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officers as the said board of commissioners shall designate and appoint; and the said board of commissioners is hereby authorized and empowered to designate and appoint what departments, officers and commissioners in addition to the aforesaid register, county clerk and surrogate, shall have and occupy offices in said building when completed, and to designate the offices or portions of such building to be Commisoccupied and used by each of said departments, officers and commis- designate sioners. The site so selected and located shall be and hereby is set offices apart and appropriated for the purposes of the building by this act provided for.

sioners to

therein.

of build

site se

from sale,

§ 3. If there shall be any buildings upon the site so selected and Removal located, the said board of commissioners may direct the commissioner ings upon of public works of said city to remove the same, either by contract or lected. by the sale thereof, or in any other way which, in the opinion of the said board of commissioners, shall be for the best interests of the city. Upon the completion of the building herein provided for, the said board of commissioners may also direct the said commissioner of public works to remove in like manner any building in said City Hall park rendered unnecessary for public use by reason of the erection of the said building herein provided for. The proceeds derived from the Proceeds sale of such buildings, or of the material contained therein, shall be how apappropriated to the erection of the building by this act provided for. plied. The board of estimate and apportionment of the city of New York shall make such provision as may be necessary for the accommodation, Temporary during the erection of said building, of such public officers and courts dations, as may occupy any of the buildings to be removed as herein before during provided and to furnish proper furniture therefor, and for that pur- building. pose may require the comptroller to issue revenue bonds of the mayor, aldermen and commonalty of the city of New York, to an amount sufficient to raise the money necessary to be expended. The amount Expense of said bonds, if issued, to be included in the provisional and final esti- how met. mate of the amounts to be raised by taxation in the next year succeeding that in which said bonds shall be so issued. Nothing in this act Proviso.

contained shall be so construed as to authorize the removal of the buildings now standing in said City Hall park, and known as the city hall and the new county court-house.

accommo

erection of

thereof,

sioners to

for build

Approval

§ 4. The said board of commissioners shall advertise for the sub- Commismission to them of plans and specifications for said building. Such advertise advertisements shall be inserted once in each week for three consecu- ing plans. tive weeks in the City Record and in not less than two other newspapers printed in the city of New York, and the said board of commissioners may in its discretion offer reasonable prices* for such plans and specifications not exceeding five in number as shall, in the judgment of the said board of commissioners, be the best plans and specifications so submitted to them. When the said board of commissioners Pr shall have selected and approved a plan or plans and the specifications for said building, and shall decide to proceed with the work or any part thereof, they may direct that said work shall be executed. The said board of commissioners shall publicly advertise for proposals for To adverthe erection in whole or in part of said building and for the doing of all proposals work and the supply of all materials necessary for the completion and for erect furnishing of the same for use and occupation. The forms of all con- ings, etc. tracts for which proposals are so invited shall be first approved by said board of commissioners before advertisement thereof, and the work of erecting, completing and furnishing for occupancy said buildings may

*So in the original.

tise for

ing build

contract.

Right to

be distributed into as many different contracts as in the opinion of said board of commissioners will best promote the public interest. Such advertisements shall be inserted in the City Record and in at least three of the public newspapers of the city of New York, to be selected by the said board of commissioners, and shall be continued Award of therein for at least ten consecutive days. All bids or proposals received in response to said advertisements shall be publicly opened at a meeting of the said board of commissioners and they shall award each contract for which bids and proposals have been so advertised for, as aforesaid, to the lowest bidder thereof, or they may reject all of such bids, and readvertise for bids and proposals, and may reject all bids and readvertise as often as they may deem it to be for the best interests of the city so to do. The terms of all such contracts shall be settled by the counsel to the corporation as an act of preliminary specification to the bid or proposal. Said contract or contracts when awarded, Execution shall be executed by the aforesaid board of commissioners in behalf of tracts. the mayor, aldermen and commonalty of the city of New York. The said board of commissioners are hereby authorized and empowered by the concurrent action of all the members thereof and with the consent Proviso as in writing of the contractor and his sureties, to alter the plan of said

reject bids and readvertise.

Duty of

counsel to corporation.

of con

to altera

tions.

Contract

ors to give security for performance

of work.

How ap

proved.

for default

bidder.

building and the terms and, specifications of any contract entered into by authority of this act, provided that such alteration shall in no case involve or require an increased expense greater than five per centum of the whole expenditure provided for in said contract.

§ 5. Each bidder to whom a contract is awarded as herein before provided must give securities for the faithful performance of his contract in such sum as shall be prescribed by said board of commissioners and in the manner prescribed by the ordinances of the common council of said city applicable to similar work and the adequacy and sufficiency of this security shall, in addition to this justification and acknowledgment, be approved by the comptroller. If the lowest Forfeiture bidder for any contract shall neglect or refuse to accept the contract by lowest within five days after notice that the contract has been awarded to his bid or proposal or if he accepts but does not execute the contract and give the proper securities the said contractor shall forfeit the money deposited by him at the time of making his bid as hereinafter provided, and the said contract shall be readvertised and relet as hereinbefore provided. No bid shall be accepted from or contract awarded to any person who is in arrears to the corporation upon debt or contract and who is a defaulter as surety or otherwise upon any obligation Bidders to to the corporation. Each bidder as a condition precedent to the posit upon reception of his proposal shall deposit with the comptroller a certified submitting check drawn to the order of said comptroller upon one of the State

make de

proposals.

Return of

deposit to

unsuccess

or national banks of said city, or money (such check or money to accompany the proposal) to such an amount not exceeding five per centum of the amount of the required security for the faithful performance of the contract bidden for, as the aforesaid board of commissioners shall determine and prescribe. Within three days after the decision as to who is the lowest bidder, the comptroller shall return ful bidders. all deposits made to the person making the same, except the deposit made by the lowest bidder, and if the said lowest bidder shall refuse or neglect within five days after notice that the contract has been awarded to execute the same and give the proper security, the amount of deposit made by him shall be forfeited to and retained by the said city as liquidated damages for such neglect or refusal, and thereafter be appropriated to and expended in the erection of the building herein

provided for, and if the said lowest bidder shall execute the contract Also to and give the proper security within the time aforesaid the amount of entering his deposit shall be returned to him.

bidder

into con

tract.

ried out

vised.

ings in

ment or

tract.

commis

§ 6. Said contracts, when executed, shall be carried out according Contracts, to their plans under the direction and supervision, and subject to the how carinspection of the said board of commissioners, who shall employ a com- and superpetent architect at such compensation as said board may determine to direct said work. In case any work shall be abandoned by any con- Proceedtractor, or if the said work or any part thereof shall, in the opinion case of of the said board of commissioners, be by the said contractor unneces- abandonsarily delayed, or if the said contractor shall, in the opinion of the violation said board of commissioners willfully violate any of the provisions of his of concontract or execute the same in bad faith so that the said work is not being done or progressing according to the terms of said contract, notice shall be given by said board of commissioners to the sureties of said contractor, and if said sureties shall fail to continue the perform- Duty of ance of the work according to the terms of said contract, the said sioners. board of commissioners shall notify said contractor to discontinue all work under his contract or any part thereof and the said contractor shall thereupon discontinue such work or such part thereof, the said board of commissioners shall thereupon have power to place such and Work, so many persons as said board may deem advisable by contract or pleted. otherwise to work at and complete the said work or any part thereof, or so much of said work or such part thereof as the said board of commissioners shall direct, and the said contractor and his sureties so Liability failing to perform said contract shall be jointly and severally liable to tractor the mayor, aldermen and commonalty of the city of New York for failing to any and all loss or damage caused by their failure to complete the con- etc. tract entered into by them as contractor and surety.

how com

of con

perform,

city bonds

ized. When pay

able.

How exe

cuted.

§ 7. For all expenses to be incurred under the authority of this act, Issue of the said board of commissioners are hereby authorized to require the authorcomptroller to issue bonds or stock of the mayor, aldermen and commonalty of the city of New York, from time to time, to be payable from taxation and redeemable in not less than ten, nor more than forty years, as said comptroller may determine, in such amounts as may be necessary to carry out the purposes of this act, and the mayor and comptroller are hereby authorized and directed to sign said bonds, and it shall be the duty of the clerk of the common council of said city to countersign the same, and affix thereto the seal of said city. Said bonds shall bear interest at a rate to be fixed by the comptroller, Rate of not exceeding three per centum per annum, and shall not be disposed of at less than the par value thereof; and of the proceeds of said how apbonds there shall be paid from time to time, upon the requisition of plied. the said board of commissioners, the amount by them from time to time certified to be due for any of the purposes in this act provided.

interest.

Proceeds,

§ 8. Chapter three hundred and twenty-three of the laws of one thousand eight hundred and eighty-eight, and all acts and parts of Repeal. acts inconsistent with the provisions of this act are hereby repealed. § 9. This act shall take effect immediately.

11

Execution

against de

CHAP. 82.

AN ACT to amend section one thousand three hundred and eightyone of the Code of Civil Procedure relating to executions.

APPROVED by the Governor March 27, 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 one thousand three hundred and eighty-one of cedent's the Code of Civil Procedure is hereby amended so as to read as folproperty. lows:

Notice of application to court,

for order to issue

Notice,

§ 1381. Leave to issue an execution as prescribed in the last section, must be procured as follows:

1. Notice of the application to the court from which the execution execution. is to be issued, for an order granting leave to issue the execution, must be given to the person or persons whose interest in the property will be affected by a sale by virtue of the execution, and also to the executor or administrator of the judgment debtor. The general rules of how given practice may prescribe the manner in which the notice must be given; until provision is so made therein, it must be served either personally or in such manner as the court prescribes in an order to show cause. Leave shall not be granted, except upon proof by affidavit, to the satisfaction of the court, that the judgment remains wholly or partly unsatisfied.

and served.

Court,

when to

grant application.

Petition for decree

from surrogate's court.

2. For the purpose of procuring a decree from the surrogate's court granting leave to issue the execution, the judgment creditor must present to that court a written petition, duly verified, setting forth the facts, and praying for such a decree; and that the persons specified in the first subdivision of this section, may be cited to show cause why it should not be granted. Upon the presentation of such a petition the surrogate must issue a citation accordingly, which said citation may be served in the same manner as is provided in the first subdivision of this section for the service or giving of a notice to the parties or persons therein mentioned, and, if the general rules of practice of the Supreme Court do not provide for a mode of giving such notice, such citation must be served in such manner as the surrogate Surrogate by order may prescribe, or as is otherwise provided by law; and, upon the return thereof, he must make such a decree in the premises as, justice requires.

Citation, how served.

to make

decree.

§ 2. This act shall take effect immediately.

>

CHAP. 83.

AN ACT to amend chapter six hundred and eight of the laws of
one thousand eight hundred and eighty-six, entitled "An act to
provide and establish a permanent system of sewerage and drain-
age in the village of Mount Vernon, and in relation to the con-
struction of said system."

BECAME a law without the approval of the Governor, in accordance with the
provisions of article four, section nine of the Constitution, March 28, 1889.
Passed, three-fifths being present.

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

SECTION 1. Section seven of chapter six hundred and eight of the
laws of one thousand eight hundred and eighty-six, entitled "An act
to provide and establish a permanent system of sewerage and drainage
in the village of Mount Vernon, and in relation to the construction of
said system," is hereby amended so as to read as follows:

expenses

charge.

may bor

and issue

therefor.

§ 7. The cost and expenses of every nature incurred by said board Cost and in the construction of the said main trunk or outlet sewers for said of sewervillage, and in the construction of the said district trunk or outlet etc.. to be age system, sewers, and said pumping station with its appurtenances, including a village all costs and expenses incurred in the making of the surveys, determinations and map, and in establishing the systems, provided for in sections one and two of this act, and in obtaining the approval of the State Board of Health, provided for by section three of this act, and in securing the necessary lands and right of way for such main trunk or outlet sewer, and said district trunk or outlet sewers, and pumping station, with its appurtenances, and in constructing the same, and the compensation of said special counsel, and clerk of the said committee. on sewers, shall be a charge upon said village; and for the purpose of Trustees defraying the same, the said board of trustees shall borrow, and they row money are hereby authorized to borrow from time to time, as needed upon village the credit of said village, such sums as may be necessary, upon such bonds terms of credit, not exceeding thirty years, and at such rate of interest, not exceeding five per centum per annum, as the said board shall, by a two-thirds vote of all the members thereof determine; and to secure the payment of such loans the said board are hereby authorized, by a like vote, to make, execute and deliver bonds of said village, which How exeshall be signed by the president and clerk thereof, and shall be of when such amounts, and be made payable at such times as said board of payable. trustees, by a like vote shall determine; but the same shall not be sold Sale for less than the par value thereof, with accrued interest, if any, and upon shall be sold to the highest bidder, at a public sale, notice of which sale shall be published in all the newspapers in said village, and in a daily newspaper published in the city of New York, to be designated by said board of trustees, for three successive weeks next preceding the day of the sale. Said notice shall state that on the day of sale, at a certain specified hour, the said board of trustees at its rooms in said village, will receive sealed proposals for the purchase of said bonds, or of so many thereof as may at such sale be offered. All such proposals so received shall be then and there opened by said board, and the highest of said proposals shall be accepted by said board, unless the board deem it for the interest of the said village to reject the

cuted and

thereof

notice.

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