel creek, and upon





16


the express condition that the state of New York shall
retain concurrent jurisdiction with the United States in
and over the territory covered by said improvement as to
all crimes committed thereon, and so far as that all civil
Execution of and criminal process which may issue under the laws or
civil and
criminalpro- authority of the state of New York, may be executed
thereon in the same way and manner as if such consent
had not been given or jurisdiction ceded, except so far as
such process may affect the real or personal property of the
United States.
~ 11. The jurisdiction hereby ceded shall not vest in any
respect as to any portion of said territory until the United
States shall have acquired the title thereto by grant, or by
virtue of the provisions of this act.
The United  ~ 12. The said property, when acquired by the United
charged  States, shall be, and continue forever thereafter, exonerated
from all
taxes and  and discharged from  all taxes, assessments, and other
aement. charges which may be levied or imposed under the authority of this state.
~ 13. This act shall take effect immediately.
Chapter 148.
AN ACT to release to Bridget Porter the right, title, and
interest of the people of the state of New York in and
to certain real estate in the twenty-fourth ward of the,
city of New York.
Passed April 22, 1876, by a two-third vote.
The People of the State of New    York, represented inZ
Senate and Assembly,do enact asfollows:
SECTION 1. All the estate, right, title, and interest of the
people of the state of New York, of, in and to that certain
lot or parcel of land, and the buildings thereon erected,,





17


situate, lying, and being in the twenty-fourth ward of the
city of New York, designated by the number one hundred
and sixty on a map, entitled "map of the Westchester
property of Edward T. Young, Springhurst, New York,"
filed in the office of the register of New York on the
twenty-fifth of October, eighteen hundred and seventy-three,
and particularly described in the deed for the same, bearing date the second day of January, eighteen hundred and
seventy-four, and executed by Edward T. Young and wife
to Isaac Porter, which is recorded in the office of the
register of the city of New York, in book one thousand
two hundred and seventy-one of conveyances, page three
hundred and ninety-six, on the fifth day of January,
eighteen hundred and seventy-four, are hereby released to
Bridget Porter, widow and sole devisee of said Isaac
Porter, and to her heirs and assigns forever. And the said
Bridget Porter is hereby authorized and empowered to
sell, convey, mortgage, and devise the same in the manner,
and with the like effect, as if she were a citizen of the
United States of America.
~ 2. Nothing herein contained shall be construed to impair, release, or discharge any right, claim, or interest of
any heir-at-law, devisee or grantee of the said Isaac Porter,
or of any creditor by judgment, mortgage, or otherwise.
~ 3. This act shall take effect immediately.
Chapter 169.
AN ACT to provide for the construction and maintenance
of four additional public baths in the city of New York.
Passed April 22, 1876; three-fifths present.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The mayor, aldermen and commonalty of
2





18


Additional the city of New York is hereby authorized to construct
public baths,
constructionhs' and maintain four free public floating baths in addition to
of.      the two now in use in said city, and said additional baths
shall be constructed on such plans as the said department
shall deem proper, but the work therefor shall be awarded
to the lowest bidder with adequate security, as provided
by law, and said baths shall be and remain under the
exclusive control and management of the said department
of public works.
The board  ~ 2. It shall be the duty of the commissioners of public
of estimate
and appor-  orks to make requisition upon the board of estimate
tionment to
make an ap- and apportionment within ten days after the passage of
propriation. an ordinance therefor by the common council of said city
for the appropriation of such sum of money, not exceeding
sixty thousand dollars, as he may deem necessary for the
construction and maintenance of the four additional public
floating baths, and it shall be the duty of the board of estimate and apportionment to meet within ten days after
the receipt of such requisition and appropriate such sum
of money for said purposes.
Comptroller  3. It shall be the duty of the comptroller of the city
to issue
bonds.   of New York, and he is hereby authorized and directed to
raise such sums of money as is hereby authorized to be
appropriated by the first and second sections of this act,
by the issue of revenue bonds, in anticipation of the taxes
of the year eighteen hundred and seventy-seven, and said
moneys, go to be raised, shall be paid for the construction
and maintenance of said baths by the comptroller, on the
requisition of the department of public works.         The
Payment of amount of money necessary to pay said bonds so issued
bonds when
made.    shall be included in the tax levy in the year eighteen
hundred and seventy-seven, and the said bonds shall be
paid out of the moneys raised by taxation that year.
~ 4. The department of docks of the city of New York
shall, upon the requisition of the department of public





19


works of said city, furnish free of charge, in the vicinity Department
of docks to
of such locations as shall be designated by the department provide convenient
of public works, accessible, convenient, and safe berths moorings.
for mooring the floating baths herein provided to be constructed and maintained.
~ 5. This act shall take effect immediately.
Chapter 188.
AN ACT to fix the time for filling in and improving the
lands between high and low water mark on the easterly shore of the Harlem river.
Passed April 28, 1876; three-fifths present.
The People of the State of New     York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The period of time fixed for the appropria- TimeextendSed for imtion to the purposes of commerce by the construction of a proving.
dock or docks and filling in the same in all letters patent
issued by the people of the state of New York to the
owners of the adjacent upland, for lands under water and
between high and low water mark in front of and adjacent
to the lands of the said owners of the adjacent upland on
the easterly shore of the Harlem river is hereby extended
until two years after the time when plans for the improvement of said river shall be completed by the proper
authorities, and copies of such plans filed, one in the office
of the register of the city and county of New York, and
one in the office of the secretary of state at Albany.
~ 2. Nothing herein contained shall in any way affect
any other grants, except those made for the purpose of
promoting the commerce of this state, in which a time is





20


limited for the completion of the improvement specified
in such letters patent.
~ 3. This act shall take effect immediately.
Chapter 199.
AN ACT in relation to the court of general sessions of
the peace in   and for the city and county of New
York.
Passed May 3, 1876; three-fifths present-without the approval of the
Governor, pursuant to provision of section nine of article four of
the Constitution.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Appoint-   SECTION 1. The court of general sessions of the peace
ment of
additional of the city and county of New York, is hereby authorized
deputy
clerks, etc. and empowered to appoint two additional deputy clerks,
one interpreter, and one stenographer for said court. One
of the clerks to be appointed by virtue hereof shall receive an annual salary of twenty-five dundred dollars.
Salary fixed. The stenographer shall receive an annual salary of two
thousand dollars; and one of the clerks and the interpreter, to be appointed by virtue hereof, shall each receive
an annual salary of twelve hundred dollars from the date
of their appointment.
Provisionfor  ~ 2. The salaries of the clerks, interpreter, and stenops  et r.  grapher, whose appointment is hereby authorized, shall
be a county charge, and the board of estimate and apportionment of said city and county of New York, shall provide for the payment of the same, so soon as the sums
requisite therefor shall be certified to the said board by
the said court of general sessions.
~ 3. This act shall take effect immediately.





21


Chapter 205.
AN ACT in relation to clerks, deputy clerks, and assistant
clerks of the several courts of record in the counties
of New York and Kings, and of the surrogate's court
in said counties.
Passed May 4, 1876.
The People of the State of New    York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. No clerk, deputy clerk or assistant clerk of Not to be
appointed
any court of record in the counties of New     York and referee, receiver, or
Kings, or of the surrogate's court in said counties, shall ommshereafter be appointed referee, receiver or commissioner
under any order or judgment of any court, unless the
parties to the action or proceeding mutually agree to such
referee.
~ 2. This act shall take effect immediately.
Chapter 208.
AN ACT to extend the time for making assessments for
taxes in the city and county of New York.
Passed May 12,1876; three-fifths being present.
The People of the State of New    York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Any assessments made by the commissioners Time for
making
of taxes and assessments in the city of New York author- assesments
ized by any law of this state shall be as valid, if made on
or before the fourth Monday of March, in the year eighteen
hundred and seventy-six, as if they had been made on or
before the second Monday in January.
~ 2. This act shall take effect immediately.





22


Chapter 209.
AN ACT to provide for the completion of the courthouse in the third judicial district in the city of New
York.
Passed May 12, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Comptroller  SECTION 1. The comptroller of the city of New York is
to issue
bonds.   hereby authorized and directed to raise on bonds of said
city, for the completion of the court-house for the third
judicial district in said city, the sum of fifty thousand dollars, or so much thereof as shall be certified by the commissioners having in charge the erection of said building,
to be necessary.
Bonds, when  ~ 2. The bonds so authorized to be issued, by section
edeemable. one of this act, shall be entitled " Third district courthouse bonds of the city of New York," and shall bear
interest not exceeding seven per cent., and to be payable
in not less than ten nor more than fifty years, as the said
comptroller shall determine, and shall not be issued at less
than par value.   Said bonds shall be signed by the compHow signed. troller and countersigned by the mayor, and it shall be the
duty of the clerk of the common council to affix the common seal of the corporation thereto and attest the same.
salaries of  ~ 3. The board of estimate and apportionment of the
onr fixed. city of New York are hereby authorized to fix the salaries or
compensation for the services of the three commissioners for
the erection of the court-house in the third judicial district
of the city of New York, appointed under the provisions
of chapter eight hundred and six of the laws of eighteen
hundred and seventy-three, from the date of their appointment as such commissioners, and from time to time to
make such appropriations therefor as may be necessary;





23


and it shall be the duty of said commissioners to complete
the said court-house building on or before the thirty-first office of
day of December, eighteen hundred and seventy-six, on sioner, when
abolished.
which date the office of the commissioners for the erection
of the court-house in the third judicial district of the city
of New York shall be abolished.
~ 4. This act shall take effect immediately.
Chapter 210.
AN ACT to repeal chapter nine hundred and twenty of
the laws of eighteen hundred and sixty-nine, entitled
"An act in relation to the opening, widening, and
extending of streets, avenues, and public places in the
city of New York."
Passed May 12, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Chapter nine hundred and twenty of the
laws of eighteen hundred and sixty-nine, entitled "An
act in relation to the opening, widening, and extending of streets, avenues, and public places in the city
of New   York," is hereby repealed.    Provided, however, that no    existing  right  or interest lawfully
created or established by and under the provisions of
said act, and no action or proceeding now pending, lawfully
commenced and prosecuted, shall be affected or in any
manner prejudiced or invalidated by the repeal thereof.


~ 2. This act shall take effect immediately.





24


Chapter 211.
AN ACT for the relief of the creditors of James B.
Taylor, late of the city of New York, deceased.
Passed May 12, 1876.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Upon the petition of any judgment creditor
of the estate of James B. Taylor, late of the city of New
York, deceased, whose judgment shall have been recovered
since the decease of said James B. Taylor, the surrogate
of the county of New York shall have power to apurrogate topoint some suitable person  as receiver of the real
eapoint  estate left by the said James B. Taylor, pending the conreoeiver.
test upon his last will and testament. Such receiver shall
have and possess the same power and authority, and shall
be required to give the same security as if appointed by
any other court of competent jurisdiction. The said surrogate shall have the same power to remove such receiver
and appoint another in his stead as is possessed by the
supreme court in cases of receivers appointed by it, and
may in like manner direct and control his conduct from
time to time.
~ 2. Whenever it shall be made to appear to said surrogate by the petition of the said receiver, or of any such
judgment creditor or creditors of the said James B. Taylor,
that the personal estate of the said James B. Taylor is
insufficient to pay all the debts of the said Taylor, together
with the cost and expenses of administration, the said surrogate of the county of New York shall have power and
authority to order the real estate of the said James B.
Rel estate Taylor, or any part of the same, to be leased, mortgaged
to be sold  or sold by the said receiver in the same manner as if
ased, etc.n executor or administrator, as now proapplied for by an executor or administrator, as now pro




25


vided by law; to direct such receiver to execute and
deliver any lease, mortgage or conveyance necessary to
carry into effect such order of the said surrogate, and to
require the money arising from such lease, mortgage or
sale, after paying the costs and expenses of the same, to be
brought into said surrogate's court, to be distributed, paid
out and applied as required by law in case of a lease,
mortgage or sale made by an executor or administrator
under the order of a surrogate, as now authorized and provided by law.
~ 3. The said petition shall set forth: first, the amount, Petition,
what it shall
character and value of the personal property of said setforth.
deceased, remaining; second, the debts outstanding against
the said James B. Taylor; third, a general description of
all the real estate of which the said James B. Taylor died
seized, situated in this State, with the estimated value of
the same and the incumbrances, if any thereon (designating
such parts as have been sold for taxes or in foreclosure),
and whether occupied or not, and if occupied the name of
the occupant or occupants; fourth, the names, ages, and
residence of the heirs-at-law of said James B. Taylor, and
also of the devisees named in his alleged will; and all the
matters required to be stated in such petition shall be
stated as fully and particularly as the same can be ascertained, and such petition shall be verified by the petitioner
or his attorney, to the effect that the same is true to the
knowledge of the deponent, except as to the matters therein
stated on his information and belief, and that as to those
matters he believes it to be true. If the affidavit be by an
attorney, the reason why the petitioner does not make the
same shall be stated. If there be more than one petitioner,
the verification may be by any one of those jointly
interested.
~ 4. Upon presenting such petition to the surrogate of
the county of New York, said surrogate shall proceed in
the same manner as upon the petition of an executor or





26


administrator applying to the surrogate for authority to
mortgage, lease, or sell so much of the real estate of the
testator or intestate as shall be necessary to pay his debts,
and shall in like manner determine whether such real
estate shall be leased, mortgaged or sold; and the order of
the said surrogate in the premises shall be executed by the
said receiver, as in the case of an order for an executor or
an administrator to lease, mortgage, or sell the real estate
of his testator or intestate, and the moneys produced by
Proceeds of such lease, mortgage or sale shall be brought into the
to be distri- office of said surrogate, as in such case; and the said surbuted among
creditors.  rogate shall apply and distribute such moneys among the
creditors of the said James B. Taylor, and in all respects
proceed as he is required by law to do on a similar application by an executor or administrator.
~ 5. Upon receiving the petition above mentioned, the
jurisdiction of the said surrogate shall continue, and the
said surrogate shall proceed until the creditors of said
James B. Taylor are paid in full, or so far as the proceeds
of the said real estate will pay the said debts.
Surplus to  ~ 6. If, after the payment of said debts and the said
be deposited
or invested costs and expenses, there shall be any surplus of the proceeds of the sale, the same shall be deposited or invested
by said surrogate in his name of office to abide the determination of such contest upon said will, and when such
contest is finally determined, such surplus or any surplus
which may arise shall be paid over to the parties entitled
thereto.
~ 7. Any order or decree made by the surrogate under
the provisions of this act may be reviewed on appeal to
the supreme court within thirty days after such order or
decree shall have been made, and such court may thereupon affirm, reverse, or modify the same.
~ 8. This act shall take effect immediately.





27


Chapter 212.
AN ACT to make further provision for the audit and
payment of the claims and expenses of conducting
civil and criminal suits and proceedings growing out of
the frauds upon the treasury of the city and county of
New York.
Passed May 12, 1876; three-fifths being present.
The People of the State of New   York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. The board of supervisors of the county Board of
of New York is hereby authorized and required to raise Ito rab
by tax upon the estates, real and personal, in the city and tax.
county of New York subject to taxation, in the year one
thousand eight hundred and seventy-six, twenty-five thousand dollars, for the purposes hereinafter mentioned.
~ 2. The said sum of twenty-five thousand dollars, in
addition to sums heretofore appropriated by chapter five
hundred and eight of the laws of eighteen hundred and
seventy-two, and chapter six hundred and thirty-one of the
laws of eighteen hundred and seventy-three, and chapter
three hundred and fifty-nine of the laws of eighteen
hundred and seventy-four, shall be applied to the payment Payment ot
expenses and
of the liabilities and expenses for counsel fees, and other- counsel f
wise, which have been or may be incurred by the attorneygeneral and Charles O'Conor, or under their direction, or
that of either of them, in the conduct and prosecution of
suits and criminal proceedings connected with or growing
out of the alleged frauds mentioned in said act, chapter five
hundred and eight of the laws of eighteen hundred and
seventy-two; said liabilities shall be paid by the comptroller
of the city of New York, on production of accounts therefor duly certified by the attorney-general and the governor.


~ 3. This act shall take effect immediately.





Chapter 213.


AN ACT to amend chapter one hundred and six of the
laws of eighteen hundred and sixty-five, entitled "An
act to incorporate the New York Infant Asylum."
Passed May 13, 1876; three-fifths being present.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
Inoorpora-  SECTION 1. Section twenty-two of chapter one hundred
tion of.
and six of the laws of eighteen hundred and sixty-five,
entitled "An act to incorporate the New York Infant
Asylum," as amended by chapter two hundred and sixtythree of the laws of eighteen hundred and seventy-two,
entitled an act to amend an act entitled an act to incorporate the New York Infant Asylum, passed March
eleventh, eighteen hundred and sixty-five, is hereby further
amended so as to read as follows:
Board of   ~ 22. In each and every year after this act shall take
supervisors
to raise by effect, the board of supervisors of the city and county of
tax.    New York shall levy and collect by tax at the same time
and in the same manner as the contingent charges and expenses of the city and county are levied and collected, and
pay over to said corporation such a sum per week for every
infant under eighteen months of age, for whose care some
provision has not been made by some person or persons
as the commissioners of charities and corrections shall
certify to have been expended during the last fiscal year,
in the care and provision for the infants per week each,
in the infants' hospital, which is under the control of
said commissioners; and for every child over the age of
Maintenance eighteen months such a sum per year, in monthly payments,
achchild. as the said commissioners shall certify to have been ex




29


pended as an average cost for maintenance and the
hospital care of each child, for a full year, at the institution known as the Nursery for Children on Randall's Island,
in the last previous fiscal year, as shown and reported by
said commissioners, and the said commissioners shall so
inform and certify, upon the request of the managers of
said asylum, on or before the fifteenth day of February,
in each year, and such certification shall be based upon the
total expenditures charged and chargeable by the said commissioners against their said infants' hospital and their
said nursery (according to the ages of the children continuing in the house), and proportionately for any fraction
of a year for each any every child which agreeable to the
provisions of this act, shall be entrusted to the care and
custody of the said corporation from the city and county
of New York, and shall be supported and maintained by Care and
attendance
them. It is further provided that whenever any homeless to needy
or needy mother has received care and attendance in the
lying in wards of the New York Infant Asylum, the managers of said asylum shall be entitled to receive, and shall
receive, from the county treasurer, as hereinabove provided, the sum of twenty-five dollars for said care and
obstetric attendance, and whenever any mother thus
domiciled and attended at the birth of her child, and
whenever any other homeless or needy mother with a
nursing infant, resides at the asylum by the request of its
officers, and wetnurses her own infant, the managers of
said institution shall be entitled to receive and shall receive
from the county treasurer, the sum of eighteen dollars per
month, and proportionately for any fraction of a month
for each mother so remaining under their charge in said
asylum, provided such residence shall exceed the period
of two months, to be paid as hereinbefore provided in
monthly, quarterly or annual payments, as said managers
may request, but the managers of the said institution shall
not be entitled to receive the said monthly allowance for





30


a longer period than for one year for any mother so remaining.
~ 2. This act shall take effect immediately.
Chapter 274.
AN ACT in relation to arrears of taxes in the city of New
York, and to provide for the reissuing of revenue
bonds in anticipation of such taxes.
Passed May 15, 1876; three-fifths present.
The People of the State of New    York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. At any time within one year after the passage of this act, any person may pay to the comptroller
Arrears of of the city of New York, the amount of any tax upon
taxes, how
and when  property, real or personal, belonging to such person, herepaid.   tofore laid or imposed and now remaining unpaid, together
with interest at seven per cent. per annum, to be calculated
from the time that such tax was imposed to the time of
such payment, and the comptroller shall make and deliver
to the person so making such payment a receipt therefor,
and shall forthwith cancel the record of any such tax.
Tax ceasing Upon such payment such tax shall cease to be a lien upon
be a lien.the property and shall be deemed fully paid, satisfied, and
discharged, and there shall be no right to any further
interest or penalty by reason of such tax not having been
paid within the time heretofore required by law, or by
reason of any statute heretofore passed requiring the payment of any penalty or interest over seven per cent. upon
any unpaid tax.
Reissue of  ~ 2. Any revenue bonds heretofore issued in anticipabrenue   tion of the taxes in the first section specified which may





31


fall due and become payable before such taxes are collected, may be reissued by the comptroller of said city, in
whole or in part, for such period as he may determine, not
exceeding one year.
~ 3. This act shall take effect immediately.
Chapter     175.
AN ACT for the relief of Cornelius Flynn.
Passed May 15, 1876; three-fifths being present.
The People of the State of New     York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. The comptroller of the city of New York Comptroller
to examine
is hereby authorized and required to examine into the claim.
claim of Cornelius Flynn for services rendered by him as
acting assistant clerk of the district court in the city of
New York for the first judicial district, during the months
of January, February, March, April, May, and June, in
the year eighteen hundred and seventy-five; and upon the
production to said comptroller of the original certificate of
appointment of said Cornelius Flynn to the office of assistant clerk of said district court by the justice holding office
as justice of said district court at the time of the execution
of such certificate, a certified copy of the official bond executed by said Cornelius Flynn, and certificate of the filing
thereof with the county clerk of the city and county of
New York, and the certificate by said justice so holding
office as justice of said district court during the period of
said alleged services of the performance by said Cornelius
Flynn of the duties of said office during said period, accompanied by the affidavit of said Flynn, verifying the truth
of such certificate, the said comptroller shall audit and
certify the amount of such claim at the rate established by





32


law as the compensation for the services of the clerks of
the said district courts in the city of New York at the time
of the rendition of such services, and report the same to
Board of  the board of estimate and apportionment of said city, who
estimate and
apportion- shall thereupon make an appropriation for the payment of
ment to
provide for the amount thereof, for which amount the said comptroller
payment of
claim when shall thereupon draw his warrant upon the treasury of the
city of New York, and deliver the same to said Cornelius
Flynn in satisfaction of said claim; and it is further provided that the comptroller of the city of New York shall
be authorized and directed to issue and sell bonds of the
city of New York to raise the amount necessary to pay
such amount in full with interest, which shall be levied and
assessed on the taxable property of the city and county of
New York.
Chapter 291.
AN ACT making an appropriation to the commissioners
of emigration to enable them to perform the duties
imposed upon them by law.
Passed May 15, 1876, by a two-third vote.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Comptroller  SECTION 1. The comptroller of the state is hereby authorof the state
to provide ized and directed to draw his several warrants upon the
for the payment of ex- treasurer, who shall pay the same respectively when prepenses of
commission. sented, in favor of the commissioners of emigration, for
such amounts as they may, from time to time, require for
the purpose of paying the current expenses, during the
year commencing on the first day of May, eighteen hundred and seventy-six, which warrants shall not exceed in
Amount   the aggregate the sum   of two hundred thousand dollars,
limited.





33


but whenever any appropriation shall be made by the
Congress of the United States for the purposes herein
mentioned, no more money shall be paid under this act.
-~ 2. The said sum of two hundred thousand dollars, or
so much thereof as may be necessary, is h6reby appropriated for the'payment of the warrants in and by the first
section of this act mentioned and authorized which shall
be paid out of any moneys in the treasury not otherwise
appropriated.
~ 3. The comptroller is hereby prohibited, however,
from drawing his warrant upon the state treasurer in favor
of the commissioners of emigration, against the funds
hereby, appropriated, unless a detailed account of their Detailed aoexpenses, for which a warrant is desired, be at such time exuenses
must be
presented to the comptroller, duly verified by said commis- furnished.
sioners or a majority of them, and such warrant shall in
no case exceed in amount the expenses incurred by such
commissioners, and for which such detailed account is
presented as aforesaid.
~ 4. This act shall take effect immediately.
Chapter 296.
AN ACT to provide for the determination and payment of the amount due by the city of New York to
that portion of the town of Westchester, which, prior
to January one, eighteen hundred and seventy-four,
was part of joint union school district number two, of
the town of West Farms, for school property taken
by the city of New York.
Passed May 15, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. The board of education of the city of New
York, and the board of education of school district num3





34


ber four of the town of Westchester, in the county of
Westchester, shall examine, audit, and determine the
Proportion amount which ought, proportionally and fairly, to be paid
paid to the by the mayor, aldermen, and commonalty of the city of
Westchester. New York to the inhabitants and estates of that portion
of the town of Westchester, which, prior to the annexation
of the town of West Farms to the city of New York,
formed part of the joint union school district, number
two, of the town of West Farms, for their contribution by
payment- of taxes, to the cost of the land, schoolhouse,
furniture, books, apparatus, and other school property,
which, by such annexation, was vested in and declared
to be the property of the mayor, aldermen, and commonalty.of the city of New York, and for their interest in the
same, and their loss sustained by the vesting thereof in
said city of New York. The amount found due on said
audit, examination, and  determination, with interest
thereon from the first day of January, eighteen hundred
and seventy-four, shall be paid by the mayor, aldermen,
and commonalty of the city of New York, to the board
of education of school district number four, of the town
of Westchester, whose duty it is hereby made to receive
the same for the benefit of said inhabitants and estates of
said portion of the town of Westchester. In case of failFailure of ure of said boards to agree upon the amount so to be paid,
th gre"8 within six months after the passage of this act, the
supreme court, in the second department, shall have power
and jurisdiction to determine such amount, after hearing,
in an action which said board of education of school district number four, of the town of Westchester, is hereby
authorized to commence, after six.months, and within one
year, from the passage of this act, in the name of said.
board, against the mayor, aldermen, and commonalty of
the city of New York, and in said action said court shall
adjudge the payment of such amount as shall proportionally and fairly be due upon the principles hereinbefore
declared.





35


~ 2. Within ninety days after the passage of this act comptroller
the  comptroller of the city of New     York is hereby bond.
directed to borrow, on the credit of the mayor, aldermen
and commonalty of the city of New York, on bonds of
the said city, to be denominated revenue bonds, and in
anticipation of the collectibn of the taxes to be levied and
imposed on the property, real and personal, subject to taxation in the city and county of New York for the year
one thousand eight hundred and seventy-six, the sum of
ten thousand dollars for the purpose of paying the amount
which shall be audited and determined to be due as aforesaid. The revenue bonds herein mentioned shall bear
interest at the rate of not exceeding seven per cent. per
annum.
~ 3. It shall be the duty of the said comptroller of the comptroller
to pay withcity of New York, and he is'hereby directed to pay, with- interet.
in ten days after the determination of the amount due as
aforesaid, the money derived from the sale of said bonds
to the said board of education of school district number
four, of the town of Westchester, so far as the same may
be necessary to pay the amount so determined or adjudged
to be due, with interest to the day of payment.
~ 4. The board of estimate and apportionment of New Amount
thus paid to
York are hereby authorized, directed and required to causebe raised by
to be included in the taxes to be levied and raised in the taxes.
said city of New York for the year one thousand eight
hundred and seventy-six, upon the estates subject to taxation in the city and county of New York, an amount
sufficient to pay the revenue bonds herein directed to be
issued by the said comptroller in anticipation of the collection of the said taxes, with all interest due or to become
due thereon.
~ 5. For the purpose of this act, all acts or parts of acts
inconsistent with this act are hereby repealed.
~ 6. This act shall take effect immediately.





36


Chapter 300.
AN ACT for the relief of Patrick McCabe.
Passed May 15, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
comptroller  SECTION 1. The comptroller of the city of New York is
~Im.ne hereby authorized and required to examine into the claim
of Patrick McCabe, for services rendered by him as acting
assistant clerk of the district court in the city of New
York, for the third judicial district, from  the first day of
January, eighteen hundred and seventy-four, to the first
day of July, eighteen hundred and seventy-five; and upon
the production to said comptroller of the original certificate of appointment of said Patrick McCabe to the office
of assistant clerk of said district court, by the justice
holding office as justice of said district court at the time
of the execution of such certificate, a certified copy of, the
official bond executed by said Patrick McCabe, and a
certificate of the filing thereof with the county clerk of
the city and county of New York, and the certificate of
the justice holding office as justice of said district court
during the period of said alleged services, of the performance by said Patrick McCabe of the duties of said office
during said period, accompanied by the affidavit of said
McCabe verifying the truth of such certificate, the comptroller shall audit and certify the amount of such claim at
the rate established bylaw   as the compensation for the
services of the clerks of the said district courts in the city
of New York at the time of the rendition of such services,
Board of  and report the same to the board of estimate and apportionapportion- ment of said city, who shall thereupon make an appropriation
ment to
prvide mt  for the payment of the amount thereof, for which amount
m, when the said comptroller shall thereupon draw his warrant upon
audited.r





37


the treasury of the city of New York, and deliver the
same to said Patrick McCabe, in satisfaction of said claim;
and it is further provided that the comptroller of the city
of New York shall be authorized and directed to issue
and sell bonds of the city of New York to raise the
amount necessary to pay such amount in full with interest,
which shall be levied and assessed on the taxable property
of the city and county of New York.
Chapter 316.
AN ACT relative to judgments entered upon forfeited
recognizances in the city and county of New York.
Passed May 16, 1876.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The court of common pleas for the city and
county of New York, upon the certificate of the district
attorney of the county of New York, that the people of
the state of New York have lost no rights by reason of
the failure of a surety to produce a principal in compliance
with the terms of a recognizance given by them, and that Forfeited reby reason of the principal being produced, the said people cogances
of the state of New York are in as good a position to
prosecute said principal as when such failure occurred,
may by order vacate and set aside any judgment heretofore entered, or that may be hereafter entered, upon the
forfeiture of such recognizance against such principal or
surety, or either of them, on payment to the chamberlain
of the city of New York of all costs included in such
judgment and of all expenses incurred in the apprehension or recapture of such principal.


~ 2. This act shall take effect immediately.





38


Chapter 356.
AN   ACT in relation to summary proceedings in the city
of New York, to recover the possession of lands for
non-payment of rent and for holding over after expiration of term.
Passed May 19, 1876; three-fifths being present.
The People of the State of New    York, represented in
Senate and Assembly, do enact as follow8:
SECTION 1. No proceedings shall be taken before any
justice of any district court of the city of New York to
dispossess any tenant or tenants under the statute in relaispossess tion to summary proceedings to recover the possession of
proceedings,
where re  lands unless the summons is returnable and all the proturnable.
urna ceedings are before such justice at the district court-house,
or the building designated by the mayor, aldermen and
commonalty of the city of New York as the place where
the court of said justice shall be held.
Clerk to pay ~ 2. All costs and fees allowed by law to any such justroller al  tice in any such proceeding shall be paid to the clerk of
amats and
fes.     the district court of the justice before whom such proceedingis commenced, and every such clerk shall, monthly,
on the last day of each month, account for, return and
pay over all such costs and fees therefor paid to the comptroller of the city of New York.


~ 3. This act shall take effect immediately.





39


Chapter 372.
AN ACT to amend chapter four hundred and twenty-one
of the laws of eighteen hundred and seventy-four,
entitled "An act to secure to children the benefits of
an elementary education."
Passed May 20, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do hereby enact as follows:
SECTION 1. Section two of chapter four hundred and
twenty-one of the laws of eighteen hundred and seventyfour, entitled " An act to secure to children the benefits of
an elementary education," is hereby amended so as to read
as follows:
~ 2. No child under the age of fourteen years shall be children under fourteen
employed by any person to labor in any business whatever not to be
during the school hours of any school day of the school during
school hours
term of the public school in the school district of the city
where such child is, unless such child shall have attended
some public or private day school where instruction was
given by a teacher qualified to instruct in spelling, reading,
writing, geography, English grammar and arithmetic, or
shall have been regularly instructed at home in said
branches, by some person qualified to instruct in the same, Thoseeat least fourteen weeks of the fifty-two weeks next pre- stuction
ceding any and every year in which such child shall be exepted.
employed, and shall, at the time of such employment, deliver to the employer a certificate in writing, signed by the certificate of
i instruction
teacher or school trustee of the district, or of a school, and to be ad
countersigned by such officer as the board of education or employers.
public instruction, by whatever name it may be known in
any city, incorporated village or town, shall designate,
certifying to such attendance or instruction, and any person who shall employ any child contrary to the provisions





40


Penalty t  of this section, shall for each offense forfeit and pay a
be paid by
employe, penalty of fifty dollars to the treasurer or chief fiscal officer
of act.  of the city or supervisor of the town in which such offense
shall occur; the said sum or penalty, when so paid, to be
added to the public shool money of the school district in
which the offense occurred.
~ 2. Section three of said act is herby amended so as to
read as -follows:
school trs-  ~ 3. It shall be the duty of the trustee or trustees of
tees, duty o. every school district, or public school, or union school, or
of officers appointed for that purpose by the board of education or public instruction, by whatever name it may be
known, in every town or city, in the months of September
and of February of each year, and at such times as may be
deemed necessary, to examine into the situation of the
children employed in all manufacturing and other establishments in such school districts where children are employed, and in case any town or city is not divided into
school districts, it shall, for the purposes of the examination provided for in this section, be divided by the school
authorities thereof into districts, and the said trustees or
other officers as aforesaid, notified of their respective districts on or before the first day of January of each year,
and the said trustee or trustees, or other officers as aforesaid, shall ascertain whether all of the provisions of this
act are duly observed, and report all violations thereof to
the treasurer or chief fiscal officer of said city or supervisor
imployers of said town. On such examination the proprietor, supernitist exhibit
lit of ch~- intendent, or manager of said establishment shall, on
ploe, etc. demand, exhibit to said examining trustee or other officers
as aforesaid, a correct list of all children between the ages
of eight and fourteen years, employed in said establishment, with said certificates of attendance on school or of
instruction.





41


~3. Section 5 of said act is hereby amended so as to
read as follows:
~ 5. The trustee or trustees of any school district or
public school, or the president of any union school, or such
officer as the board of education of said city, incorporated
village or town may designate, is hereby authorized and
empowered to see that sections one, two, three, four, and school ormcers must
five of this act are enforced, and to report in writing all reuort
yiolations thereof to the treasurer or chief fiscal officer ofoto.
this city, or to the supervisor of his town; any person who
shall violate any provision of sections one, three, and four
of this act shall, on written notice of such violation from
one of the school officers above named, forfeit for the first
offense, any pay to the treasurer or chief fiscal officer of the Penalty for
the first
city, or to the supervisor of the town in which he resides, offense.
or such offense has occurred, the sum  of one dollar, and
after such first offense, shall for each succeeding offense in
the same year, forfeit and pay to the treasurer of said city,
or supervisor of said town, the sum of five dollars for each
and every week, not exceeding thirteen weeks in any one For succeed~                                ing offenses.
year, during which he, after written notice from said school
officer, shall have failed to comply with any of said provisions; the said penalties, when paid, to be added to the
public school money of said school district in which the
offense occured.
~ 4. Section seven of said act is hereby amended so as to
read as follows:
~ 7. In case any person having the control of any child
between the ages of eight and fourteen years is unable to
induce said child to attend school for the said fourteen
weeks in each year, and shall so state in writing to said
trustee or said other officers, appointed by the board of
education or public instruction, by whatever name it may
be known, the said child shall, from and after the date and
delivery to said trustee or other officer as aforesaid of said





42


buantb,  statement in writing, be deemed and dealt with as an
dealt with. habitual truant, and said person shall be relieved of all
penalties incurred for said year after said date, under sections one, four, and five of this act, as to such child.
~ 5. Section eight of said act is hereby amended so as to
read as follows:
Board of   ~ 8. The board of education or public instruction, by
education
empowered whatever name it may be called, in such city and incorpoto make provision con- rated village, and the trustees of the school districts and
cerning
habitual  union schools in each town, by an affirmative vote of a
truants.  majority of said trustees, at a meeting or meetings to be
called for this purpose, on ten days' notice, in writing to
each trustee, said notice to be given by the town clerk, are
for each of their respective cities and towns hereby authorized and empowered and directed, on or before the
first day of January, 1877, to make all needful provisions,
arrangements, rules and regulations concerning habitual
truants, and children between said ages of eight and fourChildren  teen years of age, who may be found wandering about the
found
wandering streets or public places of said city or town during school
during
9chool   hours of the school day of the term of the public school of
said city or town, having no lawful occupation or business,
and growing up in ignorance; and said provisions, arrangements, rules and regulations shall be such as shall, in their
judgment, be most conducive to the welfare of such children, and to the good order iof said city or town: and
Places of  shall provide suitable places for the discipline and instrucdiscipline
and instruc- tion and confinement, when necessary, of such children,
and may require the aid of the police of cities or incorporated villages and constables of towns to enforce their said
rules and regulations; provided, however, that such
provisions, arrangements, rules and regulations, shall not
go into effect as laws for said several cities and towns until
they shall have been approved in writing by a justice of
the Supreme Court, for the judicial district in which said





43


city, incorporated village or town is situated, and when so nuleand
regulations
approved he shall file the same with the clerk of the said to be approved of by
city, incorporated village or town, who shall print the a justice of
the supreme
same and furnish ten copies thereof to each trustee of each court.
school district, or public or union school of said city,
incorporated village or town; the said trustees shall keep
one copy thereof posted in a conspicuous place, in or upon Copies of
rules to be
each school house in his charge during the school terms posted in
each school
each year. In like manner the same in each city, incor- house.
porated village or town may be amended or revised within Rules may
be amended.
six months after the passage of this act, and thereafter
annually as the trustee or trustees of any school district, or
public school, or the president of any union school, or the
board of education or public instruction, or by whatever
name it may be known, in any city, incorporated village
or town, may determine.
~ 6. This act shall take, effect immediately.
Chapter 376.
AN   ACT to prevent the deposit of mud, earth, soil, ashes,
or refuse in the North or Hudson river, and to prevent the filling up the navigable waters of said river,
and to preserve the navigation thereof.
Passed May 20, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. It shall be unlawful for any person or per- No refueto
sons, by means of any boats, scows, or vessels, or in anybe umpd,
other manner whatever, to cast, throw, dump, or deposit
any mud, earth, soil, ashes, refuse, stone, rock, or other
solid substance or materials, into the waters of the North or obtructionor Hudson river, or to place, construct, or buildplaced any conor Hudson river, or to place, construct, or build: any con- in the river.





44


trivance, substance, or thing whatever, within said waters,
which shall or may operate in any manner whatever to
lessen or decrease the depth of such waters, or in any
manner whatever interfere with niavigation therein, or
imperil or jeopardize the free and safe navigation thereof,
or tend in any manner thereto; provided, however, that
Bxceptions. nothing herein shall prevent any steamboat or steam vessel from dumping or casting into said river at any point
not between the city of New York and Stoney Point, or
between Tivoli and the State dam above Troy, any ashes
which shall be accumulated upon such boat or vessel upon
any trip.
penalties.  ~ f. Any person designedly doing any act forbidden by
the provisions of this act shall be deetned guilty of a misdemeanor and liable to imprisonment for a term of not
more than sixty days, or to a fine of not more than one
hundred dollars, or both, in the discretion of the court,
for each and every offense, and may be arrested by the
authorities of either of the counties adjacent to the Hudson river at the location where such offense shall be committed. The courts in said counties, respectively, shall
have concurrent power and jurisdiction to try such offender
or offenders, whether the offense be committed in the
respective county or not.    -Any constable, policeman,
sheriff, under or deputy sheriff, alderman of a city or
trustee of a village, in either of said counties, finding or
Offenders  seeing any person or persons offending against the proted with- visions of this act, may and it is hereby declared to be his
out arrt. duty to arrest, without warrant, such person or persons so
offending, and them to take before the nearest magistrate
to be dealt with for such offense according to law.
Additional  ~ 3. Any persons offending against the provisions of
penalties.  this act, shall also forfeit and pay a penalty of fifty dollars for each offense, to be recovered by suit or action at
law in any court having jurisdiction.  Such action may be





45


brought in any county adjacent to said river, in the name
of any municipal corporation, or in the name of any commissioner of highways or overseers of the poor of any
town located within either of said counties, and the sum
of money recovered in such action shall be for the super- Fines to be
0                                      used for
visors of the county in which such action is tried, for the beneft of
the poor.
benefit of the poor of said county.e poo
~ 4. This act shall not apply to the depositing of sub- Act not to
0apply in cerstances upon the building of wharves or piers upon, or the tai caes.
filling in of land under water granted by the people of the
state of New York to any person, or the waters now dyked
off by the river commissioners for improving the channel
of the river, or when such act, which otherwise would be
an offense, is done by the owner of such land or under his
authority, or by his direction or by direction of any public
officer having charge of the improvement of the river.
Nor shall this act apply to the sweeping, washing, or clearing from the decks of canal boats, freight, passenger or
pleasure boats or vessels, of such dirt' only as collects
naturally thereon from the use thereof of human beings
using the same for transportation or pleasure, nor the hauling of fire from the furnance-grate, of any steamboat having state rooms above the main deck, provided no coal or
ashes shall be dumped from the ash-box of said steamboat
except as.authorized in the first section of this act, nor to the
setting of shad poles in the shad season; nor to the use of Shad poles
etc., allowed
any other devices or contrivances for the purposes of fish- to be set in
the season
ing in any season of the year, but no such setting of shad within certain limits.
poles or devices for fishing shall be allowed below the
northerly line established by the harbor commissioners of
the city of New York; nor shall this act apply to throwing overboard the refuse and waste matter which ordinarily accumulates in and about canal boats engaged in the
transportation of goods and merchandise. But this act
shall not be construed to authorize the throwing in said
water of food or any contrivance or device in which food
may be kept, carried, or preserved.





46


~ 5. In case the mud-scow from which such mud, earth,
soil, ashes, refuse, stone, rock, or other solid substance
shall be cast, thrown, dumped, or deposited, as specified in
section 1, shall be towed by a steamboat or tug to the
point at which such substance shall be thrown, dropped,
asters of cast, dumped, or deposited, the master of such steamboat
contractor or tug and the contractor using the same shall be jointly
toibe joi  and severally liable to a penalty of two hundred dollars
violations. for each and every such offense, recoverable in an action
by any overseer of the poor, or supervisor of any town
located within any of said counties, in any court having
jurisdiction of an action for penalties, not exceeding two
hundred dollars, for the supervisors of the county in which
such action is tried for the benefit of the poor of said
county.
Penalties for  ~ 6. Any person who shall accept any money or other
i   'for8 valuable thing by way of compromise for the violation of
violations. any of the provisions of this act, without the approval of
the court, shall be deemed guilty of a misdemeanor.
Chapter 409.
AN ACT to enable the court of general sessions of the
peace of the city and county of New York to appoint
an interpreter.
Passed May 24, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Appoint-   SECTION 1. The court of general sessions of the peace is
mef,nd hereby authorized and empowered to appoint an interpreter for said court. The interpreter to be appointed by
virtue hereof shall receive an annual compensation, to be
fixed by said court, not to exceed two thousand five hundred dollars per annum.





47


~ 2. The expense of carrying into execution the pro-Board of
~.estimate
visions of this act and the salary of the said interpreter andapportionment to
whose appointment is hereby authorized, shall be a county provide for
the payment
charge, and the board of estimate and apportionment of ofalary.
said city and county of New York shall provide for the
payment of the same, so soon as the sums requisite therefor
shall be certified to the said board by the said court of
general sessions.
~ 3. This act shall take effect immediately.
Chapter 411.
AN ACT to amend chapter three hundred and twentynine of the Laws of eighteen hundred and seventyfour, entitled "An act to re-enact and amend an act,
entitled 'An act to provide for the annexation of the
towns of Morrisania, West Farms, and Kingsbridge,
in the county of Westchester, to the city and county
of New York,'" passed May twenty-three, eighteen
hundred and seventy-three.
Passed May 25, 1876; three-fifths being present.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
SECAION 1. Section seventeen of chapter three hundred
and twenty-nine of the laws of eighteen hundred and
seventy-four, entitled "An act to re-enact and amend anm
act to provide for the annexation of the towns of Morrisania, West Farms, and Kingsbridge, in the county of
Westchester, to the city and county of New York," passed
May twenty-third, eighteen hundred and seventy-three, is
hereby amended to read as follows:
~ 17. (1.) It shall be the duty of the board of commissioners of the department of public parks of the city of





48


commisy  New York to cause to be made maps of the territory consioners of
the depart- stituting the twenty-third and twenty-fourth wards, as dement of public parks to fined by this act, for the use of the department of taxes
cause maps,
etc., to be and assessments of New York city. Such maps shall show
all street, road, and property lines, and the divisions of all
lots and separate properties, and the dimensions of the
same. The said maps shall be of such scale, form, and dimensions, and bound in volumes of such size as may be
directed by the commissioners of taxes and assessments.
The said lots and separate property shall be designated on
said maps by numbers, as may be directed by the Commissioners of taxes and assessments.
(2.) The commissioners of the department of public
parks shall cause such maps and such surveys as may be.Maps, by found necessary for their completion, to be made by comwhom made.
petent surveyors and draughtsmen in the office and under
the direction of the civil and topographical engineer in
charge of surveying, laying out, and monumenting the
twenty-third and twenty-fourth wards, and, so far as practicable, from the maps of topographical surveys of the town
of Morrisania, made under the direction of the commissioners appointed under chapter eight hundred and forty-one
of the laws of eighteen hundred and sixty-eight, and the
topographical maps of the towns of West Farms and
Kingsbridge, made under the direction of the commissioners of the Central park and the commissioners of the department of public parks, which said maps are now in the
possession of said department of public parks.
Appropria-  (3.) The board of estimate and apportionment of the city
tion for.  of New York is hereby authorized to appropriate from
any unexpended balances for the year eighteen hundred
and seventy-five the sum of ten thousand dollars, for the
use of the department of public parks, to pay for work
which may be done under this act during the year eighteen
hundred and seventy-six.





49


(4.) The board of estimate and apportionment of the
city Of New York shall annually include in the estimate
of the amounts necessary to pay the expenses of conducting
the business of the department of public parks of the city
of New York such sum or sums of money as shall in the
judgment and discretion of said board be necessary to carry
on the work authorized by this act.
~ 2. This act shall take effect immediately.
Chapter 413.
AN ACT in relation to the clerks, officers, and attendants
of the marine court of the city of New York.
Passed May 25, 1876; three-fifths present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The marine court of the city of New York Number of
shall hereafter be entitled to the following number of erkaclerks, assistant clerks, stenographers, attendants, and etcdesg.
interpreters: one clerk, three deputy clerks; not more than
ten assistant clerks; not more than three stenographers;
not more than thirteen attendants, and one interpreter.
~ 2. The said clerks, officers, attendants, and interpreter
of said court shall receive the following salaries: The
clerk, four thousand dollars; one deputy clerk, three sa     of,
thousand five hundred dollars; and the other deputy clerks i"
three thousand dollars each; the assistant cleiks, two thousand dollars each; the stenographers, two thousand dollars
each; the attendants, twelve hundred dollars each, and.the interpreter, fifteen hundred dollars.
4





50


Chief clerk,  3. The chief clerk of said marine court may be rehow remov-.'
ed.      moved by the court at pleasure, and any vacancy by
removal or otherwise shall be filled by the court.
Deputy     ~ 4. The several deputy clerks, assistant clerks, stenogclerks, etc.
remo'aiof. raphers, attendants, and interpreter may be removed by
the chief clerk of said court at pleasure, and any vacancy
by removal or otherwise shall be filled by the said clerk.
~ 5. The provisions of any act inconsistent with the
provisions of this act, are hereby repealed.
~ 6. This act shall take effect immediately.
Chapter 414.
AN ACT to amend chapter six hundred and seventy-one
of the laws of eighteen hundred and fifty-seven, entitled "An act to establish regulations for the port of
New York."
Passed May 25, 1876; three-fifths present.
The People of the State of New York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. Section seven of chapter six hundred and
seventy-one of the laws. of eighteen hundred and fifty-seven,
entitled "An act to establish regulations for the port of
New York," is hereby amended so as to read as follows:
Mud, sand,  ~ 7. When any slip, basin, or shoal in the port of New
etc., how
Adiposed of. York shall be dredged or excavated, it shall be the duty
of   the  person  or persons causihg    the same    to  be
dredged to cause the sand, mud, or other material so
dredged to be towed to sea to a point at least three miles
outside of Sandy Hook, or deposited at some place above





51


high-water mark, or to be deposited behind a bulkhead for
filling; and any person wilfully violating the provisions of
this section shall forfeit and pay to the said commissioners
the sum of five dollars for every cubic yard removed not
so disposed of, one-half of which shall be retained by the
commissioners.
~ 2. This act shall take effect immediately.
Chapter 429.
AN ACT to provide for payment for the use and occupation of armories and drill-rooms in the city of New
York.
Passed May 26, 1876; three-fiths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. Whenever any building or buildings in the
city of New York, between the first day of January,
eighteen hundred and seventy-one, and the first day of
May, eighteen hundred and seventy-six, has or have been,
or shall be, in whole or in part, actually used and occupied Buildins
used and
as an armory or drill-room or rooms, for any regiment or occupied as
armories and
other organization of the national guard of the state of drill-rooms.
New York, it shall be lawful for the comptroller of the city
of New York to, and he shall, and the mayor, aldermen,
and commonalty of the city of New York are hereby made
liable to pay for such use and occupation, during such
period as has not bedh paid for, such compensation as shall
be determined to be fair and reasonable by a commis- commission,
sion consisting  of the mayor and comptroller of the onistg.
city of New York and such commissioner of the depart




52


ment of taxes and assessments of the said city as the
said comptroller shall,, and he is hereby    required to,
designate, within ten days after the passage of this act;
the'determination of a majority to be the decision of the
commission.
claimants to  ~ 2. Claimants may be heard before the commission upbe heard
upon ten  on ten days' notice to the department of finance, and upon
days' notice. the hearing, witnesses may be examined for and against
the claim. The commissioners are, and each of them is,
hereby authorized to administer an oath to witnesses. The
attendance of witnesses may be compelled by subpoena,
signed by'any commissioner.
Determina.  ~ 3. The commissioners, or a majority of them, shall
tion of the
commi-   certify and report in writing, and file in the office of the
sioners to be
filed.   comptroller of the city of New York, their determination
upon each claim brought before them, and such determination shall be final and binding upon all parties concerned.
The comp-  ~ 4. The comptroller of the city of New York is hereby
troller to
issue bonds. directed to borrow upon bonds of the mayor, aldermen,
and commonalty of the city of New York, bearing interest at a rate not exceeding seven per cent. per annum, and
payable at a period not to exceed three years from    the
date thereof, such amounts as shall be necessary to make
all the payments herein provided for.


~ 5. This act shall take effect immediately.





58


Chapter 439.
AN   ACT to provide for a further supply of pure and
wholesome water for the twventy-third and twentyfourth wards of the city of New York.
Passed May 27, 1876; three-fifths being present.
The People of the State of New    York, represented in
Senate and Assembly, do enact asfollows:
SECTION 1. The commissioner of public works of the
city of New York is hereby authorized to expend for
materials and labor, and other services, in such munner as
the said, commissioner shall deem for the best interests of
said city in laying pipes and doing such other things as Pipes, etc.,
S&for the dismay be necessary to the distribution of Croton water for tibution of
S',                                       Croton water
the extinguishment of fires and all other purposes that may inthe 2t
be required in the twenty-third and twenty-fourth wards wards.
of said city of New York, a sum not exceeding three hundred thousand dollars. The work connected with the
laying of such pipe shall be done and performed by con- work to be
done by contract, entered into by the department of public works of tract.
said city, founded on sealed bids or proposals, made in
compliance with public notice, duly advertised in the City
Record; said notice to be published at least ten days, and
all such contracts when given shall be given to the lowest
bidder, the terms of whose contract shall be settled by the
counsel to the corporation as an act of preliminary specification to the bid or proposal, and who shall give security
for the faithful performance of his contract in such amount
as may be required, and the adequacy and sufficiency of
said security shall, in addition to the justification and acknowledgment, be passed upon and determined by the
comptroller of said city within twenty days from and after
the declaration of the award of said contract. All bids or
proposals shall be publicly opened by the officers advertis- Bids when
ing for the same, and in the presence of said comptroller;opened.





54


but the opening of the bids shall not be postponed if the
comptroller shall, after due notice, fail to attend. If the
Aocepta ce lowest bidder shall neglect or refuse to accept the contract
ntrt within forty-eight hours after written notice that the same
has been awarded to his bid or proposal, or if he accepts,
but does not execute the contract, and give the proper
security, it shall be readvertised and relet as above proWork aban vided. In case any work shall be abandoned by the contractor. tractor, it shall be readvertised and relet by the commissioner of public works in the manner in this section
Bid to be  provided. And any bid shall be rejected which, if at the
rejeced.  time it is submitted, is not accompanied by a certified
check payable to the order of the comptroller of the city
of New York, for an amount equal to one per cent. of the
entire amount named in the bid, which said check shall be
forfeited to the city in case the bid shall be accepted, and
the bidder or bidders shall not furnish good and sufficient
ureties.  sureties for the performance of the contract thereunder,
and the said sureties shall not justify according to law;
and upon the justification of the said sureties, the said
check shall be returned to the contractor; and in either of
such cases, it shall be lawful to.readvertise for the performance of such work, and furnishing such supplies and
materials, and to receive new bids or proposals therefor.
The amount herein authorized to be expended is hereby
declared to be in reduction to that extent of the amount
authorized to be expended under chapter four hundred
and seventy-seven of the laws of eighteen hundred and
seventy-five.
Bonds to be  ~  It shall be the duty of the comptroller of the city
issued   of New York, and he is hereby authorized and directed,
to borrow upon bonds or stocks of the mayor, aldermen,
and commonalty of the city of New York, such amounts
as the commissioner of public works shall, from    time to
time, deem necessary to carry out the provisions of the
first section of this act, not, however, exceeding in the.





DD55


whole the sum of three hundred thousand dollars. And
-the mayor and comptroller of said city of New York are
hereby authorized and directed to sign such bonds; such Bonds, how
bonds shall be entitled "Croton water main stock of the signed.
city of New York," and shall bear interest at a rate not
exceeding seven per cent. per annum, and shall be redeemable in not less than ten nor more than fifty years from when rethe date of their issue, as the said comptroller shall deter- deemed.
mine to be for the best interest of said city. Such bonds
shall not be disposed of for less than the par value thereof,
and it shall be the duty of the clerk of the common council of said city to countersign the same, and affix the seal
of the city thereto. And the proper authorities of the
city and county of New York are hereby authorized and
directed to cause to be raised, from time to time, by tax
upon the estates, real and personal, subject to taxation, in
the city and county of New York, the sum     of money
which may be required to pay the interest on said bonds
and to redeem them at maturity.
~ 3. The money to be raised by virtue of this act, shall
be applied and expended for the purposes authorized by
this act, and for no other purpose whatever.
~ 4. The faith of the city and county of New York, and Payment of
interest of
the revenues thereof, are hereby pledged for the payment ondsa.
of the interest of said bonds or stock, and the redemption
of the principal of said debt hereby created, and the bonds
authorized 'to be issued under this act.


~ 5. This act shall take effect immediately.





56


Chapter 433.
AN ACT to amend chapter fifty-six of the laws of
eighteen hundred and seventy-one, entitled "An act
to provide a further supply of pure and wholesome
water for the city of New York."
Passed May 27, 1876; three-fifths being present.
The PeQple of the State of New  York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. Section eight of chapter fifty-six of the laws of
eighteen hundred and seventy-one, entitled "An act to
provide a further supply of pure and wholesome water for
the city of New York, is hereby amended so as to read
as follows:.
~ 8. If, in executing any of the provisions of this act, it
becomes necessary or proper to use, occupy, or overflow
the ground now occupied by a public highway, the aforesaid mayor, aldermen, and commonalty may either raise
the surface of such highway above the surface of the water,
Title of land or acquire the title for and cause a new and convenient
quired,  highway to be laid out and constructed in lieu thereof,
provided said highway shall be located, subject to the approval of the board of supervisors of Putnam county, and
the said commissioners shall make due and reasonable
Allowance allowance to parties injuriously affected by the alteration
on any road; said new highway shall be of as great width
and as well drained and graded as the one discontinued.
When such new highway has been completed, the said
commissioner of public works shall deposit a map of the
same in the office of the clerk of the town or of the towns
in which said highway is located. The said new highway
shall thereupon become a public highway in lieu of that
occupied by the works constructed pursuant to this act.
~ 2. This act shall take effect immediately.





57


Chapte 434.
AN ACT to provide for the audit and        payment of
claims for repairs, printing, labor, and other incidental
matters in and about public school buildings, incurred
during the years eighteen hundred and sixty-nine,
eighteen hundred and seventy, eighteen hundred and
seventy-one, and eighteen hundred and seventy-two,
by the trustees of the common schools of the several
wards in the city of New York, and to provide means
therefor.
Passed June 1, 1876; three-fifths being present.
The People.of the State of New   York, represented in
Senate and Assembly, do enact as follow8:
SECTION 1. The board of education of the city of New
York are hereby authorized and required, within thirty
days after the passage of this act, to audit and adjust the
several claims which have heretofore been filed with the
clerk of said board in the office of said board, for mechanics, Clerk of tbs
services and other expenses relating to the school build- e aon to
audit claims
ings under the charge of said board, and which remain un- unadjusted.
adjusted for the years eighteen hundred and sixty-nine,
eighteen hundred and seventy, eighteen hundred and
seventy-one, and eighteen hundred and seventy-two, which
claims, in the aggregate, shall not exceed twenty-five
thousand dollars.
~ 2. Within ninety days after the passage of this act the
comptroller of the city of New York is hereby directed
to borrow, on the credit of the mayor, aldermen, and com- Payment of,
how made.
monalty of the city of New York, on bonds of the said
city, to be denominated revenue bonds, and in anticipation
of the collection of the taxes to be levied and imposed on
the property, real and personal, subject to taxation in the
city and county of New York for the year one thousand
eight hundred and seventy-six, the sum of twenty-five
thousand dollars, or so much thereof as may be necessary





58


for the purpose of.paying the clainms which are referred to
in section one, and which shall be audited and adjusted by
said board. The revenue bonds herein mentioned shall
bear interest at the rate of not exceeding seven per cent.
per annum.
~ 3. It shall be the duty of the said comptroller of the
city of New York, from the moneys derived from the sale
of said bonds, to pay the amount of such claims as he shall
deem to be just, after the same have been allowed and cerTo be certi- tified to him as correct and just by the auditor of accounts
in the finance department, and no claims referred to in section one shall be paid until after certification thereof is
made to the finance department by the board of education.
Payment of  ~ 4. The board, of estimate and apportionment of the
the bonds., city Of New  York are hereby authorized, directed, and
required to cause to be included in the taxes to be levied
and raised in the said city of New York, for the year one
thousand eight hundred and seventy-six, upon the estate
subject to taxation in the city and county of New York,
an amount sufficient to pay the revenue bonds herein
directed to be issued by the said comptroller in anticipation
of the collection of the said taxes, with all interest due or
to become due thereon.
~ 5. For the purpose of this act, all acts or parts of acts
inconsistent with this act are hereby repealed.


~ 6. This act shall take effect immediately.





59


Chapter 436.
AN   ACT to amend chapter six hundred and four of the
laws of eighteen hundred and seventy-four, entitled
" An act to provide for the surveying, laying out, and
monumenting of certain portions of the city and
county of New York, and to provide means therefor.'
Passed June 2, 1876; three-fifths being present.
The People of the State of New   York, represented in
Senate and Assembly, do enact as follows:
SECTION 1. The second section of an act entitled " An
act to provide for the surveying, laying out, and monumenting of certain portions of the city and county of New
York, and to provide means therefor," passed June fifth,
eighteen hundred and seventy-four, is hereby amended by
adding at the end thereof, the following: On the maps Maps, how
or plans prepared and filed in accordance with the provisions of this act, the said commissioners of the department
of public parks shall designate each street, avenue.or road,
as belonging to one of three classes. A street, avenue, or
road of the first class shall be such as in the judgment of
said commissioners, is or may be needed for the convenience of the general public, either as a main route of travel,
or for drainage. The streets of this class may be opened
by the board or the department of the city government
having control of such opening, whenever in their opinion
the interest of the pifblic demands such opening or grading.
A street, avenue, or road of the second class shall be such street or
as in the judgment of said dommissioners is or may be opn" how
needed for the use or convenience of the inhabitants of
certain areas or districts, as thoroughfares but which are
not main routes of travel. Streets of this class shall be
opened only on the petition of the owners of at least one
third of the linear feet of frontage on such streets, and the
streets intersecting the same for five hundred feet in each





60


direction from such intersection. A street, avenue, or road
of the third class shall be such as in the judgment of the
said commissioners is or may be needed only, for the subdivision of the property through which it passes. Streets
of this class shall be opened or graded only on the petition of the owners of at least three-fourths of the linear
feet of frontage on such streets.
~ 2. This act shall take effect immediately.
Chapter 447.
AN ACT in relation to Riverside avenue and park in the
city of New York.
Passed June 2, 1876; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:
Payment for SECTION 1. The comptroller of the city of New York
labor and
materi.  is hereby authorized and directed to pay for any work,
services, or material furnished, or to be furnished under
any contract or contracts for improving the avenue known
as Riverside avenue, in the city of New York, as laid out
under the second section of chapter eight hundred and fifty
of the laws of eighteen hundred and seventy-three, and
shown upon,a map thereof, filed under the provisions of
said section, on the twenty-third day of February, in the
year one thousand eight hundred and seventy-five, by the
construction of the roadways, curb and gutter and sidewalks, which have been or may be adopted by the department of parks; and in order to enable the said comptroller
to make such payments, he is hereby authorized, empowered, and directed to borrow from time to time, in the
name   of the mayor, aldermen, and     commonalty   of





61


the city of New    York, by the isstAe 6f bonds e*aring Bonds to be
such rate of interest as he may deem propjf not exceeding issued.
seven per cent. per annum, such sums as shall be riecessary
to pay all expenses incurred or to be incurred, as aforesaid;
the expenses of such work shall be assessed by the board Asment
of assessors, of said city, on the property benefited, and made
the money collected by such assessment is hereby pledged
for the redemption of the bonds so to be issued.
~ 2. The whole of the land embraced within the bound- Declared on
aries of Riverside avenue, is hereby declared to be one of ofothe rks
the parks and public places in the city of New York, and New York.
shall be under the control and management of the department of parks of said city, subject to the provisions of the
first section of this act in respect to the roadways, curb
and gutter, and sidewalks therein mentioned.


~ 3. This act shall take effect immediately.