Report of

receiver

of taxes and RESORS

ments of LOFONSments

reseived.

§ 4. Section two hundred and one of chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, entitled "An act to incorporate the city of Mount Vernon," as amended by section twenty-two of chapter six hundred and ninetytwo of the laws of eighteen hundred and ninety-six is hereby amended so as to read as follows:

§ 201. The receiver of taxes and assessments shall, at the expiration of one month from receipt by him of a warrant for the collection of any assessment under this title report to the common council the amount of such assessments received by him under such warrant within such month, and the common council may thereupon issue bonds of the city, to be known as assessment ment bonds bonds," to the amount of such assessments then remaining unpaid. Such bonds shall be signed by the mayor and city clerk, to be of such denomination, bear such interest not exceeding the legal rate, and mature at such times not exceeding six years from their date, as the common council shall prescribe. The common council may convert such bonds into money at not less than their par value or obtain loans upon the same, and the proceeds thereof shall be applied only for the purpose for which the assessments so reported unpaid were laid, and the expenses of assessment sales and redemption notices; but nothing in the act hereby amended or in any act amendatory thereof or supplementary thereto shall be construed to prevent the reimbursement to the city of Mount Vernon of any sums by it advanced in anticipation of such bond issue. And all moneys received from such assessments, or from the sale of land for the non-payment of such assessments, after the issue of such bonds shall be held and used exclusively for the payment of such assessments, bonds or loans obtained thereon, and the expenses aforesaid. If the money so received shall not be sufficient to pay such bonds as they become due the common council may, from time to time issue additional assessment bonds, equal to the amount of deficiency existing between the moneys so received and the amount of such bonds maturing; provided, however that the time of payment of any such assessment bonds shall not extend beyond two months after the time within which lands must be sold for the non-payment of the assessments in the respective proceedings for which the said bonds were issued.

Publication

of notice heretofore begun.

§ 5. The publication of any notice heretofore begun or made in conformity with section one hundred and ninety-five of chapter

one hundred and eighty-two of the act hereby amended as so amended, shall be sufficient to all intents and purposes, as if such publication had been made in accordance with said section as it read before such amendment.

§ 6. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 7. This act shall take effect immediately.

Chap. 375.

AN ACT to amend chapter four of the laws of eighteen hundred and sixty-four, entitled "An act to incorporate the Roosevelt hospital in the city of New York," in relation to the election of additional trustees and the filling of vacancies.

Accepted by the city.

Became a law, May 5, 1903, 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:

trustees,

Section 1. Chapter four of the laws of eighteen hundred and sixty-four, entitled "An act to incorporate the Roosevelt hospital in the city of New York," is hereby amended by inserting therein a new section to be section one-a thereof and to read as follows: § 1-a. The present trustees of the Roosevelt hospital or a ma- Additional jority of them, shall forthwith elect two male, native-born, citizens, tons of resident in the city of New York, as trustees, in addition to the nine named in the first section of this act, and the eleven trustees and their successors shall be the body corporate by the name of and known as the Roosevelt hospital.

§ 2. Section three of such chapter is hereby amended to read as follows:

qualifica

have man

control

§ 3. The direction and management of the affairs of said cor- Trustees to poration, and the control and disposal of its property and funds, agement of shall be vested in said trustees and their successors. In case of property. any vacancy from death, resignation, or otherwise of any of the six individual trustees, or their successors, then and in every such case, the vacancy so occurring shall be supplied by the surviving or remaining trustees, from male native born citizens then resident in the city of New York. The property, real and personal,

of said corporation, shall be exempt from taxation, and shall be entitled to the benefit of the provisions of law relating to charitable institutions.

§ 3. This act shall take effect immediately.

Berial of dead in

Cemetery prohibited.

Chap. 376.

AN ACT to authorize the city of Olean to acquire the Oak Lawn cemetery, and other lands, for the establishment of a public park, to provide for the removal of remains in such cemetery, and the reinterment thereof, and to authorize the issue of bonds for the purposes of the act.

Accepted by the city.

Became a law, May 5, 1905, 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 old cemetery in the city of Olean, known as Oak Lawn Oak Lawn cemetery, and delineated on the map of the village of Olean made by T. J. Gosseline, esquire, and filed in the office of the clerk of Cattaraugus county in the year eighteen hundred and thirty-six, and also delineated on the map of the said village made by Nicholas VanWickle and filed in said county clerk's office; and which is bounded east by Fourth street; north by Washington street; west by Fifth street and south by Putnam street, as said streets are delineated on said Gosseline map, together with the additions made thereto for cemetery purposes and known as the Whitney and Oosterhoudt additions respectively, having ceased to be used for burial purposes and having become dangerous to public health by reason of the growth of said city and the building of dwelling houses in the immediate vicinity, the burial of the dead in said cemetery and in said additions thereto are hereafter prohibited.

Aequisi tion of old cemetery for park purposes.

§ 2. The board of park commissioners of the city of Olean are hereby created commissioners for the purpose of acquiring the title to and taking possession of said old cemetery and said additions thereto for said city of Olean for the purpose of converting the same, together with such other lands as they shall acquire

for that purpose in the manner hereinafter specified, into a public park for said city; and for the purpose of exhuming and removing from said old cemetery and additions the human remains now interred therein and reinterring the same in some other suitable place to be obtained by them.

cemetery may be acquired

by con

§ 3. Said park commissioners are hereby authorized and em- Lands of powered to take and acquire by gift or purchase and conveyance murd the fee or reversionary estate in the lands embraced in said old demnation. cemetery and in said additions thereto and are also hereby authorized and empowered to take the same by condemnation in the manner hereinafter specified for the purpose of converting the same into a public park of said city.

of damages,

for ap

pointment

missioners.

§ 4. At any time after this act takes effect said park commis- Appraisal sioners may present to the county court of Cattaraugus county petition their petition praying for the appointment of three commissioners of com to appraise the damages for the taking of the fee or reversionary estate in the lands embraced in said old cemetery and in said additions thereto, after having first given notice thereof and of the time and place at which the same will be so presented by publication thereof in a newspaper published in said city once a week for six successive weeks prior to the presenting of said petition.

nent and

tions of

commis

§ 5. Upon the presentation of such petition with due proof of Appoint publication of notice of such application in the manner afore-qu said, the county court shall appoint three reputable free-holders, stouers who shall be residents of said city and not interested in the lands to be taken, who shall inquire into and determine what damages, if any, the owner or owners of the fee or reversionary estate in the lands embraced in said old cemetery and in said additions will sustain by reason of the taking thereof.

sioners to take oath of

hearings.

§ 6. Before entering upon the duties of their office, the said Commiscommissioners so appointed by the county court as aforesaid, he shall take and subscribe the constitutional oath of office and file the same in the office of the clerk of Cattaraugus county; they shall appoint a time and place for a hearing and serve ten days' notice thereof upon the board of park commissioners by filing the same in the office of the city clerk of said city and shall also publish notice thereof in a daily newspaper published in said city for ten consecutive issues of such newspaper. They shall meet at the time and place so appointed and may adjourn from

Report of

commissioners;

time to time. They shall personally examine the lands, the compensation for which is to be determined by them, and may take testimony in relation thereto. They shall keep minutes of their proceedings and reduce to writing all evidence taken before them. They shall make and return to the county court of Cattaraugus county their report and award together with their proceedings, which shall be signed by the commissioners or a majority of them. § 7. In case said commissioners shall determine that the owner or owners of any lot or lots in either of the said additions to said old cemetery are the owners of the fee in said lot or lots, they shall so find and report and shall award the damages sustained by such owner or owners of such lot or lots, and the park commissioners shall not pay such damages to such owner or owners of lots who shall be determined to own the fee in their respective lots, but said damages shall be retained by the park commissioners. Said park commissioners shall serve notice upon such owner remains or owners of lots to whom damages shall be awarded as provided monuments in this section by publication thereof in a daily newspaper pub

award of damages.

Notice to lot owners to remove

and

Confirma

tion of report.

lished in said city for ten consecutive issues of such newspaper, requiring such owner or owners of lots to exhume and remove the human remains interred therein and all monuments, stones and marks of burial within thirty days after the last publication of said notice; and in case such remains and monuments, stones and marks of burial be not removed within such time then the same shall be removed and reinterred and reset respectively in the same manner as is provided in section nine of this act, by said park commissioners, and the expenses incurred by them in making such removals and reinterments, in providing a place or places of reinterment and in resetting such monuments, stones and marks of burial shall be deducted from and paid out of the amount of damages awarded to such owner or owners of said lot or lots and retained by said park commissioners for that purpose and only the remainder, if any, of the sum or sums so awarded shall be paid to the owner or owners of such lot or lots respectively.

§ 8. Upon presentation report and award the county court may confirm the same, or may vacate the same and order a new appraisal and appoint new commissioners to make the same. If said report and award be confirmed the order of confirmation shall be deemed a final order in a special proceeding in said court.