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CHAP. 3.

AN ACT to provide for the payment of inspectors of election in the city of New York, for services rendered by them in the year eighteen hundred and eighty-two.

PASSED January 31, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Upon the certificate of the chief of the bureau of elections in the city of New York as to the period of service, compensation at the rate now fixed by law shall be paid to the inspectors of election in said city who were appointed during the year eighteen hundred and eighty-two for their services actually rendered, notwithstanding the failure by any inspector to comply with some requirements of law relating to his duties.

2. This act shall take effect immediately.

CHAP. 4.

AN ACT to amend the Code of Civil Procedure.

PASSED January 31, 1883; three-fifths being present.

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

SECTION 1. Section two hundred and fifty-one of the Code of Civil Procedure is hereby amended so as to read as follows:

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251. The justices of the supreme court for the first judicial dis- Justices to trict, or a majority of them, must appoint, and may at pleasure remove, appoint a stenographer for each term of the circuit court, for the general term pher. of the supreme court, and for each special term of the supreme court which constitutes a separate part. Each stenographer so appointed Salary of, is entitled to a salary fixed and to be paid as prescribed by law; he etc. must attend all the sittings of the part for which he is appointed. If the judge requires a copy of any proceedings written out at length from stenographic notes, he may make an order directing one-half of the stenographer's fees therefor to be paid by each of the parties to the action or special proceeding, at the rate of ten cents per each folio so written out, and may enforce payment thereof. Any such copy shall be accessible to and may be examined by any of the counsel in the cause. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side for the stenographer's fees, or it may apportion the payment thereof among them as the judge deems just.

§ 2. This act shall take effect immediately.

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lector to pay

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of not exceeding five per centum per annum, payable semi-annually, and shall be sold for not less than par.

§ 2. The supervisor of said town is hereby authorized and directed te be paid to pay over, within the time hereinafter limited, the money raised on the sale of said bonds, to the sheriff of the county of Ulster, which payment shall be a fulfillment of the condition of the bond provided for in the third section, of the act hereby amended; and the said sheriff is hereby authorized and directed to receive the said moneys and credit the same upon the tax-roll of said town for the year eighteen Late col- hundred and eighty-one now in his possession; and Daniel Deyo, the late collector of sard town, is hereby authorized and directed to pay over to the said sheriff, and the said sheriff to receive, at or after the to sheriff. time of the payment of the money raised on said bonds, the amount heretofore collected by said Deyo as part of the taxes of said town for the year eighteen hundred and eighty-one, which collection, upon such payment being made as aforesaid, is hereby ratified and confirmed; provided, however, that the bonds hereby authorized shall be sold, and the moneys raised thereon, together with the moneys collected by said Deyo, paid to the sheriff of Ulster county on or before the twentysecond day of January, eighteen hundred and eighty-three. Payment § 3. The sheriff of Ulster county, immediately upon receiving the judgment moneys raised by the sale of said bonds, shall pay the same, or so much creditors. thereof as may be necessary for the purpose, to the judgment creditors or their attorneys on their respective judgments; and shall pay over the balance of moneys received by him as directed by the warrant in Act how to his hands. Nothing in this act contained shall be construed as in any way staying the proceedings of the sheriff of Ulster county in the col lection of the taxes of said town for eighteen hundred and eighty-one, as required by the warrant now in his hands, or as impairing the force and effect of any notices he may have given or other acts done by him; provided, however, that if the payments herein before mentioned shall be made to said sheriff before the actual collection of taxes by him he may suspend operations under the said warrant and return the same. 84. This act shall take effect immediately.

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CHAP. 2.

AN ACT to abolish the office of railroad commissioners for the town of North Dansville, in the county of Livingston, and to confer the powers and duties of such commissioners upon the supervisor of said town.

PASSED January 30, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The office of railroad commissioners in and for the town of North Dansville, in the county of Livingston, is hereby abolished. § 2. The powers and duties heretofore vested by law in said commissioners are hereby conferred upon and vested in the supervisor of said town and his successors in office, but without additional compensation to such supervisors.

§ 3. This act shall take effect immediately.

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CHAP. 3.

ich AN ACT to provide for the payment of inspectors of election led in the city of New York, for services rendered by them in the year eighteen hundred and eighty-two.

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PASSED January 31, 1883; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Upon the certificate of the chief of the bureau of elecIntions in the city of New York as to the period of service, compensation for at the rate now fixed by law shall be paid to the inspectors of election chin said city who were appointed during the year eighteen hundred and ro eighty-two for their services actually rendered, notwithstanding the the failure by any inspector to comply with some requirements of law relatailing to his duties.

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§ 2. This act shall take effect immediately.

CHAP. 4.

AN ACT to amend the Code of Civil Procedure.

PASSED January 31, 1883; three-fifths being present.

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

SECTION 1. Section two hundred and fifty-one of the Code of Civil Procedure is hereby amended so as to read as follows:

§ 251. The justices of the supreme court for the first judicial dis- Justices to trict, or a majority of them, must appoint, and may at pleasure remove, appoint

stenogra

a stenographer for each term of the circuit court, for the general term pher. of the supreme court, and for each special term of the supreme court which constitutes a separate part. Each stenographer so appointed Salary of, is entitled to a salary fixed and to be paid as prescribed by law; he etc. must attend all the sittings of the part for which he is appointed. If the judge requires a copy of any proceedings written out at length from stenographic notes, he may make an order directing one-half of the stenographer's fees therefor to be paid by each of the parties to the action or special proceeding, at the rate of ten cents per each folio so written out, and may enforce payment thereof. Any such copy shall be accessible to and may be examined by any of the counsel in the cause. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side for the stenographer's fees, or it may apportion the payment thereof among them as the judge deems just.

§ 2. This act shall take effect immediately.

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ized.

CHAP. 5.

AN ACT to legalize certain proceedings of the assessors of the town of Afton, Chenango county, New York, and certain proceedings of the board of supervisors of the county of Chenango.

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PASSED January 31, 1883; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The proceedings of the assessors of the town of Afton, ings legal in the county of Chenango, in making and returning the assessmentroll of said town for the year eighteen hundred and eighty-two, which was verified July sixth, eighteen hundred and eighty-two, and not verified after the meeting of said assessors in August, eighteen hundred and eighty-two, are hereby ratified and confirmed, and shall have the same force and effect as if such verification had been made after the said assessors had completed their roll after the day appointed for the review of assessments in August, eighteen hundred and eighty-two.

Tax levy

§ 2. The tax levied by the board of supervisors of Chenango county, confirmed. and assessed by them upon the tax payers of the said town of Afton, based upon the said assessment made by the said assessors, and the warrant issued by the said board of supervisors are hereby ratified and confirmed, and shall have the same force and effect as though the verification of the assessors had been to their completed roll. § 3. This act shall take effect immediately.

Conditions
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to be ex-
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etc.

CHAP. 6.

AN ACT to authorize the extension of the time for the collection of taxes in the several towns of this state.

PASSED January 31, 1883; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. If any collector or receiver of taxes, in any town of this state, shall pay over all moneys collected by him, and shall make his return to the treasurer of his county, as now required by law, of all unpaid taxes on lands of non-residents, and shall renew his bond as herein provided, the time for the collection of all other taxes, and for making return thereof by him, shall be and is hereby extended to the first day of April, one thousand eight hundred and eighty-three; such bond shall be renewed with such sureties as in any town shall be approved by the supervisor thereof, or, in case of his absence or inability to act, by the town clerk thereof. The penalty thereof, in any case, shall be double the amount of taxes in that case remaining uncollected. The bond shall be approved in writing, and filed in the same manner as the original bond is required by law to be filed, and to have all the effect of the collector's or receiver's bond. A copy of the bond and the approval thereof shall, within fifteen days after the passage of this act, be delivered to the county treasurer of the county in which said town is; but nothing herein contained shall be con

strued as extending the time for the payment of the state tax, or any part thereof, by the county treasurer of said county to the comptroller, as now provided by law.

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§ 2. It shall be the duty of the secretary of state, immediately after Duty of the passage of this act, to cause to be printed on slips of paper, and secretary in delivered to each county treasurer, a sufficient number thereof, to supply one copy to each collector or receiver of taxes in said county, and it shall be the duty of the said county treasurer to deliver one copy thereof to each collector or receiver of taxes in his county. §3. This act shall take effect immediately.

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CHAP. 7.

AN ACT to amend section three hundred and sixty-one of the
Code of Civil Procedure.

PASSED February 1, 1883; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three hundred and sixty-one of the Code of Civil Procedure is amended so as to read as follows:

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of, etc.

§ 361. The judge holding or presiding at a term of the county court Judge may or court of sessions, in either of the counties of Livingston, Niagara, employ Monroe or Onondaga, where issues of fact are triable, may employ a pher, comstenographer to take stenographic notes upon trials thereat, who is f entitled to a compensation to be certified by the judge, not exceeding ten dollars for each day's attendance, at the request of the judge. The stenographer's compensation is a charge upon the county, and in the counties of Livingston, Niagara and Onondaga must be audited, allowed and paid as other county charges; and in the county of Monroe must be paid by the county treasurer on an order of the court, granted on the affidavit of the stenographer and the certificate of the judge that the services were rendered.

§ 2. This act shall take effect immediately.

CHAP. 8.

AN ACT to authorize the New York Horticultural Society to acquire, hold and dispose of real estate and personal estate. PASSED February 2, 1883; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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SECTION 1. The New York Horticultural Society, a body politic Society and corporate, created by act of the legislature of this state, passed may March twenty-second, eighteen hundred and twenty-two, is hereby au- and hold thorized and empowered, by its said corporate name, to acquire and take real estate. by purchase, gift, grant, devise or otherwise, and to hold, improve, lease, mortgage, convey or otherwise dispose of any estate, real or personal; provided the real estate held by it at any one time shall not exceed in value the sum of five hundred thousand dollars, and the net yearly income thereof shall not exceed the sum of fifty thousand dollars. § 2. This act shall take effect immediately.

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