Police and light fund. Notice inviting lative when and lished. hundred and fifty dollars in any year, for the proper care and improvement of the "Old Town Cemetery" grounds in said city; and the said common council shall at the time of directing such sum to be raised, cause to be entered upon the minutes of said common council a statement of the amounts which they may deem necessary for the following purposes: salaries of officers; roads and bridges; fire department; printing; election expenses; board of health; Old Town Cemetery; general purposes. The common council shall also direct and cause such additional amounts to be raised annually, by general tax, as shall be sufficient to pay the expenses of the police constables as in this act provided, and of lighting the streets of said city, to be called "Police and Light Fund," and the amount of such police and light tax shall be paid to the city treasurer, and shall be kept separate from other city funds, and shall be applied to the payment of such police constables and of lighting the streets aforesaid. Chap. 181. AN ACT to amend chapter five hundred and eighty-eight PASSED April 19, 1887; three-fifths being present; without the approval of the The People of the State of New York, represented in Senate and SECTION 1. Section one of chapter five hundred and eighty-eight of the laws of eighteen hundred and eighty-six, entitled "An act to provide for and define the public or legislative printing," is hereby amended so as to read as follows: § 1. The Secretary of State, Attorney-General and Comptroller shall proposals on or before the first day of May, eighteen hundred and eighty-seven, for legis and on or before the first day of May in each alternate year thereafter, printing,, give notice in two public newspapers of different politics, published in how pub each of the cities of Albany, Troy, New York, Syracuse, Rochester and Buffalo, that they will, thirty days after the publication of said notice, and on a day named therein, receive sealed proposals for the whole of the printing and other work provided to be done under this act, for two years commencing on the first day of October next thereafter, to be performed in the manner to be prescribed in such notice, at the expiration of which time they shall open said proposals and enter into a contract with such person or firm as shall make the lowest offer or offers with low computed upon the basis of the number of ems of composition and pages printed during the preceding year, and the number of copies called for by this act. Said person or firm shall give security to the people of the State of New York, to the satisfaction of the Secretary of State, Attorney-General and Comptroller, for the faithful performance of his or their contracts, which shall be made and continued in force for two years, commencing on the first day of October next after Execu tion of contract, est bidder, for two years. Bidder to give security to State. 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.] tise. the opening of said bids. Said State officers shall have the right to Right to reject any proposal or proposals where there shall appear to be collusion reject pro.. between the bidders to the disadvantage of the State, and to readver- readver tise for proposals for the same, until advantageous and satisfactory proposals shall be received and shall so readvertise whenever any contract shall be annulled or abrogated as hereinafter provided. It shall be the duty of the Secretary of State, Attorney-General and Comptroller to Blanks for furnish all persons desiring to propose or bid for the public or legisla- proposals, tive printing, blanks for proposals or bids for such printing in the form following: 188 . To the Honorable Secretary of State, Attorney-General and Comptroller: (Name of person or persons, or firm, as the case may be, and place of residence.) The undersigned propose to do public or legislative printing and work connected therewith, for the State of New York, at the prices and on the conditions herein named, and agree to comply fully with the requirements of law relative to the public or legislative printing, and in quantity, quality and manner set forth, described and provided in the advertisement or notice calling for proposals for said printing, namely: For each one thousand ems of composition for Senate and Assembly bills, $ and for paper, presswork, pressing, folding, stitching and trimming of each four pages, for six hundred and forty copies, $ ; and for each additional one hundred copies thereof, for paper, press-work, pressing, folding, stitching and trimming for each signature of four pages, when ordered by statute, $ Journals, Legislative Record, messages from the Governor, reports of standing or select committees, and the testimony taken before such committees when ordered to be printed, and reports and communications made in pursuance of law, or of a resolution of either house when ordered by the house to which such message, report or communication shall have been made, or by joint resolution, at the prices following: ; for each one For each one thousand ems of plain matter, $ thousand ems of rule, or rule and figure composition, $ ; for the paper, press-work, pressing, folding, stitching and trimming of each signature of eight pages, for seven hundred and nineteen copies of the journals or documents of each house, $ ; and for the paper, presswork, pressing, folding, stitching and trimming of each additional one hundred copies of journals or documents of either house, for each signature of eight pages, when ordered by statute, $ When extra copies of messages from the Governor, reports of standing or select committees and reports and communications'made in pursuance of law, or of a resolution of either house, or of a concurrent resolution, are ordered by statute to be printed and bound, the price for binding to be as follows: For binding in paper covers extra copies of reports ordered as above set forth, per copy, $ ; for binding in cloth extra copies of reports ordered as above set forth, per copy, $ ; for engraving on stone, steel or wood, and printing maps, plans and illustrations for the legislative documents, the price to be paid, including cutting, folding and pasting the same, shall in no case exceed the lowest rates current for work of the desired quality in Albany and New York city at the time said work may be done. It is understood that no extra pay will be claimed or allowed for any corrections or alterations in proof-sheets. And the right to abrogate or annul any contract made in pursuance hereof, for failure or non-performance on the part of said person or firm, form of. of bid, is hereby expressly reserved to the Secretary of State, Attorney-GenGuaranty eral and Comptroller: hereby guarantee that if the foregoing etc. bid for the public or legislative printing is accepted, that will enter into a contract in compliance with said proposals, and give the necessary security, certify that the above guarantor resides in the of freeholder, and able to make good guaranty. § 2. Section fourteen of said chapter five hundred and eighty-eight of the laws of eighteen hundred and eighty-six, is hereby amended so as to read as follows: Legisla tive Rec kept by stenogra phers. § 14. There shall be a record kept and prepared for publication by ord, how the stenographers of the Senate and Assembly, of all proceedings had therein, excluding debates, and in the committees of the whole thereof, excluding debates, and votes taken therein, which shall be known as the Legislative Record of the State of New York, and there shall be printed by the said contractor during each session of the Legislature seven hundred and nineteen copies thereof daily, as the same shall be of copies delivered to him by the stenographers of the Senate and Assembly; be printed and the said contractor shall deliver the same folded, stitched and Number thereof to daily. Copies, how and when delivered. In actions against officers, tors may tuted as defend. ants. trimmed, in such proportions and to like parties as are specified in section three of this act in the matter of the journals of each house. Those copies of such records as are thus to be delivered to the Senate and Assembly shall be so delivered before the time for the assembling of the Senate and Assembly on the day succeeding the day in which such proceedings were had, and copies thereof shall be placed on the files of the Members of the Senate and Assembly before such assembling. § 3. This act shall take effect immediately. Chap. 182. AN ACT to amend sections fourteen hundred and twentyone, fourteen hundred and twenty-two and fourteen hundred and twenty-seven of the Code of Civil Procedure. PASSED April 19, 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 following sections of the Code of Civil Procedure are hereby amended, as follows: Section one thousand four hundred and twenty-one is amended so that it may read as follows: § 1421. Where an action to recover a chattel or chattels hereafter levied upon by virtue of an execution, or several executions, or a warindemni rant of attachment or several warrants of attachment, or to recover be subsii- damages by reason of a levy or levies upon, detention, sale or sales of personal property hereafter made, by virtue of an execution or several executions, or a warrant of attachment or several warrants of attachment, is brought against an officer or against a person who acted by his command or in his aid, if a bond or bonds or written undertaking or undertakings indemnifying the officer against the levy or levies, or other act or acts, was given in behalf of the judgment creditor or the several judgment creditors, or the plaintiff in the warrant or the plaintiffs in the several warrants, before the action was commenced, the persons or person or the several persons who gave it to them, or the survivors, if one or more are dead, may apply to the court for an order to substitute the applicant or several applicants as defendants in the action in place of the officer or of the person so acting by his command or in his aid. Section fourteen hundred and twenty-two is amended so that it will read as follows: tion for tion, and upon. § 1422. Notice of the application must be given to the attorney for Notice of each party to the action. If the defendant has not appeared notice applica must be given to him personally. If the pleadings do not sufficiently substitu show that the case is one where the order may be granted, the facts proofs with respect thereto must be shown by affidavit or other competent proof. thereThe motion papers must contain a written consent to be made a defendant in the action executed by each person who executed the instrument or instruments of indemnity unless proof by affidavit is furnished that those who do not consent are dead. Each consent must be acknowledged or proved and certified in like manner as a deed to be recorded in the county. Section fourteen hundred and twenty-seven is amended so that it will read as follows: whom in § 1427. Where an action is brought in a case where one or more per- Officer to sons are entitled to make an application for an order of substitution, demnity is as prescribed in section one thousand four hundred and twenty-one of given, required this act, the officer to whom the instrument or instruments of indemnity to give was given cannot maintain an action thereupon against a person entitled notice of to make, but who has not made, such an application, unless notice of the commencement of the action against the officer, or the person acting by his command or in his aid, is given before the trial thereof, or at least ten days before judgment by default is taken therein either to the attorney or several attorneys whose name is or several names are subscribed to the execution or several executions or warrant of attachment or several warrants of attachment, or personally to the judgment creditor or creditors, or to the plaintiff or several plaintiffs in the action in which the warrant of attachment was or several warrants of attachments were issued, or to one of the persons who executed the instrument or instruments of indemnity. § 2. This act shall take effect immediately. Chap. 183. AN ACT to amend chapter six hundred and thirty-nine of PASSED April 20, 1887; three-fifths being present; without the approval of the The People of the State of New York, represented in Senate and SECTION 1. Section three of chapter six hundred and thirty-nine of the laws of eighteen hundred and seventy-one, entitled "An act to regulate and protect the planting of oysters in the public waters of the 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.] when to tificate of to plant oysters. towns of Jamaica and Hempstead, in the county of Queens," is hereby amended so as to read as follows: Town § 3. Before any person shall occupy any lands under the public auditors, waters aforesaid, for the purpose of planting oysters under the provis grant cer- ions of this act, he shall prove to the satisfaction of the board of audiauthority tors of town accounts of said town, or a majority of them, that the land selected is not a legally planted bed of oysters, or, if planted, is not so planted by any person other than the applicant, and shall also prove to the satisfaction of said board of auditors that he is, and has been for one year preceding an inhabitant of the town. All the aforesaid proof shall be taken in writing and signed and sworn to. Such board of auditors, or a majority of them, shall thereupon give to such person a certificate, under their hands, certifying that they are satisfied from such proof that the applicant is, and has been for one year preceding, an inhabitant of the town, and that the land selected does not contain a legally planted bed of oysters, or is not so planted by any person other than such applicant. Such certificate and deposition aforesaid how shall thereupon be filed in town clerk's office, and the certificate shall be evidence of the facts therein contained. Certifi filed. Annual rent able to town. § 2. Section four of said act is hereby amended so as to read as follows: § 4. Any person being an inhabitant of the town as aforesaid, may, not pay upon complying with the provisions of this act, and obtaining such certificate yearly, plant oysters upon the beds so designated and marked, and shall pay for the use of said land to the supervisor of the town the annual rent of five dollars for each acre so occupied or staked off, and a fee of one dollar to said board for each such certificate granted. The Proceeds sum so received per acre in each year shall be appropriated toward the payment of the current annual expenses of said town, and it shall not applied. be lawful for any person other than the one who planted the oysters, and his legal representatives, to take said oysters or disturb said beds, either by oystering or clamming thereon, or in any other way, under the penalty hereinafter provided. thereof, how Rights, when to be forfeit ed, after abandon ment, etc. Dredging for oysters prohibited. Penalties for violation of act, how prosecuted. § 3. Section seven of said act is hereby amended so as to read as follows: § 7. If any person, after having planted oysters in pursuance to the provisions of this act, shall have abandoned or ceased to use the land whereon the same are planted for the period of six months, he shall forfeit all right and privilege to the use of the same under this act, and any such person who shall remove from the town and cease to be an inhabitant thereof shall forfeit all rights and privileges acquired by him under this act after six months from such removal, which period shall be allowed him for the purpose of removing the oysters planted by him and remaining in the said beds at the time of his removal. § 4. Section nine of said act is hereby amended so as to read as follows: § 9. It shall not be lawful for any persons to dredge for oysters in any of the said waters; any person found dredging shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not over one hundred dollars, or imprisonment in the county jail for not more than sixty days, or both such fine and imprisonment, and it shall be lawful for either of said boards, in its discretion, to employ or pay a suitable person to prosecute any person or persons violating any of the provisions of this act or any law relating to the planting of oysters in the public waters of the towns of Jamaica and Hempstead, in the county of Queens. § 5. This act shall take effect immediately. |