How payable. Contract for work, etc. Money not available tificate filed. laws of eighteen hundred and ninety-five, or so much thereof as § 2. No part of this appropriation shall be available until the until cer adjutant-general, inspector-general and chief of ordnance shall unite in a certificate, filed in the office of the comptroller of the state, and certifying that said armory can be completed in all respects, including its heating and lighting, within the amount of the appropriations made by chapter one hundred and twentyone of the laws of eighteen hundred and ninety-five and by this act. Appropri tion. § 3. This act shall take effect immediately. Chap. 579. AN ACT providing for the erection of a state armory in the city of Hudson, Columbia county, the acquisition of a site therefor, and making an appropriation for building said armory. BECAME a law May 12, 1896, 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. The treasurer shall pay, on the warrant of the comptroller, the sum of thirty-two thousand dollars, which sum stoner to same. tures by commission restricted. is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the erection of an armory in the city of Hudson, Columbia county, for the use of the national guard of the state of New York there located, to be expended under the Commis direction of the adjutant-general, the inspector-general and the expend chief of ordnance of this state, who are hereby appointed commissioners therefor. But no part of this appropriation, except peny for plans and expenses of the commission shall be expended by the commissioners until an indefeasible title, to be approved by the attorney-general, to a suitable site for such armory to be approved by said commissioners, free from all incumbrances without expense to the state, shall be vested in the people of this state, nor until upon plans and specifications of said building submitted by the architect to such commissioners, and until they shall be satisfied that the buildings, including necessary sewerage, and the necessary expenses of the commissioners and for superintendence and inspection of the work, can and will be completed within the limits of the sum herein appropriated. the commissioners above named shall have incurred any expendi ture under this act, or any sum or sums shall become due under any contract authorized by this act, they shall make and file with the comptroller a statement thereof under their hands, and the comptroller shall thereupon examine and audit the same and draw his warrant upon the treasurer for the sum he shall find to be due. The title to said land shall be vested in the people Title to of the state of New York, and in case the land or any part people thereof can not be obtained by agreement with the owner or owners thereof, the said commission shall acquire title thereto Proceedby the exercise of the right of eminent domain in proceedings acquire duly taken and had under and in accordance with the provisions and requirements of the condemnation law. Whenever Audit of expendi tures. vest in ings to title. site. § 2. The site selected for said armory shall be not less than one Armory hundred and twenty feet broad and two hundred feet deep. It shall be prominently and conveniently located, and the ground must be solid and not made land, and not near any marsh or running water. The cost of said land, including the amount to Cost be expended thereon for grading and otherwise, as hereinafter mentioned, shall not exceed twenty thousand dollars. Plans Plans and and specifications of said armory shall be prepared in detail and for work. shall receive the approval of said commissioners, and all work limited. contracts Contractors to execute bond. Certificate of indebt puachase Sale thereof. upon said armory structure, except the interior finishing and furnishing shall be done by contract, executed by and between the contractor or contractors and said commissioners, which contract or contracts shall be awarded to the lowest responsible bidder or bidders after due publication and advertisement, based upon said plans and specifications. § 3. The contractor or contractors for such construction shall before commencing the same, make and execute to the state a bond in such form as said commissioners shall prescribe, in the penalty of ten thousand dollars, with two sureties, to be approved by the chairman of said commission, conditioned for the faithful performance of such work of construction. § 4. The county treasurer of the county of Columbia whenever edness for a written notice shall be served upon him by the said commission of site, etc. that such land has been contracted for or purchased, or the title thereto has been acquired as above directed, shall execute in behalf of and in the name of the county of Columbia, a certificate of indebtedness for the moneys required to purchase such site, and to pay the cost of grading, filling, excavating, draining, paving of streets, paving of sidewalks, and fencing of such lands, and shall, after ten days' notice specifying the time and place where bids will be received for the purchase of such certificate, sell the same to the highest bidder; such notice shall be published for ten days in two newspapers in the county of Columbia. The aforesaid certificate shall bear interest at the rate of not to exceed five per centum per annum, and shall be made payable on the first day or February following the expiration of two months from its issue, and the amount thereof and cerificate, the interest thereon shall be raised in the next tax budget of said county succeeding its issue, and applied to the payment Issue and of such certificate; provided, however, that if in the judgment of Interest and when payable. Tax for payment of etc. sale of County bonds the board of supervisors of said county of Columbia it shall be deemed for the best interest of said county not to raise all the funds necessary to pay such certificate in full from the tax levy next succeeding the issuance thereof by the treasurer of said county as aforesaid, they are hereby authorized and empowered to raise the whole or any portion of the amount of such certificate by issuing and disposing of bonds of said county in such denominations, for such time and in such manner as they may determine, the interest thereof not to exceed five per centum per annum. The of Bale of proceeds of the sale of such certificate shall be retained by the Proceeds county treasurer and shall be by him paid out upon the written certificate requisition of the aforesaid commission, by which it shall be applied to the payment of the amount of the purchase price or cost of said land, and any damages for awards or compensation which may be made under the proceedings to acquire said title and the cost of acquiring said title and the grading, filling, excavat ing, draining, paving of streets, flagging of sidewalks and fencing of such lands. if § 5. This act shall take effect immediately. Chap. 580. AN ACT for the creation of a state armory in the city of Ogdens- The People of the State of New York, represented in Senate and ation. sion to ex Section 1. The treasurer shall pay, on the warrant of the comp- Appropri troller, the sum of forty thousand dollars, which sum is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the erection of an armory in the city of Ogdensburg, Saint Lawrence county, for the use of the national guard of the state of New York there located, to be expended under the Commis direction of the adjutant-general, the inspector-general and chief pend same. of ordnance of this state, who are hereby appointed commissioners therefor. But no part of this appropriation, except for Expendiplans and expenses of the commission, shall be expended by the commision commissioners until an indefeasible title, to be approved by the attorney-general, to a suitable site for such armory, to be approved by the adjutant-general, free from all incumbrances, without expense to the state, shall be vested in the people of this state. Whenever the commissioners above shall have incurred any Audit of ex expenditure under this act, or any sum or sums shall become due under any contract authorized by this act, they shall make and file with the comptroller a statement thereof under their hands, and the comptroller shall thereupon examine and audit the same. ture by restricted. penditures. Title to vest in people. and draw his warrant upon the treasurer for the sum he shall find to be due. The title to said land shall be vested in the people of the state of New York, and in case the land, or any part thereof, can not be obtained by agreement with the owner or owners Proceed thereof the commission shall acquire title thereto by the exercise of the right of eminent domain in proceedings duly taken and had under and in accordance with the provisions and requirements of the condemnation law. Ings to acquire title. Armory site. Cost limited. Plans and contracts for work. § 2. The site selected for said armory shall not be less than one hundred and fifty feet broad and two hundred feet deep, or shall contain at least thirty thousand square feet. It shall be prominently and conveniently situated and so located that it can be thoroughly and properly drained. The cost of said land, exclusive of the amount to be expended thereon for grading and otherwise as hereinafter mentioned, shall not exceed ten thou sand dollars. Plans and specifications of said armory shall be prepared in detail, and shall receive the approval of said commissioners, and all work upon said armory structure except the interior finishing and furnishing shall be done by contract, executed by and between the contractor or contractors and said commissioners, which contract or contracts shall be awarded to the lowest responsible bidder or bidders after due publication and advertisement, based upon said plans and specifications. Contractor § 3. The contractor or contractors for such construction shall, bond. before commencing the same, make and execute to the state a bond in such form as said commissioners shall prescribe, in the penalty of ten thousand dollars, with two sureties, to be approved by the chairman of said commission, conditioned for the faithful performance of such work of construction. to execute Certificate of indebtness for 1 § 4. The county treasurer of the county of Saint Lawrence, whenever a written notice shall be served upon him by the said of ate, etc. commission that such land has been contracted for or purchased, purchase Sale thereof. or the title thereto has been acquired as above directed, shall execute in behalf of and in the name of the county of Saint Law rence, a certificate of indebtedness for the moneys required to purchase such site, and to pay the cost of grading, filling, excavating, draining, paving of streets, paving of sidewalks and fencing of such lands, not exceeding in all the sum of fifteen thousand dollars, and shall, after ten days' notice specifying the time and place where bids will be received for the purchase of |