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Authority

upon coun

CHAP. 3.

AN ACT to authorize the common council of the city of Jamestown to extend the time for the collection of the city taxes of said city for the year one thousand eight hundred and eighty-eight. APPROVED by the Governor January 25, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Jamestown is hereby conferred authorized and empowered to extend, by resolution, the time for colcil, to ex- lecting and receiving the city taxes of said city for the year eighteen tend time. hundred and eighty-eight, now assessed and in the hands of the treasurer thereof, and for the making return thereof by said treasurer, eighty days in addition to the time said common council is authorized to extend the collection and return of the same by section fourteen of title five of chapter eighty-four of the laws of eighteen hundred and eighty-six.

Duty of mayor and city clerk

2. Upon the adoption of such a resolution by said common council, and after the same shall have taken effect, the mayor and clerk of thereupon. said city shall be authorized and empowered to sign the indorsement of such extension upon the warrant attached to the assessment-roll of such taxes, and the time for collecting, receiving and making return of such taxes by the treasurer of said city shall thereupon be extended eighty days.

City

charter amended.

Collection

taxes by

and sale of chattels.

§3. This act shall take effect immediately.

CHAP. 4.

AN ACT to amend chapter eighty-four of the laws of eighteen
hundred and eighty-six, entitled "An act to incorporate the city
of Jamestown."

APPROVED by the Governor January 25, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section sixteen of title five of chapter eighty-four of the laws of eighteen hundred and eighty-six, entitled "An act to incorporate the city of Jamestown," is hereby amended so as to read as follows:

§ 16. If any such tax shall remain unpaid at the expiration of the of unpaid time mentioned in the last section, it shall be the duty of the treas distress urer forthwith to issue his warrant, under his hand, directed to any constable of said city, commanding him to levy and collect such tax and fees by distress and sale of the goods and chattels belonging to or in the possession of the person whose tax remains unpaid, wherever the same may be found in said city or in the county of Chautauqua, and to pay such tax and fees and return such warrant to said treasurer within twenty days after the date thereof; and no claim of property which may be made to such goods or chattels shall avail to prevent a sale thereof, except in such cases as are provided for by the general statutes of this State. Said constable shall give notice of time

Notice of sale.

ings thereupon.

and place of sale and of the property to be sold at least five days previous to the sale, by advertisement to be posted in three or more public places in the city. The sale shall be made at public auction. Said constable shall, immediately upon the collection thereof, pay to Proceedthe treasurer such tax and fees; and if the property be sold for more than the amount of tax, fces and costs of such distress and sale, which costs shall be the same as those allowed by law to constables on exeentions, the surplus shall be returned to the person entitled thereto. The treasurer may, from time to time, extend any such warrant for such time as he may deem necessary, not exceeding twenty days for any single extension, nor exceeding sixty days in the aggregate, by writing thereon the word "Extended," and the length of such extension, and by signing his name officially thereto. No such extension or extensions shall extend beyond the time fixed by the common council or by law for the return of the assessment-roll and warrant. The treasurer may, instead of making extensions of warrants as here- Power of inbefore provided, issue new warrants from time to time as they shall to extend expire, returnable not more than twenty days after their respective dates, and not beyond the time fixed by the common council or by rants. law for the return of the assessment-roll and warrant.

treasurer

or issue new war

§ 2. This act shall apply to all warrants issued or to be issued by Act, how applicable. said treasurer for the collection of taxes of the city of Jamestown for the year eighteen hundred and eighty-eight.

§ 3. This act shall take effect immediately.

CHAP. 5.

AN ACT to establish the Mount McGregor Memorial Association.
APPROVED by the Governor January 31, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

rights.

SECTION 1. William J. Arkell, William Warner, Commander-in- CorporaChief of the Grand Army of the Republic, N. Martin Curtis, De- tors. partment Commander of the Grand Army of the Republic for the Department of New York, Josiah Porter, Adjutant-General, State of New York, and John Kellogg, President of the Saratoga, Mount McGregor and Lake George Railroad Company, are hereby created a body politic and corporate, to be known as the Mount McGregor Me- Corporate morial Association, which association shall be located in the town of name and Moreau, in the county of Saratoga, in this State. The corporation hereby created shall have all the rights and privileges necessary to the accomplishment of the object of its creation as declared in this act. § 2. The successors of said William Warner, N. Martin Curtis, Succession Josiah Porter and John Kellogg in their said respective offices shall of certain be their successors respectively as corporators of said association, so tors. long as there shall be successors in said offices. Vacancies in said Vacancies. board of corporators occurring from any cause, other than as herein how filled. provided, shall be filled by the remainder of the board when a vacancy occurs. In case of a failure to fill vacancies as herein before provided, the Governor of the State shall fill the same.

corpora

3. This corporation is created for the purpose of receiving the Objects of title of the Drexel cottage on Mount McGregor, in said Moreau, in corpora

tion.

which the late Ulysses S. Grant passed the last months of his life and died, and the lot of land on which said cottage stands, and the contents of said cottage, and of holding and maintaining the same forever. And the receiving, holding and maintaining of said premises is declared to be a trust in behalf of the surviving comrades in arms of Jurisdic General Grant and of the whole American people. And upon application, in appropriate form, by any corporator or by the Attorney-General of this State in behalf of the people, the courts of this State shall have jurisdiction in the premises the same as in the case of other trusts of public character.

tion of

courts as to same.

Powers of corpora

§ 4. This corporation is prohibited from alienating said real estate tion, as to and from disposing of or removing any of the contents of said cottage, property. specified in section three of this act, except as herein provided. It may receive donations of money or other property by gift, deed or bequest, solely for the purpose of being used in principal or income, as designated by the donors, for the care and maintenance of said premises in their present condition, without change in any respect, further than is necessary to thus preserve the same, but shall not receive donations beyond what is reasonably necessary to produce an income Its officers. adequate for such use. And said corporation may sue and be sued, and have corporate seal, and may have a president, secretary and treasurer, who shall be corporators, and whose duties shall be such as usually pertain to these officers respectively, in similar corporations.

Care and management of

5. The corporators shall have the care and management of said premises and the property of the corporation, and may appoint such property officers and servants as may be required in such care and management, and shall allow the public to visit the same under reasonable regulations in that behalf, to be prescribed by the corporators. They shall allow no person in their employment in the care of said premises and property, or other person upon the premises, to do any thing with the same for private gain. The corporators may make by-laws appropriate Quorum. under this act. A majority of the corporators living may decide in the performance of corporate duties herein imposed or provided.

By-laws.

Corpora

tors to receive no

pay.

Property exempt from

etc.

§ 6. The corporators shall receive no compensation for their services, but may receive their actual expenses in the performance of their trust. But this and all expenses shall be payable only out of donations to said corporation.

§7. Said premises and the contents thereof as now existing so long as the same shall be owned and held by said corporation shall be extaxation, empt from taxation for any purpose, and from attachment or levy of execution upon any debts, claims or judgments against said corporation or any other person, and shall not be made chargeable or become subject to any lien on any account whatever.

Land,

when to

revert to donor.

§8. In the event that said cottage should be destroyed by fire, then the land expected to be conveyed to this corporation with the cottage and its contents as a gift by the representatives of the estate of Joseph W. Drexel, late of New York city, deceased, in order to carry out his intention had he lived, shall revert to said estate; and the other property of said corporation shall be devoted to such appropriate public and charitable uses as the corporators shall appoint.

§ 9. This act shall take effect immediately.

CHAP. 6.

AN ACT to authorize the use of certain streets and avenues in the
city of New York, and for the erection of certain structures
thereon, in furtherance of the centennial celebration of the inau-
guration of George Washington as President of the United States,
in the city of New York.

APPROVED by the Governor February 2, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

use of cer

streets,

etc.

SECTION 1. It shall be lawful for the committee on the centennial Right to celebration of the inauguration of George Washington as President of tain the United States, in the city of New York, of which committee the Honorable Hamilton Fish is chairman, with the written permission of the mayor of said city, and upon such terms and conditions as he may prescribe, to use, between the sixteenth day of April and the seventh day of May, eighteen hundred and eighty-nine, such streets and avenues in said city as may be specified in such permit, for the erection and maintenance therein of such structures as may be approved of by said mayor, to be used and employed solely for the purposes of such celebration; and the said committee, upon receiving such permit, shall be entitled to erect and maintain such structures on such portions of such streets and avenues, for the period of time above specified, and shall be entitled to the exclusive possession and use of the same for the purposes aforesaid. Such permit shall be subject at any time to Power of revocation by said mayor.

mayor.

§ 2. The use of said streets and avenues for the above mentioned Proviso. purposes, is hereby declared to be a public use, consistent with the public purposes for which said streets and avenues are held by the mayor, aldermen and commonalty of the city of New York. 3. This act shall take effect immediately.

CHAP. 7.

AN ACT to amend chapter two hundred and eighty of the laws of one thousand eight hundred and sixty-seven, entitled "An act to amend the act entitled 'An act for a free bridge over the Mohawk river,'" passed April sixth, one thousand eight hundred and fifty

nine.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 11, 1889. Passed, three-fifths being present.

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

SECTION 1. Section three of chapter two hundred and eighty of the laws of one thousand eight hundred and sixty-seven, passed April eighth, one thousand eight hundred and sixty-seven, is hereby amended so as to read as follows:

§ 3. Hereafter the said free bridge and the approaches thereto shall Control be under the control and direction of the commissioners of highways tenance

and main

of free bridge.

Letting or permitting use of

of the towns of Canajoharie and Palatine, in the county of Montgomery, and the costs and expenses of maintaining said bridge and approaches and keeping the same in repair shall be borne equally by said towns of Canajoharie and Palatine.

§ 2. This act shall take effect immediately.

CHAP. 8.

AN ACT to amend section three hundred and eighty-eight of the
Penal Code in relation to the smoking of opium.

APPROVED by the Governor February 11, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section three hundred and eighty-eight of the Penal
Code is hereby amended so as to read as follows:

388. A person who,

1. Lets, or permits to be used, a building, or portion of a building, buildings knowing that it is intended to be used for committing or maintaining nuisances, a public nuisance, or

for public

opium 2. Opens or maintains a place where opium, or any of its preparaetc., a mis- tions, is smoked by other persons, or

smoking,

demeanor.

Repeal.

3. At such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used, or

4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations;

Is guilty of a misdemeanor.

§ 2. Chapter one hundred and sixty-five of the laws of one thousand eight hundred and eighty-two, entitled "An act in relation to the sale and use of opium," is hereby repealed.

§ 3. This act shall take effect immediately.

CHAP. 9.

AN ACT to amend chapter two hundred and fifty-one of the laws of eighteen hundred and seventy-nine, entitled 'An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said county.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 12, 1889. Passed, three-fifths being present.

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

SECTION 1. Section three of chapter two hundred and fifty-one of laws of eighteen hundred and seventy-nine, entitled "An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said county," is hereby amended so as to read as follows:

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