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Office of commissioner of jurors,

Chap. 510.

AN ACT to amend chapter four hundred and forty-one of the laws of eighteen hundred and ninety-nine entitled "An act to create a commissioner of jurors in the several counties of this state," in relation to Oneida county.

Became a law, May 17, 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:

Section 1. Section one of chapter four hundred and forty-one of the laws of eighteen hundred and ninety-nine, entitled "An act to create a commissioner of jurors in the several counties of this state," as amended by chapter two hundred and one of the laws of nineteen hundred and three and chapter one hundred and two of the laws of nineteen hundred and five is hereby amended to read as follows:

§ 1. The office of commissioner of jurors is hereby established in and for each of the counties of Schenectady, Saratoga, Richcreation of. mond, Queens, Oneida and Niagara, and the board of super

visors in any other county of the state, may adopt a resolution at its annual or a special meeting called for that purpose, to estab lish the office of commissioner of jurors in such county. A copy of such resolution certified by the clerk of such board of supervisors, shall be filed in the office of the clerk of the county within ten days after its adoption and a certified copy thereof delivered within the same time to each of the officers herein authorized to appoint a commissioner of jurors for such county.

§ 2. This act shall take effect immediately.

Chap. 511.

AN ACT to amend chapter one hundred and seventeen of the laws of eighteen hundred and eighty-three, entitled, "An act to amend, consolidate and revise the charter of the village of Peekskill and the several acts amendatory thereof."

Became a law, May 17, 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. Section two of title seven of chapter one hundred and seventeen of the laws of eighteen hundred and eighty-three, entitled "An act to amend, consolidate and revise the charter of the village of Peekskill and the several acts amendatory thereof," is hereby amended by adding thereto a new subdivision, to be numbered three and to read as follows:

conduits,

telephone and tele

graph wires, etc.

3. To construct or provide for the construction, by franchise Subways, conditions, or by individuals or corporations, of suitable subways cte.. for or conduits, and the manholes, drainage and things necessary for the same, for the purpose of conveying beneath the surface of the streets, highways or public places of the village of Peekskill, the wires and cables of telephone, telegraph or other public service companies, now or hereafter occupying the streets of the village with their wires or poles, or that shall hereafter be granted permission to conduct through the streets, wires to transmit electrical current other than high potential currents. Should the board of trustees deem it necessary to construct any such subway or any portion thereof, they may issue a certificate of indebtedness for such expense and renew the same as may be necessary. Such subways may be built in Main street from Broad Streets in street to Hadden street; in North and South Division street from Howard street to Second street; in Central avenue, in South street and in Union avenue and Nelson avenue from South street to Main street, and in North and South Water street and in Hudson avenue west of South street, and in such other streets as may be hereafter paved by the board of trustees. Whenever any such Removal of subways shall have been constructed the board of trustees may compel all wires and poles to be removed from said streets except

which

subways

may be

constructed.

poles and wires from streets.

use subways.

poles for distributing wires to points in vicinity of such subways and the wires of said companies placed in such subways, and in case any company shall not place its wires in such subway after sixty days' notice to the local representative of the company so to do, the board of trustees may remove all such wires and poles from said streets except distributing poles and wires Rental for at the expense of such company not obeying said notice. The board of trustees may fix such reasonable rental for the use of said subways by any such company as it may deem proper and compel the payment of the said rental, and in case such rental shall not be paid when due as the time shall be fixed by the board of trustees, said board may remove said wires or cables from such subway and disconnect the connections with the same. All moneys received from rental shall be applied to the payment of any indebtedness or expense occasioned from such subway; the rental received shall be applied to no other purpose while any indebtedness exists or any expense shall remain unpaid by reason thereof.

§ 2. This act shall take effect immediately.

Chap. 512.

AN ACT to amend the Greater New York charter, relative to the acquiring of lands and premises for public purposes. Accepted by the city.

Became a law, May 17, 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. Section fourteen hundred and thirty-nine of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, is hereby amended to read as follows:

§ 1439. When title may be vested by resolution.-Should the board of estimate and apportionment by a resolution adopted by a three-fourths vote deem it for the public interest that the title to the lands and premises, or any interest therein, required for any public improvement or for any public purpose and acquired

hereunder, should be acquired by the city of New York at a fixed or specified time, the said board of estimate and apportionment may direct, by resolution passed before or after the application to the court for the appointment of commissioners of estimate, made under section fourteen hundred and thirtyseven of this act, that at a date specified in such resolution after the filing of the oaths of said commissioners, the title to any piece or parcel of land, or to any interest therein, to be taken or acquired in the said proceeding, shall vest in the city of New York. At the date so fixed as aforesaid the said city of New York shall become and be seized in fee of said lands, tenements and hereditaments and all interests therein in said resolution mentioned, that shall or may be acquired as aforesaid, the same to be held appropriated, converted and used to and for the purposes for which the said proceeding is instituted. In such cases interest at the legal rate upon the sum or sums to which the owners, lessees, parties or persons interested in the said real estate or interests therein are justly entitled upon the date of the vesting of title in the city of New York, as aforesaid, from said date to the date of the payment of the award made to such owners, lessees, parties or persons in interest shall be paid as hereinafter set forth. And upon the vesting of said title, the said city, acting by and through the said department, board or officer conducting said proceeding, shall immediately take possession of the lands included in the same and the interests thereby affected, without any suit or proceeding at law for that purpose. And all leases and other contracts in regard to said lands so taken, or any part thereof, and all covenants, contracts or engagements between landlords and tenants or any other contracting parties shall, upon the vesting of said title, respectively cease and determine and be discharged according to law. All tenants in possession of said premises at the time of vesting title shall be and become tenants at will of said city, unless within ten days after the vesting of said title, they shall elect to vacate and give up their respective holdings.

§ 2. This act shall take effect immediately.

Chap. 513.

AN ACT to amend the municipal court act of the city of New York, relative to the jurisdiction of such court.

Accepted by the city.

Became a law, May 17, 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. Section one of chapter five hundred and eighty of the laws of nineteen hundred and two, entitled "An act in relation to the municipal court of the city of New York, its officers and marshals," is hereby amended to read as follows:

§ 1. Jurisdiction.-Except as provided in the next section the municipal court of the city of New York has jurisdiction in the following civil actions and proceedings:

1. An action to recover damages upon or for breach of contract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars, exclusive of interest and costs.

2. An action upon a bond conditioned for the payment of money where the sum claimed to be due does not exceed five hundred dollars, exclusive of interest and costs, the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in installments, an action may be brought for each installment as it becomes due.

3. An action upon a surety bond or undertaking taken in any court where the amount claimed in the summons does not exceed the sum of five hundred dollars, exclusive of interest and costs.

4. An action in behalf of the people of the state or of the city of New York, brought by the direction of a commissioner of public charities or an overseer of the poor upon a bastardy or abandonment bond in a case where it is prescribed by law that such an action can be maintained.

5. An action upon the bond of a marshal of the city of New York, as prescribed in this act.

6. An action upon a judgment rendered in any court not being a court of record.

7. An action for a fine or penalty not exceeding five hundred dollars, including an action to recover a penalty given by the

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