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amended.

and their necessary money.

Chap. 16.
AN ACT to amend section two of an act entitled "An act to in-

corporate the Presbyterian Theological Seminary, established

by the synod of Geneva, at Auburn, in the county of Cayuga. Became a law February 23, 1899, with the approval of the Governor.

Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two of an act entitled "An act to incorporate Charter the Presbyterian Theological Seminary, established by the Synod of Geneva, at Auburn, in the county of Cayuga,” passed April fourteenth, eighteen hundred and twenty, is hereby amended to read as follows:

§ 2. And be it further enacted, That there shall forever here- Trustees after be fifteen trustees of the said corporation, who shall be di- terms. vided into three classes, to be number one, two and three; the places of the first class shall become vacant on the first Wednesday of September, in the year eighteen hundred and twenty-one; the places of the second class in one year thereafter, and the places of the third class in one year from that time; and the vacancies in the said several classes, occasioned by the expiration of the time of service as aforesaid, or by resignation, death or otherwise, shall be from time to time filled up in the manner hereinafter mentioned and provided. The terms of the fifteen trustees in office after the fifth day of May, in the year eighteen hundred and ninety-eight, are hereby extended as follows: The term of Clarence F. Baldwin, J. Jermain Porter, Stephen M. Clement, John McC. Holmes and George B. Spalding (forming class one) unto twelve o'clock noon of the Thursday next following the first Sunday of May, in the year of our Lord nineteen hundred; the term of Jared T. Newman, Charles C. Dwight, William H. Hubbard, Charles A. Hawley and M. Woolsey Stryker (forming class two) unto twelve o'clock noon of the Thursday next following the first Sunday of May, in the year of our Lord nineteen hundred and one; and the term of Levi Parsons, Charles I. Avery, John D. Teller, James H. Loomis and John H. Osborne (forming class three) unto twelve o'clock noon of the Thursday next following the first Sunday of May, in the year of our Lord nineteen hundred and two; and upon the expiration of each of said terms successors

shall be chosen to serve unto twelve o'clock noon of the Thursday next following the first Sunday of May, in each third year there. after.

§ 2. This act shall take effect immediately.

Electors may vote on propo sition.

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Chap. 17.
AN ACT to authorize the town of Lowville in the county of Lewis

to acquire a site and construct a town hall thereon and to issue

bonds therefor. Became a law February 23, 1899, 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. The electors of the town of Lowville, in the county of Lewis, in the state of New York, may, at a special town meeting of such town, to be called, held and conducted in pursuance of the provisions of law for calling, holding and conducting special town meetings, for the purposes for which such special town meetings are authorized by law to be called and held, vote by ballot upon the proposition to authorize such town to construct a town hall therein, and to furnish and equip the same, and to borrow a sum of money not exceeding twenty thousand dollars for the purpose of acquiring a suitable site therefor, and constructing, furnishing and equipping such town hall thereon. If a majority of the votes cast at said town meeting, as shown by the return of the presiding officers thereof filed with the town clerk of said town pursuant to law, be in favor of such proposition, the town board of said town shall thereupon by an instrument in writing filed in the town clerk's office of said town, appoint five representative taxpayers of such town to act in conjunction with said town board as commissioners for the pur. poses herein provided, and thereupon said town board and such commissioners shall be authorized, and they are directed to acquire, in the name and on behalf of such town, by purchase or condemnation, such land as, in their judgment may be necessary and proper therefor, and to erect and furnish a town hall thereon, as hereinafter provided.

$ 2. The town board of said town is hereby authorized to borrow upon the faith and credit of said town the sum of twenty

Appointment of Cimis. s.oners.

Powers,

Authority

bonds.

terest and

thousand dollars, or so much thereof as may be necessary, for the purpose of acquiring said site and erecting and equipping a town hall thereon. For the money so borrowed the said town Issue of board is hereby authorized to issue the bonds of said town in due form of law with interest coupons attached, signed by the supervisor and town clerk of said town, which bonds shall be in denominations of one hundred dollars or five hundred dollars each and shall bear interest at a rate not exceeding three and one-half per centum per annum, said interest to be payable annually on February first, and the sum of one thousand dol. lars of said principal to become due and payable on the first day of February in each year, commencing February first nine teen hundred, and said bonds to be disposed of at not less than par to the highest bidder. For the payment of such bonds and Tax for inthe interest thereon the said town board is authorized and principal. directed from time to time to place upon the abstract of said town in addition to all other sums authorized by law, the amount of any such bond or bonds that shall become due in the then succeeding fiscal year together with any and all interest that shall become due within the same time, and the amount payable by such town on account of such bonds and interest shall be levied by the board of supervisors of Lewis county at its annual session upon such town in the same manner as other town charges. The Lease of town board of said town is hereby authorized and directed to lease said town hall when completed for lawful purposes, and the net rents received therefrom shall be paid over to the supervisor as received, and applied by him in payment of such bond.3 and interest.

§ 3. The said town board and commissioners shall organize Chairman by the election of a chairman and treasurer, and upon said treas. urer. urer filing a bond in the town clerk's office of said town, duly approved by a majority of said commissioners and town board, for the faithful discharge of his duties as such treasurer, the proceeds of said bonds shall be paid over io said treasurer.

§ 4. The said town board and commissioners are hereby au. Plans and! thorized and directed to adopt plans and specifications for such tions. town hall and shall cause said town hall to be erected, equipped, furnished and completed by contract or day's labor upon the site acquired as hereinbefore provided. If said town board and Contracts. commissioners shall decide to construct and furnish said town hall by contract, they shall advertise for bids therefor, and let

hall.

and treas

specifica

Payment of funds.

tion of surplus.

the same to the lowest responsible bidder. If no satisfactory bids are obtained, said town board and commissioners are authorized to reject all bids and advertise anew. They shall require every contractor to furnish adequate security to be approved by them for the faithful performance of his contract. All moneys used in acquiring such site and in erecting, furnishing and completing said town hall shall be paid over by said treasurer, upon the written order of the chairman upon said

treasurer after the same shall have been approved by a majorApplica. ity of said town board and commissioners. Any balance of

said funds remaining after the completion and furnishing of said town hall shall be paid over by said treasurer to the supervisor of said town, and shall be by him applied to the pay.

ment of said bonds and interest as they shall become due. Report of $ 5. Upon the completion of said town hall and the furnishing

thereof said town board and commissioners shall make and file in the office of the town clerk of the said town a full report of their proceedings, together with an itemized account of all

moneys received and expended by them, together with the bills Expiration and vouchers therefor. Thereupon the terms of office of said commis commissioners shall.expire and thereafter such town hall sball

be under the charge and supervision of the town board of said town of Lowville.

$ 6. This act shall take effect immediately.

proceedings.

of terms of

sioners.

| Cap. 18. AN ACT to amend section nine hundred and seventy-seven of

the code of civil procedure, in relation to serving notice of trial

and filing notes of issue. Became a law February 27, 1899, with the approval of the Governor. Passed,

a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section nine hundredsand seventy-seven of the code of civil procedure is hereby amended so as to read as follows:

§ 977. At any time after the joinder of issue, and at least four. teen days before the commencement of the term, either party may serve a notice of trial. The party serving the notice must file with the clerk a note of issue, stating the title of the action, the names

Amend ment.

Notice of trial and note of issue.

of the attorneys, the time when the last pleading was served, the nature of the issue, whether of fact or of law; and, if an issue of fact, whether it is triable by a jury, or by the court, without a jury. The note of issue must be filed at least twelve days before the commencement of the term. The clerk must thereupon enter Duty of the cause upon the calendar, according to the date of the issue. The clerk must prepare the calendar and have the necessary copies ready for distribution at least five days before the conimencement of the term. In the counties of New York, Kings, Service of Queens, Richmond, Albany, Erie, Monroe and Onondaga, where when surt a party has served a notice of trial, and filed a note of issue, for a term at which the case is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue, for a succeeding term; and the action must remain on the calendar until it is disposed of.

§ 2. This act shall take effect on the first day of September, When take eighteen hundred and ninety-nine.

© new notice,

effect.

state re

Chap. 19.
AN ACT to release to George Fleer and Henry Fleer all the right,

title and interest of the people of the state of New York in and
to certain real estate in the borough of Brooklyn, county of

Kings and city and state of New York.
Became a law February 27, 1899, with the approval of the Governor. Passed,

by a two-thirds vote.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

Section 1. All the estate, right, title and interest of the people Interest of of the state of New York acquired by escheat, forfeiture or other. Jeased. wise of, in and to all that certain lot, piece or parcel of land sit. uate, lying and being in the borough of Brooklyn, late village of Williamsburgh, Kings county and state of New York, known and distinguished upon a certain map filed in the clerk's office of Kings county on the eighth day of August, eighteen hundred and thirty-eight entitled “ Map of a piece of land situate in the village of Williamsburgh, Kings county" showing the same as subdivided into lots by D. Ewen, surveyor, dated October, eighteen hundred and thirty-seven, as lot twenty-four, bounded easterly in the front by Graham avenue twenty-five feet, westerly in the rear

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