draw. May borrow money, etc Opening of and persons crossing public bridges, but it shall not be lawful to keep any draw open for more than ten consecutive minutes; from time to time to borrow such sums of money as its directors issue bonds, may deem necessary, and to issue and dispose of its bonds for any amount so borrowed, and to mortgage its property and franchises to secure the payment of any debts contracted by the Purchase of company; to purchase, acquire, hold and dispose of the stocks, stocks, etc. bonds and other evidences of indebtedness of any corporation, domestic or foreign, and issue in exchange therefor its stocks, bonds or other obligations. bonds. Contracts, or options, filing of. Effect of filing. Duty of county clerk. 3. Any contract or options for the purchase of land made to said corporations or to other persons, and by them assigned, contracted or conveyed to said corporation, if duly acknowledged or proved according to law, may be filed for record in the county clerk's office of the county in which such land is situated, and the filing of such instruments shall be constructive notice' of all the rights of said corporation in and to the property mentioned in such contracts, options, assignments or conveyances. Whenever said corporation shall file any deeds, contracts or options, through which it derives or may derive title, the county clerk shall index said deeds, contracts or options in the name of all the grantors and grantees, assignors and assignees, named in said deeds, contracts or options. § 4. This act shall take effect immediately. Excise commiss'oners. Excise board. Chap. 720. AN ACT to reorganize the board of excise commissioners for the county of Richmond. BECAME a law May 19, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. All the powers and duties of all excise commissioners and boards of excise commissioners in Richmond county shall hereafter be exercised and performed by five excise commissioners, one from each town of said county, who shall be chosen as hereinafter provided, and who shall constitute the excise board of Richmond county. commis § 2. Such commissioners shall hold office for three years, begin-Terms of ning with the first day of January next succeeding their election, ioners. except as hereinafter otherwise directed, and except when chosen to fill a vacancy, but they shall continue in office until their successors shall have been chosen and have qualified. tions and § 3. At the time of their selection, and at all times thereafter Qualifica during their retention of such office, each of said commissioners, disabilities. in order to take or hold such office, shall be a resident of said county, and of the town which he has been chosen to represent in said board, a legal voter therein, a freeholder, in his own name and right, of real property located in said county, and shall not be, directly or indirectly, engaged or interested in the manufac ture or sale of strong or spirituous liquirs* or of wines, ale or beer, or any other fermented beverage, or in the employ of any person so engaged or interested, nor shall he hold any other state, county, town on municipal office, except that of notary public. Comission ers, how electors. elections. § 4. Such commissioners shall be chosen at the following times and in the following manner: In the year eighteen hundred and chosen. ninety-four, at the first general election held in said county after the passage of this act; in the year eighteen hundred and ninetyfive, and every three years thereafter, at the general election held in those years in said county. The electors of all of said county Notice to shall be duly called upon and notified, at said periods of time, by the proper county officer or officers in charge of the calling of notification of county elections, to vote for commissioners to hold county offices and be members of the excise board herein provided for, and such elections shall be held in the manner and by the conduct of officers provided by law for the election of county officers. The ballot used shall, in no event, contain names other than those of Ballots and candidates for such excise commissionerships; separate ballot boxes. boxes, for the reception of such ballots only, shall be duly provided by the county clerk or other proper officials, and shall be used, and the returns of said election shall be duly canvassed and Canvass the correct result thereof certified to and published by the board tificate of of supervisors of the county, but no ballot shall be counted upon which more than five names for excise commissioners shall appear. The candidates receiving, in order of numbers, the Certificates highest numbers of votes, the board of supervisors shall, by a certificate in writing, signed by a majority of said board, So in the original, ballot and cer result. of election. in office. forthwith, upon the completion of said canvass, designate as elected to be such excise commissioners, but in case six or more candidates have received the same number of votes, the board of supervisors shall forthwith determine by lot which five of them shall be held and declared to be elected, and shall so state the result in their certificate of election. The certificates of election, made as aforesaid, shall be filed in the office of the county clerk, and entitle the persons therein designated to claim and enter Vacancies upon the office of excise commissioner, if otherwise qualified. In case of a vacancy in said excise board, caused by death, resignation, removal from the county, or from the town which he was chosen to represent, or from the office, or by legally declared inability to serve, on the part of any of said commissioners, during his term of office, of* by the holding, at the time of his selection or thereafter, or by the acceptance thereafter, of any other state, county, town or municipal office, except that of notary public, the said vacancy shall be promptly filled for the remainder of the unexpired term by the board of supervisors of said county, but in any event the appointment shall be of some duly quali fied citizen of the county and town which he is chosen to represent. Such appointments shall be made in writing, signed by the persons making the appointment, and filed in the office of the county clerk, and shall entitle the person or persons therein designated to claim and enter upon the office of excise commissioner, if otherwise qualified. Before entering upon the duties of their office every such commissioner shall take and subscribe and file in the office of the county clerk the oath of office prescribed Commence- by the constitution of this state. Immediately after the selection expiration and qualification of excise commissioners made in the year eighteen hundred and ninety-four, under the provisions of this act, they shall assume and be allowed to enter upon the duties of their office, and the terms of office of the excise commissioners up to that time in office in Richmond county shall immediately The terms of office of the commissioners elected in the year eighteen hundred and ninety-four, and of those appointed to fill any vacancies in those terms, shall expire with the thirtyfirst day of December in the year eighteen hundred and ninetyfive, but they may continue to exercise the duties of their office thereafter until their duly selected successors have qualified. Oath of office. ment and of terms. Terms of commissioners elected or in 1894. cease. *so in the original. from office. The said excise commissioners or any of them may be removed for Removals misconduct in office at any time by a special term of the supreme court in the second department, upon written charges of misconduct and adequate proof thereof, produced by any taxpayer of the county of Richmond, and due opportunity on the part of the accused to be heard thereon. business and clerks. expenses, § 5. The said five commissioners and excise board shall have a Office and furnished office provided for them by the board of supervisors, in hours. a locality conveniently accessible to the majority of the inhabitants of the county, which office shall be open and in charge of the clerk of said excise board every day, except Sundays and legal holidays, from nine o'clock in the morning to four o'clock in the afternoon, shall annually appoint a chairman of the board, Chairman also a clerk at a salary not to exceed the rate of seven hundred and fifty dollars per annum, which salary and the salaries of the Salary and commissioners and the necessary expenses of books, documents how paid. and stationary shall be paid out of the license or excise moneys collected, or, if they be insufficient, the balance to be paid by the county, shall keep minutes of their proceedings and records of Powers, licenses and of license or excise moneys, give bonds, make reports, and comreceive from the county a compensation at the rate of two hundred and fifty dollars each per annum, grant and revoke licenses and pay over license or excise moneys received by them, under and in pursuance of the provisions of existing laws, and they shall be vested with all the powers and charged with all the duties of the excise commissioners and excise boards in towns and villages which are set forth in the existing laws of this state, so far as the same are not inconsistent with or repugnant to the provisions of this act. duties, pensation. selection cation of commis § 6. This act, in so far as shall be necessary to fully authorize Act as to and direct the selection and qualification of the excise commis- and qualif. sioners herein and at the times and in the manner herein provided stoners, for, shall take effect immediately, notwithstanding the provisions effect of any general or special act repugnant to or inconsistent with the provisions hereof. when takes when takes § 7. Immediately after the selection of excise commissioners Entire act, under the provisions of this act and their qualification this entire effect. act shall take effect and chapter four hundred and four of the laws of eighteen hundred and ninety-two shall thereupon forthwith Repeal. stand fully repealed, and all general or special laws of this state, Jurisdiction to hear claim. Proviso. Corpora tors. inconsistent with or repugnant to any of the provisions of this act, shall at the same time be hereby and to that extent repealed, but only in so far as they affect Richmond county. Chap. 721. AN ACT to confer jurisdiction upon the board of claims to hear, audit and determine the claim of Patrick Gawkins and the claim of the estate of Giles Hawley, deceased, against the state. BECAME a law May 19, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Jurisdiction is hereby conferred upon the board of claims to hear, audit and determine the claim of Patrick Gawkins and the claim of the estate of Giles Hawley, deceased, or either of them, for labor and services performed, provided said claims shall have accrued within six years prior to the filing thereof. § 2. This act shall take effect immediately. Chap. 722. AN ACT to incorporate the Niagara, Lockport and Ontario power company. BECAME a law May 21, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. John E. Pound, William Richmond, Chauncey E. Dunkleberger, Thomas Oliver, Isaac H. Babcock, William H. Higgs, Patrick F. King, James K. Perry and Charles J. Ferrin, of Lockport, in the state of New York, and such other persons as they may associate with them under the provisions of this act, shall be and are hereby constituted a body corporate by the name of "the Niagara, Lockport and Ontario power company." The Principal principal office of said company shall be in the city of Lockport, Niagara county, New York. Corporate name. office. Capital stock. § 2. The capital stock of said company shall be fixed by the directors thereof, not exceeding the sum of ten millions of dollars, and shall be divided into shares of one hundred dollars each. |