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hereof, as are provided in and by the preceding sections of this title, n relation to assessments for improvements in said city.

§ 13. Sections forty-two and forty-three of title seven of chapter one Repeal. hundred and eighty-four of the laws of eighteen hundred and eightyone, added to said title by chapter five hundred and fifty-seven of the laws of eighteen hundred and eighty-six, are hereby repealed.

§ 14. Section thirty-four of title seven of chapter one hundred and eighty-four of the laws of eighteen hundred and eighty-one is hereby amended so as to read as follows:

may es

lamp dis

ings

ries to be

dation of

§ 34. The common council shall have power to establish separate Council lamp districts within the city, and to cause street lamps to be erected, tablish lighted and maintained therein. Whenever a petition for establishing separate a lamp district, signed by one-third of the persons owning real estate tricts. situated on the line of the street or streets, or part of the street on Proceedwhich lamps are proposed to be erected, is presented to the common therefor. council, it shall cause to be published in one or more of the official city newspapers, once in each week for two succes-ive weeks, a notice that such petition has been received, and of the time when it will act thereon. The common council shall fix the boundaries of the proposed Bounda district, and such notice shall contain a description thereof, and state axed. the number of lamps proposed to be erected. Unless a remonstrance signed by a majority of the persons owning land which will be assessed, shall be presented to the common council on or before the day specified in said notice, it may then, or as soon thereafter as may be, establish such lamp district, and cause lamps to be erected in all of the streets therein. The common council shall have power to consolidate any two Consoli or more lamp districts and to increase the number of lamps in any districts. lamp district, separate or consolidated, by a vote of two-thirds of all its members, and to procure such additional lamps and posts and to cause the same to be erected. The moneys required for the erection, Tax for maintenance and lighting of lamps within any lamp district, separate nance, or consolidated, shall be levied and raised by tax upon the land within how apsuch district, to be apportioned, confirmed and collected upon a separate assessment-roll as to each lamp district, and by a separate warrant, and by separate proceedings from the collection of general taxes; such roll shall be prepared and confirmed, and the tax levied, assessed, apportioned, confirmed and collected in the manner herein before provided for the making of an assessment-roll for city taxes and the collection thereof, except that the said rolls may be prepared and confirmed, and the tax levied at such time as the common council shall direct. Such tax shall be deemed a tax within the provisions of title four of this act. The common council shall have power at any time to Power to abolish all lamp districts, and to raise annually the expense of main- districts. taining and lighting lamps, in the same manner and in addition to the amount authorized in title four to be raised by tax.

§ 15. This act shall take effect immediately.

mainte

portioned.

abolish

Chap. 20.

AN ACT to legalize and confirm the action of the legal voters of the village of Potsdam, at their annual meeting held January fourth, eighteen hundred and eighty-seven.

PASSED February 18, 1887; three-fifths being present.

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

SECTION 1. The act of the legal voters of the village of Potsdam, st their annual meeting, held January fourth, eighteen hundred and eighty-seven, in voting to raise for the year eighteen hundred and eighty-seven, for village purposes, the sum of one thousand dollars to be used in the discretion of the trustees for electric lights in the streets of said village, is hereby declared valid and of full effect; and the acts of the trustees of said village causing the said sum to be raised by a general tax upon the taxable property liable to be assessed for taxes in said village as the same appears upon the assessment-roli made by the village assessors for the year eighteen hundred and eightyseven, are hereby declared valid and of full effect.

§ 2. This act shall take effect immediately.

Salary of superin

water works.

His duties.

Chap. 21.

AN ACT to amend chapter two hundred and thirty-five of the laws of eighteen hundred and fifty, entitled "An act to provide for a supply of water in the city of Albany."

PASSED February 21, 1887; 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-two of chapter two hundred and thirtyfive of the laws of eighteen hundred and fifty, entitled "An act to provide for a supply of water in the city of Albany," is hereby amended so as to read as follows:

§ 22. The said commissioners shall nominate, and the common council appoint an officer who shall be known as the superintendent of the waterworks, who shall be a competent civil engineer, and who shall be paid a salary at the discretion of the water commissioners, not exceeding however the amount of three thousand dollars per annum, payable monthly, and his duties shall be to devote his whole time and services, under the general advice and direction of the commissioners, to the construction, care and management of the water-works and such duties connected therewith, or with other business of the city, as the commissioners or common council shall direct.

§ 2. This act shall take effect immediately.

Chap. 22.

AN ACT to amend section seventeen hundred and forty-two of the Code of Civil Procedure.

PASSED February 21, 1887; three-fifths being present.

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

SECTION 1. Section seventeen hundred and forty-two of the Code of Civil Procedure is hereby amended so as to read as follows:

by a

§ 1742. An action may be maintained by the woman to procure a Actions judgment declaring a marriage contract void, and annulling the mar- woman riage, under the following circumstances:

for annul.

ment of

I. Where the plaintiff had not attained the age of sixteen years, at marriage. the time of the marriage.

II. Where the marriage took place without the consent of her father, mother, guardian or other person having the legal charge of her person. III. Where it was not followed by consummation or cohabitation, and was not ratified by any mutual assent of the parties after the plaintiff attained the age of sixteen years.

§ 2. This act shall take effect immediately.

Chap. 23.

AN ACT to amend section one hundred and ninety-three of the Penal Code.

PASSED February 21, 1887; three-fifths being present.

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

SECTION 1. Subdivision two of section one hundred and ninety-three of the Penal Code is hereby amended so as to read as follows:

2. In the heat of passion, but not by a dangerous weapon or by the Man use of means either cruel or unusual; or

§ 2. This act shall take effect immediately.

Chap. 24.

AN ACT to amend article first of title one of chapter eight of part two of the Revised Statutes.

PASSED February 21, 1887; three-fifths being present.

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

SECTION 1. Article first of title one of chapter eight of part two of the Revised Statutes is hereby amended by inserting after the first section thereof the following section:

slaughter, second degree.

Age of

§ 2. The age of legal consent for contracting marriage shall be eighteen years in the case of males and sixteen years in the case of contract females.

legal con. sent for

ing marriage.

§ 2. This act shall take effect immediately.

Change of

name au

Chap. 25.

AN ACT to provide for the change of the name of White's
Bank of Buffalo, at Buffalo, New York.

PASSED February 21, 1887; three-fifths being present.

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

SECTION 1. White's Bank of Buffalo is hereby authorized and emcorporate powered upon a resolution of a majority of all the directors of said thorized. bank, entered upon the minutes of their proceedings, to change the name of said bank to American Exchange Bank of Buffalo. § 2. This act shall take effect immediately.

Board of

ors, may

incur in

debted. ness for armory

purposes.

When

Chap. 26.

AN ACT to amend chapter six hundred and twenty-seven of the laws of eighteen hundred and eighty-six, entitled "An act to provide for the enlargement of the armory of the Thirty-second regiment National Guard of the State of New York, in the county of Kings."

PASSED February 21, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter six hundred and twenty-seven of the laws of eighteen hundred and eighty-six, entitled "An act to provide for the enlargement of the armory of the Thirty-second regiment, National Guard of the State of New York, in the county of Kings," is hereby amended so as to read as follows:

§ 2. To provide for the purchase of the land and for the erection of supervis- the annex building to the armory as aforesaid, the board of supervisors of the county of Kings are hereby authorized to issue certificates of indebtedness of said county to an amount not exceeding the sum of one hundred and ten thousand dollars, payable, with interest, not exceeding four per centum per annum, as follows: One-seventh of said payable. amount in one year, one-seventh thereof in two years, one-seventh thereof in three years, one-seventh thereof in four years, one-seventh thereof in five years, one-seventh thereof in six years, one-seventh thereof in seven years thereafter, and there shall be inserted in the annual tax levy of said county, for each year, a sufficient sum for the for. purpose of paying the principal and interest of said certificates, as

Annual

tax there

they mature, which said sum shall be applied to the payment thereof,
and of the interest accruing thereon, until all of them shall be paid.
§ 2. This act shall take effect immediately.

Chap. 27..

AN ACT to amend chapter one hundred and seventy-two of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the lighting of public streets and avenues in the town of Fishkill, county of Dutchess." PASSED February 23, 1887; three-fifths being present; without the approval of the Governor.*

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

SECTION 1. Section one of chapter one hundred and seventy-two of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the lighting of public streets and avenues in the town of Fishkill, county of Dutchess," is hereby amended so as to read as follows:

§ 1. For the purpose of this act, that portion of the town of Fishkill, General contained within the corporate limits of the village of Matteawan, is repe hereby created and declared to be a general lamp district.

§ 2. Section two of said act is hereby amended so as to read as follows:

trict created.

§ 2. The president and trustees of the village of Matteawan, shall Contracts have power to provide by contract for erecting, maintaining and light- for street ing of street lamps within said district.

$3. Section three of said act is hereby amended so as to read as

follows:

author

§ 3. In addition to the amount raised by the trustees of said village Lamp tax for "ordinary expenditures," the said trustees shall have power to raise ized. by tax such sum as they may deem necessary, not exceeding in any one year, the amount of one-quarter of one per centum on the assessed valuation of such villiage,† to be denominated a lamp tax, to provide for the expense of erecting, maintaining and lighting such street lamps, on all persons and incorporated companies owning property and estate, real and personal, in said village, to be assessed and collected as other How astaxes for village purposes are, pursuant to the provisions of chapter two and colhundred and ninety-one of the laws of eighteen hundred and seventy, lected. and the amendments thereto. The money so raised shall be devoted to the purposes expressed in this act, and kept apart as a separate and distinct fund by the treasurer.

sessed

§ 4. All acts and parts of acts inconsistent with the provisions of this Proviso. act are hereby repealed.

§ 5. This act shall take effect immediately.

Not returned by the Governor within ten days after it was presented to him, and became

a law without his signature. [Art. IV, Sec. 9, Constitution of the State of New York.]

↑ So in the original.

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