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The said consent shall be signed by owners of real property, situated within such territory constituting one-third in value thereof, as assessed upon the last preceding town assessment roll, with the addition of their places of residence and the assessment of their said real property, respectively. A list of the names of the inhabitants of such territory shall be attached to and accompany the proposition. At the time of the delivery of the proposition the sum of fifty dollars shall be deposited with one of the supervisors for the purpose specified in this article.

§ 3. Section five of said chapter as amended by chapter one hundred and fifty-four of the laws of eighteen hundred and ninety-nine and as amended by chapter one hundred and thirtynine of the laws of nineteen hundred and three, is hereby amended to read as follows:

§ 5. Proceeding on hearing.-The supervisor or supervisors shall meet at the time and place specified in such notice, and shall hear any objections which may be presented against such incorporation upon either of the following grounds:

1. That a person signing such proposition is not qualified therefor, or

2. That the persons signing such consent are not the owners of one-third in value of the real property within such territory, as assessed upon the last preceding town assessment roll, or

3. That, if the territory is less than an entire town, it contains more than one square mile or is part of a town having a popu lation of less than ten thousand and that part of the territory of such town is not already incorporated in a city or in one or more villages, and that the territory proposed to be incorporated has a population of less than one thousand, or

4. That the population of the territory is less than two hundred. All objections must be in writing and signed by one or more resident taxpayers of a town in which some part of the proposed village is situated. Testimony may be taken on such hearing, which shall be reduced to writing and subscribed by the witnesses. The hearing may be adjourned, but must be concluded within ten days from the date fixed in the notice.

§ 4. This act shall take effect immediately.

Chap. 36.

AN ACT to authorize the Nyack hospital of Nyack, New York, to pay certain moneys to the Piermont Methodist Episcopal church of Piermont, New York, and to the Palisades Methodist Episcopal church of Palisades, New York.

Became a law March 1, 1904, 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 Nyack hospital, a corporation of Nyack, Rockland county, New York, is hereby authorized to pay unto the trustees of the Piermont Methodist Episcopal church of Piermont, New York, for the use of the said church the sum of two thousand, two hundred and fifty dollars, and unto the trustees of the Palisades Methodist Episcopal church of Palisades, New York, for the use of the said church the sum of two thousand two hundred and fifty dollars; the said amounts to be paid by the Nyack hospital out of the residuary estate of the late Charles H. Masten, deceased, received by the said Nyack hospital under a decree of the surrogate's court of the county of Rockland, made on the tenth day of September, nineteen hundred and three.

§ 2. This act shall take effect immediately.

Chap. 37.

AN ACT to amend chapter ninety-four of the laws of eighteen hundred and seventy-seven, entitled "An act to authorize the appointment of a librarian to take charge of the law library in the fifth judicial district located at Utica."

Became a law March 3, 1904, 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. Section one of chapter ninety-four of the laws of eighteen hundred and seventy-seven, entitled "An act to authorize the appointment of a librarian to take charge of the law library

in the fifth judicial district, located at Utica," passed April fifth, eighteen hundred and seventy-seven, is hereby amended so as to read as follows:

§ 1. A justice of the supreme court, residing in the county of Oneida, is hereby authorized from time to time, to appoint a librarian to take charge of the law library in the fifth judicial district, located in the city of Utica, and who shall be paid a salary not exceeding one thousand dollars per year, the amount bran to be payable on the certificate of a justice of the supreme court residing in the fifth judicial district out of the moneys raised in the county of Oneida for court expenses by the treasurer thereof, upon the presentation of such certificate.

§ 2. This act shall take effect immediately.

Chap. 38.

AN ACT to legalize and confirm the taxes levied for the repair of highways upon the assessment rolls of the several towns for the year nineteen hundred three under the money system. Became a law March 3, 1904, 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:

Salary of libraan, how paid.

Section 1. The taxes levied in the year nineteen hundred and three for the repair of highways, upon the real and personal property in the several towns under the money system for such repair, are hereby legalized and confirmed so as to be of the same force and effect as though the boards of supervisors had, in said year, levied the minimum amount required to be raised under the provisions of chapter two hundred and twenty-eight of the laws of nineteen hundred and three. But nothing herein con- Amount tained shall authorize the payment by the state of more than fifty the state. per centum of the amount actually raised by said towns severally.

§ 2. This act shall take effect immediately.

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Description

annexed.

Chap. 39.

AN ACT to extend the boundaries of the city of Utica by annexing thereto a part of the town of New Hartford and to provide for the government of the territory so annexed.

Accepted by the city.

Became a law March 3, 1904, 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 that part of the town of New Hartford hereinof territory after bounded and described is hereby annexed to and shall form a part of the city of Utica, to wit: Beginning at the westerly corner of the city of Utica where the northwesterly line of lot number one hundred and one in Cosby's manor crosses the highway known as York street, leading from New York mills to Utica, and runs thence southeasterly at right angles to said northwesterly line of lot number one hundred and one, Cosby's manor, to the appropriation or blue line on the northwesterly side of the abandoned Chenango canal; thence southwesterly along the said appropriation line on the northwesterly side of said Chenango canal to a point where the southerly line of the highway known as Prospect street prolonged in a northwesterly direction intersects the same; thence southeasterly along said prolongation of the southerly line of said Prospect street to and along the southerly line of said street to the easterly line of the highway formerly known as the Bridgewater and Utica plank road; thence southwesterly along the easterly line of said Bridgewater road to the westerly corner of the Old Forest hill cemetery; thence southeasterly along the southwesterly boundary of said cemetery to an angle in the same; thence at right angles northeasterly about four hundred feet along the line between said cemetery and the Perry farm; thence at right angles southeasterly along the line between said cemetery and said Perry farm and the same line prolonged to the easterly line of the highway known as Third street; thence northerly along the easterly line of said Third street to the southerly line of Pleasant street; thence southeasterly along the southerly line of said Pleasant street to the easterly line of Tilden avenue; thence

northeasterly along the easterly line of said Tilden avenue to the southerly line of the city of Utica; thence northwesterly along the southwesterly lines of said city to the place of beginning.

territory

§ 2. All of the territory described in the first section of this Division of act, hereby annexed to said city of Utica which lies westerly of into wards. the center line of Genesee street shall be a part of the eleventh ward of said city, and all that portion lying easterly of said center line of Genesee street shall be a part of the seventh ward of said city.

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§ 3. All of the provisions of chapter eighteen of the laws of Laws ap eighteen hundred and sixty-two entitled "An act to revise the ment of ancharter of the city of Utica," and the laws amendatory thereof ritory. and supplementary thereto, and all the laws applicable to the city of Utica not inconsistent with the provisions of this act, shall be deemed to apply and shall apply to the territory annexed to the city of Utica by the provisions of this act and described in the first section thereof.

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bonded Indebtedness

§ 4. All the property belonging to the town of New Hartford Disposition or to any common or union school district and situated in the erty and territory hereby annexed to said city, shall hereafter belong to the city of Utica; and all the bonded indebtedness including principal and interest of any union or common school district, the whole or any part of whose territory is by this act annexed to the city of Utica, shall be a charge upon and shall be paid by said city of Utica to the treasurers of said school districts respectively as the same shall become due and payable and in the same proportion to the whole debt of such school district as the assessed valuation of the part of such school district annexed to said city bears to the whole valuation of such common or union school districts respectively, as shown by the last assessment roll of the town of New Hartford made prior to the passage of this act, and the management of the public schools, including the receipts and disbursements of all moneys for the support of the same in the territory which by this act is annexed to the city of Utica, shall remain under the control of the authorities in the several school districts hereby affected until July thirty-one, nineteen hundred and four. All unpaid taxes here- Unpaid tofore levied within said annexed territory shall be payable and lection of. collectible in all respects the same as though this law had not been enacted.

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