to give of officers. § 4. The said trustees shall have power to make such by-laws, rules By-laws. and regulations, from time to time, as they may deem expedient and proper, not inconsistent with the charter and ordinances of said village, and may be convened by the president, or as may be provided by said laws, rules and regulations. The treasurer shall give security Treasurer to said board of trustees for the faithful performance of his duties, security. and at every annual meeting, or oftener, if required by the trustees, shall render to them an account of the property of the department, and of his action as treasurer. The said trustees shall have power to Removal remove any of the officers of the board of trustees after three days' previous notice in writing of the charges preferred, and elect others instead. A majority of the trustees shall constitute a quorum for the Quorum. transaction of business, and the acts of said board, herein authorized, may be done by said majority. The board of trustees shall fill all Vacancies. vacancies which may occur in the offices of said board, until the next election after the occurrence of such vacancies, and may, by its president, or otherwise, as such board shall direct, call special elections to fill vacancies in any of the offices in this act mentioned; but in case of a vacancy in the office of trustee, such vacancy shall be filled by the company from which such trustee is deputed. Notice of the time of Notices of all elections under this act shall be given by the secretary at least five days before the time thereof, by publication thereof in at least one of the newspapers of the village. election. how to be §5. The board of trustees may apply the funds of said corporation Funds, which shall arise from chimney fines, certificate of membership, money applied. paid by insurance companies, in pursuance of law, and donations or such parts of said funds, or of the income thereof, as they shall deem proper, for the use and benefit of such fire department. powers. §6. The said fire department shall possess the general powers of a General corporation as defined and limited in title three of the eighteenth chapter of part first of the Revised Statutes. $7. The said board of trustees shall have power to impose reason- Fines. able fines and penalties for the violation by the members of said corporation of the by-laws, rules and regulations of said board, and to sue in the corporate name for the recovery of such penalty. tion from § 8. The members of any fire company now organized or hereafter Exemp organized in the village of Medina may be exempted from taxation to taxation. the amount of five hundred dollars on any village assessment for village purposes in said village of Medina, and from highway poll tax, in addition to the exemptions now enumerated by law; and the real or personal property of any such company, or of the said fire department of the village of Medina, may be exempted from like village taxation, provided that at any general election, or at any special election called Proviso. for that purpose, held in said village, a majority of the legal voters of such village voting thereat shall vote in favor thereof, and at any such election the vote shall be by ballot, and the ballot shall be indorsed: "For exemption of five hundred dollars from taxation of the mem- Form of bers of the fire company," or, " Against exemption of five hundred dollars from taxation of the members of the fire company," and a similar ballot indorsed, " For exemption from highway poll tax of the members of the fire company," or, "Against exemption from highway poll tax of the members of the fire company," and a similar ballot indorsed, "For the exemption of real and personal property of the fire company and fire department of the village of Medina," or, "Against the exemption of real and personal property of the fire company and fire department of the village of Medina." Such election shall be ballot. Election, held in the same manner and by the same officers as at a general elechow to be tion in said village. held. 9. This act shall take effect immediately. Bond or other security may be executed by comptroller. Bonds, ized. CHAP. 8. AN ACT relating to legal proceedings in which the mayor, aldermen and commonalty of the city of New York are parties of record or in interest. PASSED February 11, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In all actions or proceedings, in either the State or United States courts, in which the mayor, aldermen and commonalty of the city of New York, or any department thereof, shall be a party, wherever an undertaking, bond, security or stipulation is required as a condition to the obtaining of any legal remedy or process, the perfecting of an appeal or the stay of execution, or other writ in the nature thereof, such undertaking, bond or stipulation may be executed on behalf of the mayor, aldermen and commonalty of the city of New York by the comptroller of said city, upon the advice of the counsel to the corporation that the same should be executed, and in such form as he may approve; or security may be given in such manner and form as the said counsel to the corporation may advise. § 2. Any such bond, undertaking or stipulation executed since the ete legal first day of January, one thousand eight hundred and eighty, shall have the same force and effect as if executed subsequent to the passage of this act. Not to effect existing §3. This act shall not affect any existing provision of law authorizing municipal corporations to stay the execution of a judgment, or provisions order appealed from without an undertaking or other security. § 4. This act shall take effect immediately. of law. CHAP. 9. AN ACT to declare women eligible to serve as school trustees. The People of the State of New York, represented in Senate and SECTION 1. No person shall be deemed to be ineligible to serve as any school officer, or to vote at any school meeting, by reason of sex, who has the other qualifications now required by law. § 2. This act shall take effect immediately. CHAP. 10. AN ACT appropriating moneys for the State prison at Auburn. The People of the State of New York, represented in Senate and SECTION 1. Ten thousand dollars, or so much thereof as may be Approprianecessary, is hereby appropriated, payable by the treasurer, on the tion for warrant of the comptroller, from any moneys in the treasury not shops, etc. otherwise appropriated, to defray the expenses incurred in material and labor in rebuilding and enlarging shops at the State prison at Auburn, and for furnishing apparatus for heating the shops so enlarged and rebuilt, and for extinguishing fires therein. priation. §2. So much of the unexpended appropriation of one thousand Re-approdollars, made May first, one thousand eight hundred and seventy-six, for materials for ice-house and refrigerator at the State prison at Auburn, as may be necessary for the purpose, is hereby reappropriated and authorized to be used to build a coal-house and track for the same at said prison. §3. This act shall take effect immediately, CHAP. 11. AN ACT making an appropriation to carry out the provisions of chapter one hundred and thirty-four of the laws of eighteen hundred and seventy-eight, and chapter three hundred and six of the laws of eighteen hundred and seventy-nine, entitled, respectively, "An act in relation to infectious and contagious diseases of animals," and to provide for liquidating and discharging all obligations incurred thereunder by the agents of the State. PASSED February 14, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion to of act in gious SECTION 1. The sum of thirty thousand dollars, or so much Appropria thereof as may be necessary, is hereby appropriated out of any money carry out in the treasury not otherwise appropriated, payable on the warrant of provisions the comptroller, on vouchers to be approved by the governor, for relation to the purpose of carrying out the provisions of chapter one hundred contaand thirty-four of the laws of eighteen hundred and seventy-eight, and diseases of chapter three hundred and six of the laws of eighteen hundred and animals. seventy-nine, entitled, respectively, "An act in relation to infectious and contagious diseases of animals," and for liquidating and discharging all obligations incurred thereunder by the agents of the State. §2. This act shall take effect immediately. Sec. 1, of chapter 1878, amended. CHAP. 12. AN ACT to amend chapter three hundred and seventeen of the laws of eighteen hundred and seventy-eight, entitled "An act to amend chapter seventy-five of the laws of eighteen hundred and seventy-eight, entitled 'An act in relation to the bonded indebtedness of villages, cities, towns and counties.""" PASSED February 14, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter three hundred and seventeen of 317, laws of the laws of eighteen hundred and seventy-eight, entitled "An act to amend chapter seventy-five of the laws of eighteen hundred and seventy-eight, entitled 'An act in relation to the bonded indebtedness of villages, cities, towns and counties,"" is hereby amended so as to read as follows: Bonded indebtedness may by issue of new bonds. § 1. The present bonded indebtedness of any village, city, town, district of a town, or county, may be paid up or retired by the issube paid up ance of bonds of the same amount by the respective officers or boards who were authorized to issue such outstanding bonds; provided, however, that such new bonds shall only be issued when the existing bonds can be retired or paid by the substitution of new bonds or by money realized thereon, in the place and stead of existing bonds, bearing a lower rate of interest than the bonds so authorized to be retired or paid. All bonds taken up by new bonds, or paid under the to be can provisions of this act, shall be immediately canceled and destroyed; and a certificate shall be made and filed in the county clerk's office of the bonds destroyed, and, also, of the new bonds issued. This act shall not be so construed as to authorize the issue of new bonds to supersede or pay existing bonds which have been adjudged invalid by the final judgment of a competent court; and the officers and boards referred to in this act shall include the successors in office of those who originally issued the outstanding bonds. Bonds taken up celed. Act, how construed. Sec. 28, of chapter § 2. This act shall take effect immediately. CHAP. 13. AN ACT to amend chapter three hundred and twelve of the laws of eighteen hundred and sixty-one, entitled "An act to revise, amend and consolidate the several acts relating to the village of Sag Harbor," and the several acts amendatory thereof. PASSED February 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section twenty-eight of chapter three hundred and twelve 312, laws of of the laws of eighteen hundred and sixty-one, entitled "An act to revise, amended. amend and consolidate the several acts relating to the village of Sag 1861, Harbor," as amended by chapter seven hundred and three of the laws of eighteen hundred and seventy, is hereby further amended so as to read as follows: to make tioned. how new moneys § 28. The trustees shall, within seventy days after the annual cor- Trustees poration meeting, and after the correction of the assessment roll for out highthe levying of the annual tax for village purposes, whenever an annual way tax. tax is to be so levied, make out a highway tax according to the statute providing for the raising of highway taxes by commissioners of highways, except as otherwise herein provided, and not inconsistent with the provisions of this act. They shall, in proportioning highway Tax, how assessments upon the estate, real and personal, of the inhabitants of appo the village and upon the lands of non-resident owners therein, assess the same as shall appear by the assessment roll of the same year after the same shall have been corrected; provided that whenever an assess- Proviso. ment for other taxes is not for any reason to be made, then the assessment roll of the next previous year is to be used; and, if practicable, the said highway assessment shall be made out in connection with the annual assessment roll, and the same shall be included in the warrant of the collector of the corporation and collected by him, and who is hereby authorized to enforce payment thereof as for other taxes, and Payment the moneys when collected to be paid over by him to the treasurer of of tax, the village in like manner as other taxes, taking separate receipts enforced. therefor. The trustees may add the names of persons left out and of May add new inhabitants from time to time, and they shall be assessed in pro- names. portion to their real and personal estate as others are assessed. Said Highway highway moneys shall be subject to the draft of the trustees, to be by subject to them expended by contract or otherwise, in improving the highways, draft. streets, bridges and public landing places, within the village, and for the necessary expenses incurred in protecting the same from obstructions or encroachments, but for no other purpose whatsoever. Upon ascertaining the whole number liable to be assessed, the trustees Number of may assess, not exceeding twice the number of days as there may be days to be persons liable to said tax, and a day shall be assessed at sixty cents; and at and whenever the amount assessed on the inhabitants shall in consequence of obstruction by snow or from any other cause, be deemed by them insufficient to keep the roads in repair, and to open the roads, streets and walks when obstructed by snow, or from any other cause of sufficient width for use, they may make another assessment on the actual residents of said village in the same proportion as near as may be, and not exceeding one-third the number of days assessed in the same year by them, and the tax so assessed shall be collected, and the moneys expended for the special purposes for which it shall have been assessed, and for no other. The trustees shall also have the power Power of and perform all the duties required by law of boards of supervisors as to assessto assessing the lands of residents, non-residents, and of persons un- ing nonknown for arrearages for highway taxes due thereon, which shall be lands. returned to them by the collector of the corporation as provided in this act, and to apply the said taxes when collected as by law required. assessed, what rate. trustees as resident § 2. Section twenty-nine of said act as amended by chapter one Sec. 29 hundred and fifty-one of the laws of eighteen hundred and sixty-seven amended. is hereby further amended so as to read as follows: missioner. 29. The street commissioner shall have the same powers, perform Powers of all the duties and be liable to the same penalties, as overseers of high-street comways, except as otherwise provided by, and not inconsistent with, the provisions of this act. It shall be his duty: |